Loading...
HomeMy WebLinkAboutcoa.lu.pu.Top of Mill parcels 4,7 & 8.0011.2005 , City of Aspen Community Development Dept. CASE NUMBER 0011.2005.ASLU PARCEL 10 NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER CHRIS LEE CASE DESCRIPTION PARCELS 4,7 & 8 TOP OF MILL SUBDIVISION / PUD EXTENSION REPRESENTATIVE JODY EDWARDS 970-925-8700 DATE OF FINAL ACTION 3/23/2005 CLOSED BY Denise Driscoll ,.'. '-" DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right extension period. The vested property rights shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Parcel 4 Top of Mill. LLC: lP Interests. LLC: LPRP River. LLC; LPRP Mill. LLC: Street. Suite 203. Aspen. Colorado 816111 Property Owner's Name, Mailing Address and telephone number 201 North Mill 970.925.8700 Parcels 4. 7 and 8 of the Top of Mill Subdivision/Planned Unit Development Legal Description and Street Address of Subject Property Approval of the extension of vested property rights and exemption from expiration of the single- family residential land use rights Written Description of the Site Specific Plan and/or Attachment Describing Plan Citv Council Resolution No. 15. Series of2005. Approved 3/14/05 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 27. 2005 Effective Date of Development Order (Same as date of publ ication of notice of approval.) March 27. 2008 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 27th day of March, 2005, by the City of Aspen Community "'V,'opmc1\:;"'t& Chris Bendon, Community Development Director c '- PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of the extension of vested property rights and exemption from expiration of the single-family residential land use rights pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properties: Parcels 4, 7 and 8 of the Top of Mill Subdivision/Planned Unit Development, by Resolution of the Aspen City Council numbered 15, Series of 2005, on March 14, 2005. The Applicant received approval for a three (3) year extension of the vested property rights pursuant to Ordinance 7, Series of 2002, and an exemption from expiration of the single-family residential land USe rights. For further information contact Chris Bendon, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920- 5090. sf City of Aspen Publish in the Aspen Times on March 27,2005 MEMORANDUM Vl\la To: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director 10yce A. Allgaier, Deputy Directo~ FROM: Chris Lee, Planner cJ.L RE: Exemption from Expiration of Vested Rights for Parcels 4, 7 and 8 oCthe Top of Mill SubdivisionlPUD DATE: March 14, 2005 ApPLICANTS: Parcel 4 Top of Mill, LLC; JP Interests, LLC; LPRP River, LLC; and LPRP Mill, LLC REPRESENTED By: Joseph Edwards of Klein, Cote & Edwards, P.C. PARCEL ID NUMBERS: 2737-182-02-204,2737-182-02-207,2737-182-02-208 LEGAL DESCRIPTION: Lots 4,7 and 8, Top of Mill Subdivision/PUD CURRENT LAND USE: Vacant Parcels PROPOSED LAND USE: Residential Single Family Dwelling with ADUs on each parcel REVIEW PROCEDURE: Exemption from Expiration of Vested Rights and Extension of Vested Rights. At a duly noticed public hearing City Council may, by resolution, approve, approve with conditions, or deny, an exemption from the expiration of vested rights. Council may also grant extensions of vested rights. STAFF RECOMMENDATION: Staff recommends approval with conditions. SUMMARY: The applicants are the owners of parcels 4, 7 and 8 of the Top of Mill Subdivision/PUD and are requesting an exemption from the expiration of vested rights for said parcels. Joseph Edward's letter of application outlines the reasons for this request. City Council granted Subdivision and PUD approval of the Top of Mill development through Ordinance 7, Series of 2002, on March II, 2002. The subdivision is composed of residential development parcels (allowing five single- family and three multi-family lots and a separate parking garage) that are zoned LodgefTourist Residential (L/TR). Two other parcels dedicated to open space are zoned Conservation (C). The subject land for this application, Parcels 4, 7 and 8, were approved for single family dwellings with ADUs, but remain vacant and undeveloped at this time. The applicants are making this proposal in light of the imminent termination of the initial three year vesting period for the PUD, as well as the fact that a pending ordinance of the city proposes that the L/TR zone be amended to remove single family dwellings from the list of permitted uses. The potential change may come about if Ordinance 9, Series of 2005, receives Council approval. The code amendment would not allow single-family dwellings as a permitted use, which has obvious consequences to the owners and to the PUD development as an approved master plan. STAFF COMMENTS: Staff would like to see this situation remedied in order to allow the future use of the subject parcels to continue as single family residences as approved in the PUD. Staff has considered this application and has proposed an approach that is different from the applicant's request, but one that we feel achieves the same end. Staff understands that the applicant represents owners of land who are in the process of a land sale transaction and therefore timing of this situation is important. There are two components to this situation, one has to do with the exemption from the expiration of vested ril!hts and the other has to do with the more common extension of vested ril!hts. Exemption from Expiration of Vested Ril!hts: The applicant has asked that the subject parcels be exempt from ever haying the vested rights for their development approval expire. Staff does not feel that it is appropriate to grant the exemption from expiration of vested rights for parcels 4, 7 and 8 in a blanket fashion to all of the rights granted in the PUD. Doing so would allow the vested rights for the PUD to go in perpetuity and give these owners different rights that those allowed other developments. Currently, once a vesting period is over for a development, the is subject to new regulations as they evolve to reflect new and changing policies. Given the proposed change to the LTR zone, . Staff believes that exemption from expiration of vested rights should be granted for the land use of the parcels only. This would allow for the approved land use of single family dwellings with ADUs to continue. There are no changed circumstances in the neighborhood that would warrant a change to the approved PUD plan, the current owners of properties within the PUD have a reliance on the approved PUD uses, and the intended uses are still acceptable in the setting. Single family residences have already been built on some of the parcels in the development. These lots too, are subject to becoming noncomplying when and if the LTR amendment goes through. Staff recommends that a new zoning amendment be initiated for all the single family residential parcels (4, 5, 6, 7, & 8) within the Top of Mill PUD, changing the LTR to a zone district that allows single family residential dwellings and ADUs as a permitted use. Couple with this recommended zone district change, Staff recommends that the exemption from expiration of yested rights for the land use not be granted in perpetuity, but only until such time as a zone change is approved to allow for single family residential development as a permitted use. Extension of Vested Ril!hts: Considering that the development still has several vacant lots, Staff can support an extension of yested rights for 3 years. This would allow the development to be guided by the zoning in place 2 at the time of development approvals and not subject to neW regulations for another 3 years. As noted earlier, there are no changed circumstances in the neighborhood that would make the City want to see a new development scenario for these properties; the current owners of properties within the PUD and neighbors have a reliance on the approved PUD plan; and, the intended uses and layout are still acceptable in the setting. The floor areas were all set by the PUD and these are not subject to change. To summarize, Staff recommends the following actions: . Grant an exemption from the expiration of the vested rights only to allow for the single family residential and ADU land use rights to continue, until such time as a zone change is approyed to allow for single family residential development and ADUs as a permitted use; . Grant an extension of the vested rights for the PUD approval for a three year period; and · Direct Staff to initiate a zone change amendment to allow for the single family residential use and ADUs as a permitted use for Parcel Nos. 4, 5, 6, 7, & 8 of the Top of Mill Subdivision/PUD. STAFF RECOMMENDATION: Staff recommends approval of an exemption from expiration of vested rights and an extension of vested rights for Parcels 4, 7, and 8 of the Top of Mill SubdivisionfPUD with the following conditions: I. The exemption from expiration of vested rights will apply only to vested rights regarding land use granted through Ordinance 7, Series of2002. The land use will remain in effect as single-family residential until such time as a zone change is approved to allow single family residences and ADUs as a permitted use. All development dimensional standards and requirements as put forth in the aforementioned ordinance shall continue to apply. 2. All vested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002, will be granted an extension of vested property rights for three (3) years, establishing an expiration date of March 11,2008. 3. The establishment herein of a vested property right shall not preclude the application of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. The developer shall abide by any,and all such building, fire, plumbing, electrical and mechanical codes that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. RECOMMENDED MOTION: "I move to approve Resolution No. 1-'2., Series of 2005, approving, with conditions, an exemption from the expiration of vested rights for the approved land use on Parcels 4, 7 and 8 of the Top of Mill Subdivision/PUD pursuant to Ordinance 7, series of 2002, and granting an extension of the development rights approved in that same ordinance for a three (3) year period. The new expiration date will be March 11,2008." AND, 3 "I move to direct Staff to initiate a zone change amendment that will allow for single family residential and ADU uses as a permitted use for Parcel Nos. 4, 5, 6, 7, & 8 of the Top of Mill Subdivision/PUD. " CITY MANA~~::: . Q ~J>.-P ~. ~ IN 6k -ro .-0 ~.,: Ucs _ (j J-;;~ ~i~ at ATTACHMENTS: Exhibit A n Review Criteria & StaffPindings Exhibit B -- Application Letter Exhibit C -- Top of Mill Subdivision/PUD Land Use Plats Exhibit D -- Ordinance 7, Series of2002 4 RESOLUTION NO. i 6 (Series of 2005) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXEMPTION FROM THE EXPIRATION OF VESTED LAND USE RIGHTS, AND A THREE (3) YEAR EXTENSION OF THE VESTED DEVELOPMENT RIGHTS GRANTED BY ORDINANCE NO.7, SERIES OF 2002, FOR PARCELS 4, 7 AND 8 OF THE TOP OF MILL SUBDIVISIONIPLANNED UNIT DEVELOPMENT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Nos. 2737-182-02-204,2737-182-02-207,2737-182-02-208 WHEREAS, the Community Development Department received an application from the representative of the three owners of said parcels, Klein, Cote & Edwards, P.C, requesting approval of an exemption of the expiration of vested rights granted for the Top of Mill Subdivision/PUD pursuant to Ordinance No.7, Series of2002; and, WHEREAS, City Council adopted Ordinance No.7, Series of 2002, which approved a Subdivision and PUD and granted Vested Property Rights status for Top of Mill Subdivision/PUD Development until March 11,2005; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an exemption from expiration of vested rights or andfor an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of exemption from expiration of the land use rights and a three (3) year extension of development rights for the Top of Mill SubdivisionIPUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested exemption from expiration of vested rights for the Top of Mill SubdivisionIPUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the exemption from the expiration of vested rights and the extension of vested rights meets or exceeds all applicable land use standards and that the approval of such, with conditions, is consistent with the goals and elements of the Aspen Area Community PI,m; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: " "'......... Section 1: The Aspen City Council does hereby approve an exemption from expiration of vested rights and an extension of vested rights in accordance with Ordinance No.7, Series of2002 for Parcels 4,7 and 8, Top of Mill Subdivision/PUD, City and Townsite of Aspen, with the following conditions: I. The exemption from expiration of vested rights will apply only to vested rights regarding the land use granted through Ordinance 7, Series of 2002. The land use will remain in effect as single-family residential until such time as a zone change is approved to allow single family residences and ADUs as a permitted use. All development dimensional standards and requirements as put forth in the aforementioned ordinance shall continue to apply. 2. All yested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002, are hereby granted an extension of vested property rights for three (3) years, establishing an expiration date of March 11,2008. 3. The establishment herein of a vested property right shall not preclude the application of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City COlillcil, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any 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 conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 5: A duly noticed public hearing on this Resolution was held on the 14th day of March, 2005, at 5 :00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FIN ALL Y, adopted, passed, and approved by a March,2005. to L-~ vote on this 14tl1 day of Approved as to form: John P. Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk H:\chrisllApplications\City Council\Top of Mill Exemption Approved as to content: Helen Kalin Klanderud, Mayor ~.,...... EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.308.010 VESTED PROPERTY RIGHTS Exemption from Expiration of Vested Rif!hts In reviewing a request for the extension or reinstatement of a development order and associated vested rights, the City Council shall consider, but not be limited to, the following criteria: I. Only subdivisions composed of detached residential or dnplex units shall be eligible for the exemption from the expiration provisions of section 26.304.070(D); STAFF FINDING: The parcels (4, 7 and 8) for which this application was submitted are all part of a subdivision of detached residential units legally known as, Top of Mill Subdivision/PUD. Staff finds this criterion to be met. 2. To obtain an exemption, an application for exemption shall be submitted at any time prior to the third anniversary of the effective date of the development order; STAFF FINDING: This application was submitted prior to the third anniversary of the development order. The final approval for Ordinance 7, series 2002 was granted on March II, 2002. Staff finds this criterion to be met. 3. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; STAFF FINDING: The conditions of approval that were established in approving the original development proposal are to take effect prior to or in conjunction with the building permit submittal with the exception of the preparation and recordation of the PUD Plat and Agreement. The PUD Plat and Agreement have already been filed with the Clerk and Recorder's Office. Therefore, Staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of vested rights. Staff finds this criterion to be met. 4. Any public or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. STAFF FINDING: Infrastructure improvements have been completed. For the parcels that have already been developed, all required improvements have been done. The applicants will still be subject to the land use requirements as established in Ordinance 7, Series 2002 for development on the remaining parcels. Staff finds this criterion to be met. ........... E){'^~bt -3 I KLEIN, COTE & EDWARDS, p.Cl ATTORNEYS AT LAW HERBERT S. KLEIN LANCE R. COTE, PC' JOSEPH E. EDWARDS, Ill, LLC MADHU B. KRISHNAMURTI hsk@kcelaw.net lrc@kcelaw.net jee@kcelaw.net mbk@kcelaw.net 201 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 816 I I TELEPHONE: (970) 925.8700 FACSIMILE: (970) 925-3977 . also admitted in California February 17, 2005 Joyce Allgaier City of Aspen Community Development Department 130 South Galena St. Aspen, CO 81611 Re: Parcels 4, 7 & 8, Top of Mill Subdivision; Exemption from Expiration of Vested Rights Dear Joyce: Thank you for holding a pre-application conference with me on February 11,2005, to discuss the vested rights for the above-referenced Parcels. Our office represents and is authorized to file this application on behalf of the owners of Parcels 4, 7 and 8, Top of Mill Subdivision (the "Parcels"), according to the plat thereof recorded in Plat Book 62 at Page 4as Reception No. 471099 of the Pitkin County Records (the "Plat"). The owner of Parcel 4 is Parcel 4 Top of Mill, LLC, a Colorado limited liability company. The owner of Parcel 7 is JP Interests, LLC, a Delaware limited liability company. The owners of Parcel 8 are LPRP River, LLC, and LPRP Mill, LLC, both Colorado limited liability companies. The address for all applicants is this office. For your reference, a copy of the Plat is attached - I have not included several pages of floor plans, elevations and various utility and landscaping plans which were recorded as a part of the Plat and are not relevant for purposes ofthis application. Please consider this letter an application pursuant to Section 26.308.0IOBI, City of Aspen Municipal Code, for an exemption from expiration of vested rights for the Parcels. All of the Parcels are currently vacant land approved for development of detached single family residences and associated ADUs. This application is filed prior to the third anniversary of the effective date of the development approval which granted vested rights. For your reference, attached is a copy of Ordinance 7, Series of 2002 which granted final approval for the PUDfSubdivision and was recorded in the Pitkin County Records as Reception No. 466392 ("Ordinance 7"). The final approval of Ordinance 7 was March 11,2002. Also attached for your reference is a copy of the Subdivision/PUD Agreement for Top of Mill SubdivisionIPUD dated August 16,2002, recorded as Reception No. 471100, and executed by the Developer ofthe Top of Mill Subdivision and the City of Aspen ("PUD Agreement"). Section 2.1 (d) of the PUD Agreement granted vested rights for a period of three years from the date of approval of Ordinance 7. Pursuant to Section 2.2 of the PUD Agreement, each Parcel ,-.. ~.... ......,. ,,",,-" Joyce Allgaier City of Aspen Community Development Dept. February 17, 2005 Page 2 was approved for a detached, free market, single family residence with a specified maximum allowable floor area. The Developer of Top of Mill has complied in all respects with all of the requirements of the PUD Agreement. Any public or private improvements that are required for development of the Parcels have been installed, since other parcels within the Subdivision have obtained building permits. For seyeral reasons we believe it is appropriate to grant the Parcels an exemption from the expiration of vested rights: (1) the Parcels already received approval from the City for development of detached single family residences; (2) Parcell (six townhomes), Parcel 2 (four affordable housing units), Parcel 3 (a duplex) and Parcel 6 (a single family residence) have all obtained building permits and achieved varying levels of completion; (3) the timing for the development of the Parcels is uncertain and there is no policy reason for requiring that the free market component of the subdivision be built immediately; (4) the Master Declaration of Covenants for the subdivision limits the use of the Parcel to single family residential structures (and an ADU in accordance with the PUD Agreement); and (5) there is no other reasonable use ofthe Parcels given the existing development of the subdivision. We respectfully request that the City Council grant exemption from vested rights in accordance with Section 26.308.010BI of the Code. I have obtained mailing labels from the City GIS department for all owners within 300 feet of the Parcels. As soon as you provide a copy of the public notice, we will make sure it is mailed. Also, enclosed is a check in the amount of $546.00 as the filing fee. Please let me know if you need any additional information. Sincerely, KLEIN, COTE & EDWARDS, P .C. B Enclosures \IAlIgaier.doc ~~ KLEIN, COTE & EDWARDS, P.e. ATIORNEYSATLAW HERBERT S. KLEIN LANCE R. COTE, PC'. JOSEPH E. EDWARDS, III, ILC MADHU B. KRlSHNAMURTJ hsk@kcelaw.llCt Irc@kcelaw.net jee@kcelaw.nel mbk@k....luw.net 201 NORTI-I MaL STREET, STE. 203 ASPEN, COWRAD081611 TEI.EPIIONE: (970) 925-8700 I'^CSIMtLE. (970) 923-]977 ..110 admiued illCatifl;>,nia February 17,2005 Chris Lee City of Aspen Community Development Department 130 South Galena St. Aspen, CO 81611 Re: Parcels 4, 7 & 8, Top of Mill Subdivision; Exemption from Expiration of Vested Rights Dear Chris: The rea~on that the owners of Parcels 4,7 & 8, Top of Mill Subdivision are seeking exemption from expiration of vested rights is that we have been informed that the City is considering changes to the L/TR zone district, which is the underlying zone district for this PUD. Also, the statutory vested rights are currently scheduled to expire in March of this year. Please let me know if you have any additional questions. Sincerely, KLEIN, COTE & EDWARDS, P.c. , -, ~/ ~it: ( I \Ilcc.doc E--.(~~~ V ~:::~~~c~~'S r a~a"'Q-:!l:!lf )'~..Qg~~~"1I 0 i:(;~~~a~lIi '~ 3E -l i'~~r~ :-.~ ~~ U~'~ ~ O~'" ~So ~ ~r' w a~f ~ ~~~ g l> ~~J2 ~~ ~ ~~sf~~ i zzso~~ ~z" .. , Z l/'UlJ Be ~ ~UIl;SPl' ~ ~ ~ FoI':'ii).:!i ~~:~~ L1Zii~~~ )> ~ . co o~:~~" .' (j) , " LJ fTl Z 'OJ ~:s: 0 c 00 :0 ~:~~,~~~~~~~~ -u OC '" ~m~m~~m . :>- :;:oZ ~., ~r,d" 0 :oI~::uOf I ~r,t~ ^ Lllollolloll.lUUULlLll.IUU J;~~~g III 0-1 UiiUUUU~ :0 , :>- nM ~~u28a~ ~ ~ ~~2~ 0 ~ )>)> " ~ m of" o)-C\ 0 f '" , . z ~ lol"'-:'l.IUUN"'___~ Z o,wqg" ~ ' s 2' " " ,J3r < . . - .' . .. . .. . Ul.oO' - v~~~~i ~ . 'l;';~F '" 0 -lz jii3~~~~~W~ G> ~e~~~~ z 8 r ~ III ij N-O ~o 8:~~ "'~~L6 ~i: :.." . 0 oo3~'i i~'o .. . -u O(j) u_z z . ~m~~ ~ ~~i~ 0 '0 r '" 333 ~. · ~ z Zc ~l6 ~ ~~~~ ~~ :l m ~ ~j~~ ( r U) OJ r ~ 0 ~O 0 . ~ < - (f) - S;1jJ;'.: m:iil o_Q 0 m~ ~r,i;~! ~;;~ z ~~'G. II "'Iol 101 i~~~g~ . "'~o~!ir-( 0 i ~i~f' , 0"11"'11 r iiffi am .ha~ ~ i gi ~ , oa~. 0 {< ,"" '3~~p i~9~~~ . 'l'U!". 0 ~ LJ ;EE A~f'l:- .' , ()~g"3:.... II ~m II etiil;a- ti 1I>~3i. " S8:"~ .... ~~~~ - ~o ~8~ C ii - r .- ,.L I_ f 1m ~ 0 , ;1 " . ~ ~ ~ N I.. ...._~----._._._-_.._..-.- - :!:::!:::::'~':"<.''''-''''''''''''' ,....._... ...._u_......... ",'. 11;'!lll' hlo~ ,'11'" "II,Il[ ; hlh ,"n II"" 1"11 I,ll!. i~ ;~ llG) Hi , !ll!,~ J~tU:2 "",..if" mli~1 6,,;,. (,') ~~l;g ..0 ~o ~~ g@ ~~" ~ f~ :>.. In 'ti t~ ~ i ~li ~ ~n ~ '" '" v,~ ~~ ill"' '<" " ~ '!'n ~ i , . - I :' llt >- ~ , h. ~ .......... ~ --~_._-_._--'-_._-.-._~------------_._-_._------_._-_.----. ~-. - t: ~ ' ri .. '!' ; ~"""V- , ..... 1m ,. Ii I I!!!! !l... '/;WI ;;;; .- ,... ~l! ; ..1 " , 6IilR~~~0@D~~ ! fil W!,IP,!!!i !I,lIH~!' n ij . ! ~ I ~ 2lWUif '1'lml" '[1;11,11 "llIll'i' ,tit II ::.'111, W!j'i 1" h 11 It! Ii ~ i' . , "\:)CN Ii>'- ~N -- ".'~''''-'''''-'''-''- .....- -~"'"' -"-'-- ~.. -............ ~~ , lll!'i,. .~ "'m!"j'l! ! I'JI'" , m'i 10, '~.:;' Ht"~irl' i ' ~" ~ il'.1,11f II t il!;~.~i:! 1 f, :!I'it11! lei !,,,~ i' . 'l~..;. n, ':~ '~..' '!j "till ' " 111'111" (,WI!' " .. I ..' . , ' , I [, I !:l:)l: ! i lm1i': 1(" " il'lil'lJl' II ',,1li i ~ I Iii! 11 I ~1 k .; , fIflH V: "'!l.UJ!"! .. f l! Q I ..~~ Rf Q~t ~ , J " !I'lll;' ~'li'l ~'~.;~ Ii II i' .! i!, !m,ll!; !ji!,l -.- .1 I i m !~. Ii I ~ :' I, ,1,:.11" r'lll' I 1. i : I" I ,I; " ;-,0'> Q'il'llll"lH i "1'11:1 ,""",. tl: i i;j! t j; f'l . ~ H .1 ~ Iv"'." t l l~,,,.. I i i- I. ""il"' II I'l' ' /":J' . r X,) t i , :! 'I"'i I' ',l.,'~ I;~" r, .0 . , If , l' i: l~" J' ,iU1;1i i.' _. .. . n"'j.l;: I!ii~ !i!!~ l!m~j Flnll umll'lilliillll'lHll :P1E!!11,1W,iIHIiI:'lmnw !JllIl 1l1.I~fl ',ii!'l':;l 1 J i~, n 1,lgz II." ~ 'Ill n 'I ~ ,. 1.1 '"! "!';! .,!I!V.. "," '[Kl I' .'; , ~l WI ~t ~Iq !;llr!li /jitlliiill,.1,i.1l[j,111',!'1i!flllli.ill;t I!!jl!lj!!tll!ll~mii~ljill!! 1111'j!l!i ill,Jlli 11~lli!l!il' lr~~! ~ ~'.:' · r "'1 II'j'! ._,..!," .1,"11 ''','' . I'"' !hl' ~ !!ili! 'l!ll!!'l'~ 1!IM*I'!ll,II!I'1i! lil'!i!l!!,i'I'j';111,lj;I:i!;ilj!.!ill !l!id 1!ll1i i'I'i!ljl;lj l!j '" I.", I "II 'III I "l 1,'." I"~ II." hi" ".", ~ ." I' '~~ ~ '-l 'ii'l Ii l'j ',;.%;, "lFf 11;!:,'II'i'~::jil";;i"II: jili.. l!' : l'll~'l ii' j ~ ~ !;I;U '~Iii;l! l~Ii[lI:IJ'!lh:!: 11'i!I,m:l:llj::!llliilll!,ji ';'I'i II:' lil'I'lhl: 1 III ,!i " ""I' I! 'I}I I I'.. I,. " r 'Ill'("- !"";!'ll' If /. :~,', 'J" ~ ~ ~ lijlll mli! '1;llili!!JIII!j!j i~:!!ji!ll1!!iilm!!~~lii! Ijf;! 11m !llfll!i i " G 'I ,." 'II'! .'...'1. I ~ ~ I !'i' I ~ - Pl:::d ~~,~~~ !~ ~J~' 1~;H~; II :11' I r~i ! 'lll~!~ ijl;j:~ '" " 111 '1"1" I!l :l",ll I! <,I l.,it'" ,'I, r' """! I !,l c.,,~" 'l~ HI'il, i"'" , """""'1 ~~~ '. ~11'1~ l~f .H;l~~ ..' - ! ,f' h!hpl ~l~, I,"",,! ,"'" $ Ij~l ' g ~!~al , I' p'1,. 'l'l'" '- ~' ~\:~ ; ~ ;;U~~l: hI lt~::t ~ ~ {;..;:s~: ~. . 'i'I ."" '.' t".,,!, !I i tt....l~ :... llr'~' i .~ . I ~ ~.".' I ' 1 1\ ' t' " ~ " , , .~'; .l i l"j!~i r iT tn~ { ~!ii~~! 1 ~~~'jH: r.!i!l;!! ~ "h~~h .. ~,'a" ~ 'I"": ! 'P.~ rl' t ..~HPt ,.-~~- ~ i~~;;f- ~ 'i !j 1!li(~1 ;w-;: t ,~.lll_ ~. 'I'ilibl .. "': !. ;~~) ~ ." ", Ii' ~ii '!~ ~;, ',.Ilf.j~! , , ".'; ~~ ~~ ~.~ ~~ !!ll'i'j';II!!:;;III!I!lm Ili1jj:!','1111FI j!jiJ'ililllli ;il!,ill'lll'Ha!lllPI1/ll:111lIi!lmll~ll! Ill'llllll!i!l!',~ f\J " I ;1)11' '1111 ! 'I" 'I I' i' , '.! 'I' ',' !'Ilr" I' .11 j"'ll" '\" I I"!'" !;I,Hf.I1a:llii:ai~!n; 'liliIH!Hl1fli!t !F,!1111.!,I,!Hi ;i:!ljillh, "iWi,Ii'i:WIIIL jllil!tlFJii!. 'JiiliF"J'uilt ~~ ~ ~1 Jill if U..!!. . t <!II; I' I ~ "t i I~ ;; l,l- ,,~ ~. .... H,~ -". !. 1 JU '~'1\ I 'n 'I ,Iall; ,I' ,I I I.,;' "'i ii i:lll'l . ;1; i' :r,. ,'Il' ",; ", < ;,., : :.,;' "\1"~ '1I1111.11.11,~1",,_ "l:"~~ I!.._"..!!P. .......... ()I:::l!lj(::: ~~~t:: ~i~.. ,,"l~~ ~~~ :<;,,~ ~I:i "'"' ti<::> "'i<: ~:t: ~~ t3~ lHl"H! Il'Jall'I""!'I'''i';:l!FII! ' ":!! l'jl U:1I '!:,!hi ..: I!JlliWMiI!lr:lj!;;!.' I 'r; il,; 1:;t; !ilIll!1t 1lll"!I"'1I/IJ1! ";!'I'f1jll'! I I', U: i;ll !,,,!fii!' l';..i II~iH'I' :!1'l!,L;,'f.llll' ., "1" 'ii' ,;:1' !p;:~ ,.!~~~ 11111 '1'1<1"" ~ f'.I'IFIJ~ I~ ~\~~ "".ir !,h~ i!l!H,Ii: 11'!i'!j,\11111;1l!11!1",ii Il':1":1! ;1 !;~!:ll 1;;1 i!'III! h"""'l ' Il, ,!' l!'ld l,l"!'..l!, Ii "I !" II , Ill!!:!!" l:r'i:lUllUi;li,:,lil,;,llh! 'I' m; .:;; l~iH 1~~f!il~ t!I%;11.1il:t~~'lr,~"" f~I;:lj I tl~~ ~r! lH,f i!l;jiHl ill!I:.!IP,:l:ii!:l!ijH1liH!!, ~l l!!i 1j!i !Ijli, h';l;!i1 hq'l"'l" "II'I'n',"": I' ,J", '_H I" ;il,';.j:! IW,j1ll",' [;W'!'II. 'i "I ;'I! 1'1 IH;, II': ,tl:. hi !~. I" f'. ~tf'~ '!~ U ~ 'i' "~ I .1 -i~ ;!. ~.f 'i,', !~~~ I ..'; I . ~ ill 'llll'1l lllli!il[l lillllJi' ',m;l! !rr I~ lIiJI J! ~'tt i Il~~ f;t d~lf~ t'~ :;fH'~~ ~a;l~ii~:t i U;I i: h~i!-j{ Ii. 111'!lllli, l!'l'>,-~p,~, 1l,I'l~IL 1I'!iP" >. ~ B ~ I.. " ok ,,' ;l!,wi' hlt1it'I" Illi!:!'l:,'l;l'l: :~l P~~!lt i ll.~ :,H . l~J: ~ ~lr!~4~ ;g ,lli!!I!!: .!l,lh'r'j maWl j!:!ill! i~~1 f:l~IHli iUiFi ~~ tjithl.ll!; .!tI1Jfj:.: j. ~ "~~l" . '4 ,h . ~ '. ~ lIfH',~ ;',1 '''I;j''',: IQj'[',il! 11",I,'llil I:P;,'!'; i - ~i l' 1 . t' t~l ,. i-of ..' J' ,'. j"I!' 'I!"'l' 'I.d!lt "I"" III ilt"l"j,l I lH Itt 1_11"'1" .!:,~.i!. I" J t ~ ~ I' f i ,o,j i II; ~, - i~ l .;! 1'lh,I, 1,,'t'i,,: '11,];lll !lj:.'; III :'"i ~! II 'Z ~ ;! J) i I,~ ~ I 'In' .' . ~, & i ~ ~ ~ ~ , ""~ -'.'-~-.,.- .....~. ......,-.... .- ",..>o,,~""...,,_~___" ..~.._. .._.._ .,~...._...~..... n:"Hjl 11"i:!: ;f' ~I.~" ,"~ l.' 'illt i~!.!h l;\~m ~1!~1i' ;l~'{" :! :l.l ., :,rt'\ :" VI L~ 'I H~l':~ I~'i;i J;>tg;.c ,..,~ mi~ ~~f~ ~ ,,-:.il8 ~~!8z "1-- J:: ~,~.. f'J rill v, " ~~ ",'1] ;;; ~~ Cl ~~ ':':t::j '1]" 8 ,,~ ~~ "'f0 I-I"'r 1 L. .,-.:1 ,I, , ..,: I !'mlllj'I!~!Il.~" ~ ! t:; l,! "h. I! . , I ,I I'J'!!lit.""J. i ~ r :i~' t' "i,.~I~~;! f 'j,ol"II'IIJli"j, , r."'I/.. '.'~" ,1~"1 ;"4 ~111., ~ il!,ll!! "1~1~~I'H :! ir ...1, I"f" t ~t~ 1 l~ll' I' f .. j.' ~ _~ , Ir~ l '.f . iit 1"" l~ II!;! 'i!;! "" -g;J ,- 'l!~ ~.~ ! i '\1 I. . - ''''l<:..t.. - ~; ."""~ '\i?/'/711' ,11'. ''''. "/I.;-~. I: - . 7/,~~'7' IN \::-, ~ ~f\J " - I I; J' a ~-"%- , I. ,,"',", --"'___"4~~ '---- ~'- / " :~ lfen i~ " i~_~~j;~ 1~ln~ !~'f,8 Q~i'i ~eJ ~~~ :;~ ~!'t~OI li!:! ~ ....-r.'! : ~ v, ~ gj'i "~ '" ~'" "''i ~ "'~ ",f::: 8 . -~ I::; ~~ 1N ~I.\'- ~ tv ~ ~ !\] " ~ " ~. r~ !lOll IS rfi5j .... ;;;,; '"," '... iff~ iUi ; " ~ I; i . ~ ij " ~.~,. ~k:~ :~~t !1.1 "~,I ;!,,~, '1 '" "j"" 'i "~, , '" ~ 0I!~i: ~ ~,,~ :lo' a~~ ~'I'l' ,I 'I"" ~ II ;>~ ~ ~ .:! 'j! ll~ l!t~ :11~'1 F.. a~.1 /.;4 'I I'll > n~ , 'I; , L;; I i ~"i " ...... ~ Cb[l . ~ I. 'I i I~ ~~(J) ., " :~ .,.n~o":~ ~~gQI;I ~~- .. . :I i1"E~..f~ Hmi~ _o,,-.Q ~1~I'l~ -GO 0 't~g g!t ~.,t~ :I .".. ~ ".....0 "r to ~ ~'-l ..,<:> ~'\:l 2j<:> <:>" '<: ,~ .,," 8 c, ~: -1H '~ ~ !, ~ . r, ,,~ "'~r; ~~'i: '<:",,,, OJ.. ;n n~ ~~<:~ '..: t. ",!i~ ~ "'~ ,.:" '. '\ , " \.1- , , , , . " I " (:<,-. ~~~~ ~~~ ,-~ h1f":_ "', ir~ ~ua~f: "' v ll'~~1' j~i E~~r; ~:~ ~~i~ '11 '~;:t:. ~~ '49 'A r.~ ~n~:; ;lij "'~h_ :~ ~~h~ ~~ ~ ~.< '.C> , -......... I i: " ~ ~ '" , J ~ .~ "",.., ~ ~ t'J .,.' ~: ~ ,. . ; . i~ 1-- ':;, !--":[I 1= II lilli .... ;;;;; ;i!lil iH~ 'Jil '" . "1 ~ i":i'i":/JI iM;~ 1"1.!.I~ tl!Oi'"fOl "'~,!~ _.....-'0 .'.."0 Q;~r,ile: IJN"~..O ;~;~8z ..,,~- 3: ~~~~ f'J .r SJ ,q'n 'I : ~ ~ i j: f.i ~ ~ ~ G;)~ ,...._,~ ,,,,_,~,~" _._.~~_. L, ,...._w .....___ .._.._..... ,; i~ j!cn ., j! :1 , !!1!JjI III Ii III i i i i I I I. e"'""wAX",."" p. '-, t, ... ", ~,-"''": IE ~.~. i~ ~-" iiji'ij iii.1:'" I" .j";,o \;' t" ~ ~,' :1\;: ". "I ~1~"i~'~'1"li,'~ .:~.u;;:......;,. ~ <J ~~~~" 'i !,;~ ';l:~1 !~~~~:;~m;;~wm~ ~Hmm~; ~ "",..",';j~.t:(~ i'I"~~:.j>" -..,,,,,1.,"1:)10"'_ I ' ":~" '~~ """"" i;" ~~~'i\ ( , ,., ii; lillii; : Ii! pi,i . 8," !~'tllq;. :!~ ~~~~~~ 'I ~l'i~! 'H 2'1'~' ~~ ~{!I.!I~ j;, ~ ~ ~. ~ , '" ~ t':~ ;;;'" ~<:) ~'" ,,~ ",t-. 8 .\: ".'::' :'i~ ~i'1 '"<;~ ;:, "'" ~(:i ., L ~. ~~ .. 1-.. .' ~ ~ : e; i. <:N ~ N '\:) .......... ~ fliiii llili II 'Il!! ... if:ll .!/~ ,Pi I i 'J 1J . C :[~ i~ 5w 1J 3: '" . :"j 1J \: z -<-@! ,'.' I '. / SOUTH MILL STREET ~ ! ~ :!! z )> r ~!lllil r;; G> II Ilql '" Ii I! In 6 III I. U !!ll"H!lJIIII;;l~1.'" ~ ~ I" ~ ~ lOT 3, ASPEN MOUNTAIN SUBDIVISION I p U 0 ASPEN, COLORADO .. it :.. m ,~ ~i:" ;l ~il ... :: . IIII~ II 1111I11111111111111111 ~;7~~~:~1 : 46~ SILVIO DOVlS PITKIN COUNTY CO R 3"ee 0 e.e0 t..xh';o} j) ORDINANCE No.7 SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINlUMIZA TION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO LODGE I TOURIST RESIDENTIAL PUD AND CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN SUBDIVISION I PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-85-003 WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain Subdivision I POO (hereinafter "AMPUD"); and WHEREAS, Top of Mill Inyestors, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final POO including Final POO Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Green1ine Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, receiyed Conceptual POO approval from City Council for AMPUD on December 6, 1999 which is memorialized through Resolution No. 93, Series of1999; and WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29,2001 which is memorialized through Resolution No. 50, Series 200 I; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 3 and provided written referral comments as a result of the Deyelopment Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final POO for Lot 3 AMPUD including Final POO Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special ReYiew, Growth Management Quota Exemptions, 8040 GreenIine Review, and Rezoning; and ~ 1111111I111II1111111I1I"11111111n~~~~~:~ i 1 : 4S~ SILVIA OAVIS PITKIN COUNTY CO R 35.00 D 0,00 WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Final PUD Development Plan, Subdivision, Cpndominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring economy of time and clarity; and WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, WHEREAS, uPon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approyal of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of four to one (4 - I), Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Reyiew,and Rezoning for Lot 3 AMPUD; and WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable conditions of approyal formerly contained in Resolution No. 93, Series of 1999 granting ConceptuaI PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series of 200 I granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council hereby allowing this ordinance to supersede those resolutions regarding the conditions of approval as stated herein; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the applicable Municipal Codes as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen I Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council hereby approyes, by a vote offive to zero (5 - 0), a Final PUD Deyelopment Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCn.. AS FOLLOWS: '- lUll 11111111111111111 1111 II 11111 ~ ::~~~~::~ r 1 :46~ SILVIA OAVIS PlTKIN COUNTY CO R 35,00 D 0.00 Section 1 Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and allocated as shown in the matrix below. Parcel I Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel 8 Parcel 9 27,000 square feet of FAR 8,000 square feet of FAR 9,000 square feet of FAR 6,200 square feet of FAR 5,200 square feet of FAR 5,200 square feet ofF AR 6,500 square feet ofF AR 6,500 square feet ofF AR No FAR shall be allocated to this parcel. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUDincluding Final PUD Deyelopment Plan, Subdivision, Condominiumization, Mountain View Plane, Special Reyiew, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of AMPUD is hereby approved with the following conditions: I. The development shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. Regarding the concerns associated with the type of units of the four (4) deed-restricted multi-family housing units on Parcel 2, should it not be possible to change the unit type, Staff recommends the Applicant meet with Housing Authority Staff to maintain the average of the Category 2, but to price one of the three bedroom units between Category I and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a Category 3. 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one of the units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requirements, meet minimum occupancy, not pwn any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 AMPUD within 30 (30) days after recordation of all Final PUD documents. The Applicant may submit building permit applications at the Applicant's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project The Applicant shall be eligible for a Certificate of Occupancy for the free market 1:1111I 111111I111/11111 I1II ~~7~~~ i I : 461 SILVIR ORVIS PITKIN COUNTY CO R 35.00 D 0.00 multi-family units on Parcell only after a Certificate of Occupancy has been issued for the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of Occupancy for an on-site accessory dwelling unit or upon the full payment of the applicable affordable housing impact fee. 5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the AspcnlPitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment-in-Iieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed- restricted units. 7. Since the ''for-sale'' affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's assocmtion shall be established for the affordable housing portion of the development 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium (or planned community) documentation regarding the separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4) "for-sale" affordable housing units to be developed on Parcel 2, shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approyal, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master hpmeowner's association or other homeowner associations established for the free market residences on parcels I and 3 - 8. 9. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right-of- way shall be submitted by the Applicant to the Parks Department fpr approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each parcel prior to the issuance of a building permit for their respective parcels. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the completion of this project. This trail improvement shall meet engineering specifications as defined by the City of Aspen Parks Department including a crusher fines trail surface, a width of four feet, a trail sign located at the entrance of each trail identifying trail name and public access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage. Parks Department requests the applicant field stake the trail. The Applicant shall be required to haye the trail improvement completed and inspected to the satisfaction ofthe Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel ]. II ~ 111I Ilmlllllllllllll ~~~~2 i 1 : 45~ SILVIR DlWIS PITKIN COUNTY CD R 3~.00 C e.00 I I. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium (or planned community) documents, the obligation by the master homeowner's association or Applicant to improve the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improyement of the trail. 12. Pire sprinklers and alann systems shall be installed in all the proposed buildings on Lot 3 as required by the City of Aspen Pire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department The owner of each parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, the Applicant shall submit a fire safety plan for the demolition to be preformed by the Applicant of the existing structures and the construction of the proposed development of Lot 3 to the Engineering Department at the time of building permit application. ]3, The Applicant shall execute a "Line Extension Request" and a "Collection System Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building permit application. In addition, forty percent (40%) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the ACSD all service locations at the station numbers on the final utility plans for this deyelopment prior to building permit application. Additionally, the Applicant shall indicate to the ACSD if main line easements in the ROW are to be dedicated by plat or by description. \'J: IS. The Applicant shall record the' approved condominium (or planned community) subdivision plat for Parcels I, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the Applicant to record the plat within one hundred eighty (I80) days following approyal by the Community Deye]opment Director shall render the plat invalid and a new application and approyal .~ill be required. 16. The Applicant shall record a PUD Agreement and the Pinal PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. 17. The development of the free market single-family dwellings proposed for Parcels 4 _ 8 of AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards t;illlllllllllllllllllllllllllllllllll ~~7~~ ~ 1 : 461 SILVI~ OJ:WlS PITKIN COUNTY CO R 35.00 D f1.0" 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(I, 2,4,5,6,8,9, 10, and I]) thereby prec luding any further review of the same standards as indicated. 18. The owner of each parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The owner of each parcel shall pay the required Park Deyelopment Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the deyelopment of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six-space enclosed parking garage, requiring that the lot remain for parking purposes only as part of the Summit Place Condominiums project. 2 I. It is understood that upon approval of this Final PUD, all remaining residential credits associated with the AMPUD are hereby extinguished. ~The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on ' Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. 23, The Applicant shall work closely with the City of Aspen Engineering Department to ' ensure the access point from Parcel I on Lot 3 adequately provides for a left turn onto South Mill Street. 24. While the development proposal meets virtually all ofthe proposed underlying LITR and Conservation zone districts' dimensional requirements, this Ordinance approves the following modifications of the dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15, I 70 sq. ft. b. Maximum Lot Size for .Parcel4 is 12,278 sq. ft. c. Maximum Lot Size for Parcel 5 is ]0,593 sq. ft. d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft. e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft. r. Maximum Lot Size for Parcel 8 is ]8,756 sq. ft. g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft. h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft. I. Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet I. Minimum Rear Yard Setback for Parcel 9 is 3 feet "-"' 111111111111111111111111 SILVIR DAVIS PITKIN COUNTY CO '""'" 111'466392 Page: 7 Df 7 04/19/2002 11:46~ R 35.00 D 0.00 Section 3 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Aspen City Council, are hereby incorporated in such plan development approyals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity, Section 4 This Ordinance shall not effect any 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 conducted and concluded under such prior ordinances. Section 5 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 6 A public hearing on this Ordinance was held on the 11th day of March at 5:00 pm in the Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City . Council of the City of Aspen on this 2SIh day of February, 2002. .", ~fIH""" .' t. .,., -.f ..,' .. 05,. . ... ~ ' ..... r: ", ' , ~hl'rt_S~ : b, City Clerk '. .FlNALLY: iuitpted, passed and approyed this lllh Day of March, 2002. co( "~' ~~ 0" h. , Attest: ' " , .......'e,; .,' f . ',1'8 e AI" '. ". Approve~,f1s to fonn: ,.~~ '''c ,... . ?'.n o orcestor, City Attorney -, , AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Parcels 4, 7 & 8, Top of Mill SubdivisioPAspen,CO SCHEDULED PUBLIC HEARING DATE: March 14 ,200~ STATE OF COLORADO ) ) 55. County of Pitkin ) I, SliP. r.Rrdner (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ---.L Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ') -..J Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (I5) days prim to tire pu'"' homing 00 'och =~ ~K~ The foregoing "Affidavit of Notice" was acknowledged before me this25thday of February , 200~, by Sue Gardner WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 8/26/06 / 'IY 1017)- 'lZu .fA/I at! Notary Publlt ~ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) ~rOFTHEO~RS~~~~~~~i\L~~E;C;~'~~~~~ ....,-c.................._.._,.___ BY MAIL ._________ ._----- ".m___."_~,..__._......,._._ Jam Free Printing Use'Avery@ TEMPLATE 5160@ " ANDERSON BRUCE J 700 S MONARCH #207 ASPEN, CO 81611-1854 ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRIDGE TIM 300 PUPPY SMITH ST STE 203-225 ASPEN,CO 81611 COLBERT JAMES & ELIZABETH C/O HERITAGE DEVELOPMENT PO BOX 4 MIDLETON CO CORK, IRELAND EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 FAGIEN DEBRA 3863 NW 53RD ST BOCA RATON, FL 33496 FORD WARWICK S & NOLA M 6 ELLERY SQUARE CAMBRIDGE, MA 02138 FRIEDKIN THOMAS H PO BOX 4718 HOUSTON, TX 77210-4718 GOODMAN MARK 700 MONARCH ST#103 ASPEN, CO 81611 @09~S @AUaA'd \!l - - www.avery.com 1-800-GO-AVERY ,-'" APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BAILEY FAMILY INVESTMENT CO 3215 TARRYHOLLOW DR AUSTIN, TX 78703-1638 BIRDMAN DIANE 307 S 21ST AVE HOLLYWOOD, FL 33020 CHILDS INVESTMENT COMPANY 0284 CR 102 1 CARBONDALE, CO 81623 COLE THOMAS H 1647 E MAPLEWOOD AVE CENTENNIAL, CO 80121 'I EDGAR ROBERT G 1 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 FALRIDGE LTD C/O OATES KNEZEVICH & ! I GARDENSWARTZ 533 E HOPKINS AVE ASPEN, CO 81611 FORT BERNARDO & LAURINDA SPEAR 3315 DEVON CT COCONUT GROVE, FL 33133 GARDNER CHARLES L GARDNER RITA WALSH 840 LOCUST AVE WINNETKA, IL 60093 GRIGSBY GEORGE T JR PO BOX 145 HOLLY SPRINGS, NC 27540 AlI3^V-09-008"~ WOJ'N;llle'MMN\ --- - ~ AVERV@ 5160@ " ASPEN MOUNTAIN MINING CORPORATION PO BOX 203 ASPEN, CO 81612 BENNETT WOOD INTERESTS LTD PO DRAWER 1011 REFUGIO, TX 78377 BLEILER JUDITH A PO BOX 10220 ASPEN, CO 81612 CLAYCOMB J BARRY 3157 D PINEHURST DR LAS VEGAS, NV 89109 DUBS DAVID CRAIG 2165 E OCEAN BLVD NEWPORT BEACH, CA 92661 ERICKSON CLAIRE L & BETTY LOU 1231 INDUSTRIAL RD I" HUDSON, WI 54016 'I ! I: I " FINKLE ARTHUR A & AMELIA ! 2655 LE JEUNE RD PENTHOUSE #1 CORAL GABLES, FL 33134 FREEDMAN MICHAEL & NANCI WOLF 32460 EVERGREEN BEVERLY HILLS. MI 48025 GHANEM MICHAEL C/O DOMAIN MOTORS INC 70 SW 10TH 5T DEERFIELD BEACH, FL 33441 GUEST KELLEY & CATHERINE PO BOX 5578 CARMEL, CA 93921 @09~S 3lVldWll ~;lll'lt/ lISn. 6UIlU!.Id _~ wer Jam Free Printing Use Avery@TEMPLATE 5160@ HAGER LOWELL P TRUSTEE C/O ASPEN LODGING CO MGT 747 GALENA ST ASPEN, CO 81611 HEARST BARBARA B & PETER S TRUSTEES & RICHARDS SUSAN TRUSTEE 50% INT 131 TREASURE HILL SOUTH KENT. CT 06785 HILLMAN RICHARD HAYES TRUST 13562 D ESTE DR PACIFIC PALISADES, CA 90272 KERR WAYNE & CATHY 2374 FOOTHILLS DR S GOLDEN, CO 80401 LLOYD ASSOCIATES LAYTON HOUSE, KEW GREEN RICHMOND SURREY ENGLAND lW93AF, MAURER MICHAEL S QPRT 11550 N MERIDIAN ST#115 CARMEL, IN 46032 MICHAUD HOLLY 4.59% INT 314 MARLBOROUGH APT 3 BOSTON, MA 02116 NARDI STEPHEN J PO BOX 641997 CHICAGO,IL 60664-1997 PETROVICH NICK 0 PETROVICH ROSA DEL CARMEN FERNANDEZ C/O FRIAS PROP OA ASPEN-730 E DURANT AVE ASPEN, CO 81611-2072 ROANOKEINVESTORSLP 109 CLUB CREEK CT PO BOX 17 ST ALBANS, MO 63073 @09~S @AUaAV \!l www.avery.com 1-800-GO-AVERY " ,J HALL THOMAS L PERS INCOME & ASSET TRUST 15145 PAWNEE CIRCLE LEAWOOD, KS 66224 - - ......... HEMMETER GEORGE MEAD 1900 MYRTLE ISLAND DR LAS VEGAS, NV 89112 JACOB PROPERTIES OF ASPEN LLC 500 FORD RD MINNEAPOLIS, MN 55426 KWEI THOMAS AND AMY 700 SOUTH MONARCH APT 306 ASPEN, CO 81611 LOVETT WELLS T & MARY M 3035 WYNFIELD MEWS LN LOUISVILLE, KY 40206-1567 MCVICKER JULIET I PO BOX 567 , MIDDLEDURY, VT 05753 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 I OLSEN MARSHALL G & SUSAN A PO BOX 12228 ASPEN, CO 81612 POLLOCK WILLIAM HARRISON PO BOX 2421 ASPEN. CO 81612 ROARING FORK PROPRIETARY LLC 2519 E 21ST ST TULSA, OK 74114 ^1I3^'d-09-00S-~ WOJ',(JaAI!'MMM -=- - ~ AVERY@ 5160@ HARDEN SHEILA 8111 CAMINITO MALLORCA LA JOLLA. CA 92037 HIBBERD LORNA W FAMILY TRUST PINE ISLAND RYE, NY 10580 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 LEASURE BRIAN J 1211 HERITAGE DR CARBONDALE, CO 81623-3147 MACAPA CORP 9465 WILSHIRE BLVD STE 400 , I , BEVERLY HILLS, CA 90212 1 I ,I, 'I MEHRA RAMESH TRUSTEE 3115 WHITE EAGLE DR NAPERVILLE, IL 60564 MURCHISON ANNE A PO BOX 8968 ASPEN, CO 81612 PATRICK GARY R & PATRICIA A 537 MARKET ST STE 202 CHATTANOOGA, TN 37402 REARDON GENE F PO BOX xx ASPEN, CO 81612 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 @09 ~S 3.lVldW3.l ~a^'d asn 6u~U!Jd aaJ~ wer Jam Free Printing " .Use Avery<!ll TEMPLATE 5160$ ROOKE JOAN ELIZABETH POBOX 1035 REFUGIO, TX 78377-1035 SCHAlNUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHIFFMAN ROBIN 700 MONARCH ST #103 ASPEN, CO 81611 SHAW GEORGE W 8.02% INT 525 E 72ND #22C NEW YORK, NY 10021 SMITH CARLETON K CO MCVICKER JULIET PO BOX 567 MIDDLEBURY, VT 05753 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 TOP OF MILL LLC 1001 E CHERRY ST COLUMBIA, MO 65201 WAPITI RUNNING LLC PO BOX 1003 ASPEN, CO 81612 WELCH PATRICK T & DEBORAH P ASPEN LODGING CO 747 S GALENA ST ASPEN, CO 81611 ZIMAND SHERRY 5426 OSPREY ISLE LN ORLANDO, FL 32819 <!Il09~S @A}JaAV \!l - - www.avery.com 1-800-GO-AVERY .''1 ..,. '>~, S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHALDACH NANCY REV TRUST C/O K WOLOSON 1117 S RANCHO DR LAS VEGAS. NV 89102-2216 SCHIMBERG HENRY & LINDA TRUST C/O RACHEL DUGGAN 750 DALRYMPLE RD APT D3 ATLANTA, GA 30328-1432 SHINE FAMILY LLC 8677 LOGO 7 CT INDIANAPOLIS, IN 46219-1430 STANFORD JOHN I C/O LEE MILLER 747 S GALENA ASPEN, CO 81611 SUMMIT PLACE CONDOS C/O PETER S HEARST 747 S GALENA ST ASPEN, CO 81611 VELMAR A COLORADO CORP 400 E MAIN ST ASPEN, CO 81611 WARGASKI ROBERT E TRUST 30353 N DOWELL RD MCHENRY, IL 60050 WHEELER CONNIE CHRISTINE MC CALLlON GERARD 322 E 57 TH ST #3B NEW YORK, NY 10022-2949 ZUCKER HOWARD B & DEBRA L 107 S MCINTYRE WY GOLDEN, CO 80401 AlI3^"-o9"008-~ WO]'AUIAe'MMM - - ~ AVERYCID 5160'" .. SANCHEZ MARIA J & AR JR PO BOX 2986 LAREDO, TX 78044 SCHERER ROBERT P JR 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 SHAW GEORGE G 87.39% INT 145 HUMBOLDT ST DENVER, CO 80218-3931 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR , INDIANAPOLIS, IN 46260-1778 STEWART STANLEY & RITA J TRUSTEES 747 S GALENA ST ASPEN, CO 81611-1872 TOP OF MILL INVESTORS LLC , 1000 S MILL ST , ASPEN, CO 81611-3800 WALDE WILLIAM L 6501 GOLD LEAF DR BETHESDA, MD 20817 WEIGAND N R 150 N MARKET ST WICHITA, KS 67202 WILSON CHARLES J 2572 NE MILDRED ST JENSEN BEACH, FL 34957 <!Il09~S 3lYldW3l t/oJIA" ISO &U!lU!Jcl-~ wer . .,# ,~ """' -.....I PUBLIC HEARING NOTICE RE: EXEMPTION FROM EXPIRATION OF VESTED RIGHTS PARCELS 4, 7 & 8, TOP OF MILL SUBDIVISION (THE "PARCELS"), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 4 AS RECEPTION NO. 471099 OF THE PITKIN COUNTY RECORDS. NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen City Council at a meeting beginning at 5:00p.m: on Monday, March 14, 2005, at City Hall, 130 South Galena Street, Aspen, Colorado. The purpose of the hearing is to consider a request for an exemption from the expiration of vested rights pursuant to Section 26.308.010B1, City of Aspen Municipal Code, for the properties known and described as Parcels 4, 7 & 8, Top of Mill Subdivision (the "Parcels"), according to the plat thereof recorded in Plat Book 62 at Page 4 as Reception No. 471099 of the Pitkin County Records. The names and addresses of the applicants are as follows: The owner of Parcel 4 is Parcel 4 Top of Mill, LLC, a Colorado limited liability company. The owner of Parcel 7 is JP Interests, LLC, a Delaware limited liability company. The owners of Parcel 8 are LPRP River, LLC, and LPRP Mill, LLC, both Colorado limited liability companies. The address for all owners of the Parcels is care of: Klein, Cote & Edwards, P.C., 201 North Mill Street, Ste. 203, Aspen, CO 81611. For further information contact Joyce Allgaier, Aspen Community Development Department at 130 South Galena Street, Aspen, CO 81611,970-429-2757 (or by email at joycea@ci.aspen.co.us). All affected parties may present comments and eyidence pertinent to the proposal. 01 , ~ .... ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Parcels 4, 7 & 8, Top of Mill Subdi visiqIj\spen, CO SCHEDULED PUBLIC HEARING DATE: March 14 2005 , - STATE OF COLORADO ) ) ss. County of Pitkiu ) I, Joseph E. Edwards, III (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Deyelopment Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) I ~. ,.... " ....... .r Rezoning or text amendment. Wheneyer the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text ofthis Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ITNESS MY HAND AND OFFICIAL SEAL y co ~ission expifel;: I ./ ATTACHMENTS: CCOPYOFTHEPuiiicATION ~ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 12"'The'Aspen Times. Sunday, February 27, 200S ... The Nation For Bush, a long embrace of Social Security plan By Richard W. Stevenson The New York Times WASHINGTON - The conservative economists and public policy experts who trooped in to brief George W. Bush on Social Security not long after he was re- elected governor of Texas in 1998 came with their own ideas about how to overhaul the retirement program. But they quickly found that Bush, who was well into prepa-. rations for his first presidential race and had invited them to Austin for the discussion, already knew where he was headed. "He never said, 'What should I do about Social Security?'" said one of the partici- pants in ~e meeting, Martin Anderson, who had been a domestic policy adviser in the Reagan administration. "On the day we talked about Social Security, he said, 'We have to find a way to allow people to invest a percentage of their payroll tax in the capi- ta! markets. What do you think?" Bush had long been intrigued by the idea of allowing workers to put part of their Sociid Security taxes into stocks and bonds. One Tuesday in the summer of 1978, in the heat of his unsuccessful race for a House seat from West Texas, Bush went to the Midland Country Gub to give a campaign speech to local real estate agents and dis- cussed the issue in tenns not much different from those he uses now. Social Security "will be bust in to years unless there are some changes," he said, according to an account published the next day in The Midland Reporter- Telegram. "The ideal solution would be for Social Security to be made sound and people gi ven the chance to invest the money the way they fee!." Two decades later, Bush's desire to change Social Security intersected with th~ promotion of private accounts by well-financed interest groups and conser. vative research organizations, which viewed the concept as innovative if ideo- logically explosive. What was once a fringe proposal has been propelled to the forefront of the national agenda in one of the biggest gam- bles of Bush's political career, and in one of the most concerted challenges since the New Deal to liberal. assumptions about the relationship of individuals, the government and the market. Bush has told aides that he cannot remember precisely when he was intro- duced to the idea of individual investing as part of Social Security, and until he ran for president he did not have a high proftIe on the issue. But he comes from a family with deep roots on Wall Street; his great-grandfa- ther founded an investment bank, and his grandfather later ran Brown Brothers Harri- man, one of the most prominent firms in the worid of finance. His early political education included exposure to the ideas of Sen. Barry Gold. water, the conservative standard~bearer who in 1964 was among the fIrst Repub- licans to make a national issue of private investing as an alternative to traditional Social Security, and Ronald Reagan, who also took up the idea. In Texas, before and during his years as governor, aides say, Bush learned about counties that had opted out of Social Security under an old federal pro- vision and instead offered their employ~ ees investment accounts. As governor, his involvement in issues relating to Latin America piqued his interest in Chile's retirement system, which gave workers the chance to invest and became a prototype for other nations. As he prepared to run for president, Bush sought the opinions of people who shared his belief in private accounts. including Edward H. Crane, the president of the Cato Institute, a libertarian. research organization; Jose Pinera, the architect of the Chilea.i1 system; and even a Swedish official who helped revamp his nation's retirement program. GOP wearied byfight to change Social Security - _.. __-0 ^_. .....___ ~----''':_- .~ tb<o "..........-l;"~ --.- -..,'l;..~<l ;n PUBLIC HEARING NOTICE RE: EXEMPTION FROM EXPIRATION OF VESTED RIGHTS PARCELS 4, 7 & 8, TOP OF MIU SUBDIVISION (THE '1'ARCEl.S1. ACCORDING TO 7HE PLAT THEREOF RECORDED IN PlAT BOOK 62 AT PAGE 4 AS RECEPTION NO. 471 D99 OF THE PITKIN CO\JNTY RECORDS. NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen City Council at a meeting beginning at 5:00p.m. on Monday, March 14, 2005, at City Hall, 130 South Galena Street, Aspen, Colorado. TIle purpose of the hearing Is to consider a request for an exemption from the expiration of vested rights pursuant to Sectlon 26.308.01081, City of Aspen Municipal Code, for the properties known and described as Parcels 4, 7 & 8, Top of Mill Subdivision (the 'Parcels'), according to the plat thereof recorded in Plat Book 62 at Page 4 as Reception No. 471099 of the Pitkin County Records. The names and addresses of the applicants are as follows: The owner of Parcet 41s Parcel 4 Top of Mill, llC, a Colorado limited liability company. The owner of Parcel 7 is JP Interests, llC, a Delaware limited liability company. TIle owners of Parcel 8 are lPRP River, llC, and lPRP Mill; llC, both COlorado,lImited liability companies. The address for all owners of the Parcels is care of: Klein, Cote & Edwards, P.C., 201 North Mill Street. St.. 203. Asp.n, CO 81611. For further information contact Joyce Allgaier, Aspen Community Development Department at 130 SOuth Galena Street, Aspen. CO 81611. 970-429-2757 (or by emall at joycea@ci.aspen.co.us). All affected parties may present comments and evidence pertinent to the proposal. -' , r-, '-..... -- ,..-" AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Parcels 7 & 8, Top of Mill Subdi visio:\lAspen, CO SCHEDULED PUBLIC HEAJRING DATE: March 14 ,200~ STATE OF COLORADO ) ) ss, County of Pitkin ) I, Herbert S. Klein (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) of the Aspen Land Use Code in the following manner: _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ----X- Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 27tJday of February , 200~ to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ",-...... -., " .- Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of mimes and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days priM to "" pobli, b=fig 00 ~h =# - 1/ Signature WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COPY OF mE PUBLICATION (fHOTOGRAPH OF THE POSTED NOTICE (SIGJliO LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r-- ......, ..- ,-, '1figl I t'" >'" " " " AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:Parcel 4, Top of Mill Subdi visioll, Aspen, CO SCHEDULED PUBLIC HEARING DATE: March 14 ,200L STATE OF COLORADO ) ) ss. County of Pitkin ) I, Herbert S. Klein (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code in the following manner: _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Cornmunity Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the27thday of Fehrll"ry , 200...L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Cornmunity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ,. ""''' ~.1 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of mimes and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hourJ1'or fifteen (15) days prior to the public hearing on such amendments. // ) ~.,,'~ '\/'/ ~ Signature of Februar The foregoing "Mfidavit of Notice" was acknowledged before me this28thday Herbert S. Klein WITNESS MY HAND AND OFFICIAL SEAL Myc Notary Public ATTACHMENTS: COPY OF THE PUBLICATION (fiiOTOGRAPH OF THE POSTED NOTICE (SiGN]) LIST OF TIlE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL " "...,.. " ,; :) LI ,,-. "-' '"" "'" c '..... / i March 4, 2005 Chris Lee pitkin County Community Development 130 S. Galena Sl. Aspen, CO 816\ \ Re: Consent to Process Land Use Application- Exemption from Expiration ofYested Rights Parcel 4, Top of Mill Subdivision Dear Chris: This letter authorizes the law firm KLEIN. COTE & EDWARDS, P .C. to process an application fnr exemption from expiration ohested rights for Parcel 4, Top of Mill SubdivisionlPUD. Sincerely, ~- // / -';fMiII, LLC // \...--'...... , / :) March 4, 2005 Chris Lee City of Aspen Community Development 130 S, Galena St. Aspen, CO 81611 Re: Consent to Process Land Use Application - Exemption from Expiration of V esled Rights Parcel 7, Top of Mill Subdivision Dear Chris: This letter authorizes the law finn KLEIN, COTE & EDWARDS, P,C. to process an application for exemption from expiration of vested rights for Parcel 7, Top of Mill SuhdivisionlPllD Sincerely, lP Interests, LLC By u~~. ;J./J!u. . 1r''''lJf M.n'!l"f """' " ./ March 4, 2005 Chris Lee City of Aspen Community Development 130 S. Galena St. Aspen, CO 81611 Re: Consent to Process Land Use Application- Exemption from Expiration of Vested Rights Parcel 8, Top of Mill Subdivision Dear Chris: This letter authorizes the law firm KLEIN, COTE & EDWARDS, P.C. to process an application for exemption from expiration of vested rights for Parcel 8, Top of Mill SubdivisionIPUD. Sincerely, LPRP River, LLC LPRP Mill, LLC 7 // By: '7f----r..-- Herbert S. Klein, Manager By: ~/~ Herbert . K1em, Manager l..-. ,"" ' " '" I KLEIN, COTE & EDWARDS, P.c. I A TIORNEYS AT LAW HERBERT S. KLEIN LANCE R. COTE, PC' JOSEPH E. EDWARDS. 1IJ.ll.C MADHU B. KIUSHNAMUUTl hsk@.kcelaw.net lrc@.kcelaw.net jee@kcelaw.net mbk@k"ct..w.n<>j 201 NORlH MIll. STREET. STE. 203 ASPEN, COWRADO 816] 1 TELEPHONE: (970) 925-8700 FACSlMlLE. (970) 925-3977 ".ho6dmilledinCaJifurnia February 17,2005 Chris Lee City of Aspen Community Development Department 130 South Galena St. Aspen, CO 81611 Re: Parcels 4, 7 & 8, Top of Mill Subdivision; Exemption from Expiration of Vested Rights Dear Chris: The rea.on that the owners of Parcels 4, 7 & 8, Top of Mill Subdivision are seeking exemption from expiration of vested rights is that we have been informed that the City is considering changes to the L/TR zone district, which is the underlying zone district for this PUD. Also, the statutory vested rights are currently scheduled to expire in March of this year. Please let me know if you have any additional questions. Sincerely, KLEIN, COTE & EDWARDS, P.C. S -, // '"\L ~;t. \11cc.doc .. EXECUTION COPY SUBDIVISION/PUD AGREEMENT FOR TOP OF MILL SUBDlVISIONIPUD THIS SUBDIVISION/PUD AGREEMENT ("Agreement") is made and entered this /J/4 day of August 2002, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City") and TOP OF MILL INVESTORS, LLC, a Delaware limited liability company ("TOMI"). RECITALS WHEREAS, the City and Savanah Limited Partnership, a Delaware limited partnership ("Savanah''), are parties to that certain First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision ("First Amended PUD Agreement") dated October 3, 1988 and recorded in the records of Pitkin County, Colorado, on October 3, 1988 in Book 574 at Page 792, as the same has been amended as hereinafter more particularly set forth; and WHEREAS, on January I 1,2001 TOMI acquired from Savanah certain real property situated within the Aspen Mountain Subdivision, which real property is also situated within the municipal boundaries of the City known as Lot 3, First Amended Plat Aspen Mountain Subdivision and PIanned Unit Development, according to the Plat thereoffUed October 3, 1988 in Plat Book 21 at Page 35 ("Top of Mill"); and WHEREAS, the First Amended PUD Agreement directs that at such time as Top of Mill receives final PUD development approval, a PUD Agreement shalI be executed by the parties setting forth such final approya1s and incorporating all conditions and assurances that may be reasonably required by the City in connection therewith; and WHEREAS, TOMI has submitted to the City an Application for Final PUD Development Plan ApproYal (the "Application") pursuant to the June 1996 reprint of Title 26, Land Use Regulations of the 1995 Aspen Municipal Code (the "1996 Code'') including approval, execution and recordation of a Final Plat for Top of Mill (the "Final Plat"); and WHEREAS, the City has fully considered the Application and the Final Plat, the proposed development and improvement of Top of Mill contained therein, and the effects of the proposed deyelopment and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public welfare; and 38181-16 ~IIUllllnll/UlIIIIIIIIIIIII =;~l/~~;! :~:27F SILVIA DAVIS PITKIN COUNTY CO R 235." D 0.00 .....'., . EXECUTION COPY WHEREAS, TOM! is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Application and the Final Plat; and WHEREAS, under the authority of Sections 26.84.040(C and D) and 26.88.050(C and D) of the 1996 Code, the City is entitled to certain financial guarantees to ensure that (i) the required public facilities are installed and (ii) the required landscaping is installed and maintained, and TOM! is prepared to provide such guarantees as hereinafter set forth. NOW, TIIEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the approval, execution and acceptance of the Final Plat for recordation by the City, and for other good and yaluable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 PURPOSE AND EFFECf OF AGREEMENT I.I Prior Amendments to the First Amended PUD Agreement. The parties acknowledge and agree that the First Amended PUD Agreement has previously been amended by the following, which shall hereinafter be collectively referred to as the "Section M Amendments": (a) June 1990 Section M Amendment. (b) June 1991 Section M Amendment. (c) August 1992 Section M Amendment. (d) October 1992 Section M Amendment. (e) February 1993 Section M Amendment. (f) June 1995 Section M Amendment (Ordinance No, 33-95). (g) May 1998 Section M Amendment (Ordinance No. 8-98). (h) September 1999 Section M Amendment (Ordinance No. 38-99). (i) December 2000 Section M Amendment (Ordinance No. 53-00). 0) June 2002 Section M Amendment (Ordinance No. 15-02). 38181-]6 2 1111111I11111I11111 ~ ~I ~;~:1~:!:~: m SILVIO DOVIS PITKIN COUNTY CO ~ Zi5.ee D e.ee EXECUTION COPY 1.2 Purpose of this Agreement. This Agreement is executed by the parties in accordance with the requirements of the First Amended PUD Agreement, as amended by the Section M Amendments, that a new PUD Agreement be executed at the time offmal deyelopment approval for Top of Mill. The purpose of this Agreement is to set forth the complete and comprehensiye agreement between the parties with respect to the deyelopment that has been approved for Top of Mill and to enumerate all tenns and conditions under which such development may occur. The effect of this Agreement is to tenninate, supersede and replace all provisions of the First Amended PUD Agreement and the Section M Amendments, which relate in any manner to Top of Mil 1. In the event of any inconsistency between the provisions of this Agreement and the provisions of the First Amended PUD Agreement, as amended by the Section M Amendments, the provisions of this Agreement shall control. Nothing in this Agreement modifies, revokes, amends or affects any provision of the First Amended PUD Agreement, as amended by the Section M Amendments, which relates to Lot 1, 2, 4, 5 or 6 of the Aspen Mountain SubdivisionIPUD, unless expressly revoked or modified hereby. All provisions of the First Amended PUD Agreement, as amended by the Section M Amendments, which relate to Lots 1,2,4,5 and 6 of the Aspen Mountain SubdivisionIPUD, shalI remain in full force and effect, except to the extent they may be otherwise amended. ARTICLE 2 DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Zoning and Regulatory Approvals. (a) Resolution and Ordinance of Approval. Conceptual PUD deyelopment plan approval for Top of Mill was granted by the Aspen City Council in Resolution No. 99-93, approyed and adopted on December 6, 1999. By adoption of Resolution No. 0 I-50, adopted on May 29, 2001, the Aspen City Council granted amended conceptual PUD Deyelopment Plan approval for Top of Mill, which is to be subdivided into eight (8) deyelopment parcels, two (2) open space parcels and a parcel of approximately 2,745 square feet containing an existing parking garage ("Parcel 9") for the benefit of Lot 2, Aspen Mountain SubdivisionIPUD, known as the Summit Place Condominiums. By adoption of Ordinance No.7, Series of2002, adopted on March 11,2002 and recorded April 19, 2002 as Reception No. 466392 ("Ordinance No.7"), the Aspen City Council granted Final PUD Development Plan and Subdivision Approval for Top of Mill. Ordinance No.7 also granted (i) a growth management quota system exemption for the affordable housing units to be constructed on Parcel 2, Top of Mill; (ii) rezoning of that portion of Top of Mill preyiously zoned R-15 (PUD) (L), Moderate-Density Residential, Planned Unit Development, Lodge Overlay and a portion of Top of Mill zoned C, Conservation to urn. (PUD), Lodge!Tourist Residential, Planned Unit Development; (iii) Condominiumization, Mountain Viev\' Plane, Special Review, and 8040 Greeniine Review; and (iy) approval to construct an Accessory Dwelling Unit ("ADU") on Parcel 3 of Top of Mill. The exterior boundaries of the eight (8) deyelopment parcels, two (2) open space parcels and Parcel 9 are depicted on the Final Plat for Top of Mill which will be recorded contemporaneously with this Agreement. The Final Plat for Top of Mill also depicts the allowed building set backs within the eight (8) 38]81-16 3 1111111I ~III ~ 11II11111I II ~~~l/~~:!:~ :27F SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 ,-- '" EXECUTION COpy development parcels. TOMI shall convey Parcel 9 to the Summit Place Condominium owners association immediately after the Final Plat for Top of Mill is recorded and, upon such conveyance, Parcel 9 shall not be covered by, or subject to this Agreement except as set forth in Paragraphs 2.1 (b Xii) and (iii) and 2.2(hh) below. The instrument by which TOMI conveys Parcel 9 shall contain a restriction to ensure that Parcel 9 will always serve to provide parking for the benefit of Lot 2, Aspen Mountain Subdivision and that development on Parcel 9 shall be limited to the existing garage and trash storage structures or any replacement thereof. Pursuant to Section 26.304.060.B of the April 2000 reprint of Title 26, Land Use Regulations of the 1995 Aspen Municipal Code, the Community Development Director, in consultation with TOMI, permitted and directed a modification in review procedures to combine Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plan, Special Review, GMQS Exemption, 8040 Greenline Review and Rezoning Review forthe purposes of ensuring economy of time and clarity. This Agreement incorporates all the provisions of Ordinance No.7. To the extent of any conflict between the tenns of this Agreement and the provisions of Ordinance No.7, this Agreement shall govern and control. (b) PUD Variations. Pursuant to Ordinance No.7, the Aspen City Council approved the following variations in the dimensional requirements of the UIR, LodgeITourist Residential and C, Conservation zone districts: (i) Maximum Lot Size. An increase in the maximum lot size for single family and duplex dwelling units. The size of Parcels 3, 4, 5, 6, 7 and 8 shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreement. (ii) Minimum Lot Size. A reduction in the minimum lot size requirement. The size of Parcel 9 and Open Space Parcel B shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreement. (iii) Minimum Setbacks. A reduction in the minimum setback requirements. The front, side and rear yard setbacks on Parcel 9 shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreement. (c) Parking, 8040 Greenline and Mountain Viewplane Approval. Pursuant to Ordinance 7, the Aspen City Council granted (i) special review approval of the off-street parking requirements for the affordable housing units approved for deyelopment on Parcel 2, Top of Mill, (ii) 8040 greenline approval for Parcels I, 2 and 3, Top of Mill and (iii) mountain yiewplane approval for all development parcels on the Top of Mill. The development of the free market single-family dwellings proposed for Parcels 4 _ 8 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to reyiew standards 26,68.030 (C)(3) and 26.68.030 38181-16 4 IIIIJIIIIIJ 11111 JIll ~IIIII~IIIIIIIIIIIIIIIIIIIIII ~;;ll;~:!:; :27F SI~VI~ DAVIS PITKIN COUNTY CO R Z3~.0e D 0.00 , '1 ,J ~. EXECUTION COPY (C)(7) of the 1996 Code. Ordinance No.7 approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26,68.030 (C)(I, 2, 4, 5, 6, 8, 9, 10, and 11) of the 1996 Code thereby precluding any further review of such standards. (d) Vested Rights. In accordance with the requirements ofC.RS. 24-68-103(b) a properly noticed public hearing concerning the establishment of vested property rights for Top of Mill was conducted on March 11,2002. As authorized by C.RS. 24-68-102(4)(a), City and TOM! hereby agree that the Final Plat, the Top of Mill Final POO Deyeloprnent Plan and all other documents recorded contemporaneously therewith, collectively constitute the site specific development plan as used in Article 68, Title 24, CRS., for Top of Mill. In accordance with applicable provisions of Ordinance No.7, Series of 2001, the City has granted vested property rights for a period of three (3) years from the date of approval of Ordinance No.7, for the deyelopment of Top of Mill in accordance with the documents which are herein agreed to constitute the site specific development plan for Top of Mill. 2.2 Development Approvals. Top of Mill has been approved for subdivision into eight (8) development parcels, identified on the Final Plat and throughout this Agreement as Parcels 1, 2, 3,4,5,6,7 and 8, two (2) open space parcels which are identified as Open Space Parcels A and B on the Final Plat, and Parcel 9 which is identified as Parcel 9 on the Final Plat. The eight (8) development parcels on Top of Mill may be deyeloped as follows: (a) Development on Parcell. Approval is hereby granted for the development of six (6) free market, four-bedroom, multi-family townhouse units on Parcel I. Such units shall be contained in two (2) separate triplex Structures. Each individual townhouse unit shall contain no more than 4,500 square feet of floor area. Deyelopment on Parcel I is limited to a maximum allowable floor area of27,OOO sqUlll'e feet. TOM! shall further subdivide Parcell by the creation of a common interest community. Prior to the conyeyance of any interest in Parcel I, a common interest community plat for either a condominium or planned community (as detennined by TOMI) shall be duly recorded. TOM! shall record the approved condominium (or planned community) subdivision plat for Parcel I in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days ofits approYal by the Community Development Director. !froM! fails to record the approved plat within one hundred eighty (180) days following approval by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community Deyelopment Director for approval. (b) Development on Parcel 2. ApproYal is hereby granted for the development of four (4) affordable housing units on Parcel 2. Such units shall be contained within a single multifamily Structure. Three (3) of said units shall be three-bedroom units, each having no less than 1550 square feet of net livable area and the fourth unit shall be a four-bedroom unit having no less than ] 870 square feet of net livable area; provided, however, that the actual amount of net livable area in each unit shall be determined at the time of building permit application. Development on Parcel 2 is limited to a maximum allowable floor area of8,000 square feet. TOM! shall further subdivide Parcel 2 by the creation of a c,ommon interest 38181-16 5 1111111I11111I11111111 ::~;:~~;!:~: 27F SILVIA DAVIS PITKIN COUN"TY CO R 235.00 D 0.00 ,.~ --- ......./ .~' EXECUTION COpy community. Prior to the conveyance of any interest in Parcel 2, a common interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the approved condominium (or planned community) subdivision plat for Parcel 2 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (I80) days of its approval by the Community Deyelopment Director. If TOMI fails to record the approved plat within one hundred eighty (180) days following approyal by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community Deyelopment Director for approval. The affordable housing units to be developed on Parcel 2 shall comply with all representations made by TOMI in connection with the Application and comply with the deed restrictions administered by APCHA. A master owner's association for Top of Mill to be known as "Top of Mill Master Association", or such other name detennined by TOM! (the "Master Association") will be fonned as a master association to exercise the functions set forth in the Master Declaration of Protective Coyenants of Top of Mill (the "Master Declaration") and to own, lease, hold, operate, care for and manage certain property for the common benefit of owners of the Parcels within Top of Mill. A separate owners association shall be created for the affordable housing units on Parcel 2, which shall participate in, and be subject to the Master Association and Master Declaration. The Master Declaration shall provide that all annual and special assessments under the Master Declaration shall be allocated 1/l7lh to each of the four (4) affordable housing units on Parcel 2, and that until such time as the units are constructed, Parcel 2 shall be allocated 41l7dl of all annual and special assessments. In addition, there will be a separate assessment for maintenance, repair, replacement or improyements to Top of Mill Street (the private road shown on the Final Plat) and the sidewalks within Top of Mill (the "Private Road Assessment"). Six percent (6%) of the Private Road Assessment shall be allocated to Parcel 2 (i.e., 1.5% per unit for each of the four (4) affordable housing unitS on Parcel 2). Notwithstanding the foregoing allocations, the Master Declaration shall provide that annual and special assessments and Private Road Assessments against any affordable housing unit on Parcel 2 shall not exceed one thousand dollars ($1000.00) per unit per year. 38181-16 (i) Affordabilitv of Parcel 2 Units. The four (4) affordable housing units approved for development on Parcel 2 completely satisfy all requirements of the City's Multifamily Housing Replacement Program with respect to the demolition of multi-family dwelling units on all of (i.e., Lots I, 2, 3, 4, 5 and 6) the Aspen Mountain SubdiyisionIPUD. TOMJ shall meet with APCHA to maintain the average price of the of the four (4) affordable housing units approved for development on Parcel 2 to APCHA Category 2, but to price one pfthe three bedroom units shall be priced between Category I and 2, and the price of the 4-bedroom unit shall be between Category 2 and 3, but marketed and sold as a Category 3 unit. Three of the four units on Parcel 2 shall be distributed and sold under the general lottery through APCHA. TOMI shall be able to choose a buyer for one of the units (and designate the unit to be purchased). However, the buyer chosen by TOM! must be a fully qualified employee under the category for the unit chosen; i.e., the potential buyer 6 \ III \ 1111111111 \ 11\ \ 1\ \\11111 \ 111111\ 11\\\ ~L e~:;~1~~~t:~: 27F SILYIA DAYIS PITKtN COUNTY co R 'j ~ EXECUTION COPY must meet income and asset requirements, meet minimum occupancy requirements, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the previous four years. At the time a Certificate of Occupancy is issued for any affordable housing unit constructed on Parcel 2, APCHA shall have the right to conduct a site visit. (c) Development on Parcel 3. Approyal is hereby granted for the development of two (2) free market dwelling units on Parcel 3. Such units shall be contained within one (I) duplex structure. Each dwelling unit within the duplex structure may contain a maximum of four bedrooms and no more than 4,500 square feet of floor area. Development on Parcel 3 is limited to a maximum allowable floor area of 9,000 square feet. TOM! shall further subdivide Parcel 3 by the creation of a common interest community. Prior to the conveyance of any interest in Parcel 3, a common interest community plat for either a condominium or planned community (as determined by TOM!) shall be duly recorded. TOM! shall record the approved condominium (or planned community) subdivision plat for Parcel 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (I 80) days of its approval by the Community Development Director. If TOM! fails to record the approved plat within one hundred eighty (180) days following approyal by the Community Development Director, the plat shall be inyalid and TOM! shall be required to submit a new plat to the Community Development Director for approval. (i) Accessorv Dwellinl! Unit on Parcel 3. One (I) of the units within the duplex structure approved for deyelopment on Parcel 3 shall contain an ADD or the owner of Parcel 3, at its election, shall make a cash in lieu payment thereof. The ADU shall be deed restricted and constructed in accordance with the City's ADD regulations under the 1996 Code. At the time a Certificate of Occupancy is issued for the ADD, APCHA shall haye the right to conduct a site visit. If the owner of parcel 3 elects not to construct the ADD, a cash in lieu payment shall be made in accordance with the City's ADU regulations in effect at the time of building permit issuance. (d) Development on Parcel 4. ApproYal is hereby granted for the development of one (I) detached, free market single family residence on Parcel 4. Development on Parcel 4 is limited to a maximum allowable floor area of 6,200 square feet, which shall include the ADD if constructed at the owner's election under Section 2.2(i), below. (e) Development on Parcel 5. Approval is hereby granted for the deyelopment of one (I) detached, free market single family residence on ParcelS. Development on ParcelS is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADD if constructed at the owner's election under Section 2.2(i), below. (f) Development on Parcel 6. Approval is hereby granted for the development of one (I) detached, free market single family residence on Parcel 6. Development on Parcel 6 38181-16 7 I l\l\\\ \l~\ \l1'1' 1\"1 11'\ I\'~I \\"1 \11 "III I'~ ~ll,J:~~:~~~0:~ :27, SILVIA DAVIS PITKIN COUNTY CO .-."''\ ~' EXECUTION COPY is limited to a maximum allowable floor area of 5,200 square feet, which shall include the APU if constructed at the owner's election under Section 2.2(i), below. (g) Development on Parcel 7. Approval is hereby granted for the development of one (I) detached, free market single family residence on Parcel 7. Development on Parcel 7 is limited to a maximum allowable floor area of 6,500 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. (h) Development on Parcel 8. ApproYal is hereby granted for the development of one (I) detached, free market single family residence on Parcel 8. Development on Parcel 8 is limited to a maximum allowable floor area of 6,500 square feet, which shall include the ADU if constructed at the o~er's election under Section 2.2(i), below. (i) Accessory Dwelling Units on Parcels 4, 5, 6, 7 and 8. Each of the single family detached units approyed for construction on Parcels 4, 5, 6, 7 and 8 shall contain an ADU, or the owner of each Parcel, at his election, shall make a cash in lieu payment thereof, The decision whether to construct an ADU or make a cash in lieu payment may be made on a parcel-by-parcel basis. If an ADU is constructed, it shall be approved, deed restricted and in eyery other respect constructed in accordance with the City's ADU regulations in effect at the time of building permit application for each structure. If a cash in lieu payment is made, it shall be made in accordance with the City's ADU regulations in effect at the time of issuance of the applicable building permit If an ADU is constructed on any Parcel, at the time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to conduct a site yisit. (j) Exemptionfrom GMQS. The thirteen (13) free market units approYed for development on Top of Mill as hereinabove described are exempt from the City's growth management quota system as the development rights for such units are derived from the 47 residential development rights held by TOM! under theJ,irst Am~nd~.flIDAgreement. TOM!' s construction of the four (4) deed restricted affordable housing units on Parcel 2 and the six (6) ADU's on Parcels 3-8 (or payment of cash in lieu thereof from the owners of Parcels 3-8), shall constitute compliance with all applicable City regulations with respect to the demolition and reconstruction of existing single family, duplex and multi-family residential units on all of (i.e., Lots I, 2, 3, 4, 5 and 6) the Aspen Mountain Subdhdsion/PUD. No further affordable housing shall be required in connection with the development of Top of Mill as approved in this Agreement It is understood that upon recording of this Agreement and recording of the Subdivision/PUD Agreement for Lot 5, Aspen Mountain Subdivision/PUD, no residential credits associated with the Aspen Mountain Subdi vision/PUD will remain (it being understood that all remaining residential credits associated with the Aspen Mountain Subdivision/PUD will have been used in Connection with Top of Mill and said Lot 5, Aspen Mountain SubdivisionPUD). 38181.16 8 1IIIRt"'1I1 ~:~~ :;,m R 235,08 D e.ee , "..... ) , ./ ",". ~' EXECUTION COpy (k) Calculation of Floor Area. The calculation of allowable floor area for all structures and units approved for development on Top of Mill shall be made in accordance with the City's floor area regulations in effect at the time of the building permit application for each particular structure; provided, however, the maximum allowable floor areas set forth in this Agreement shall not be reduced (i.e., all required adjustments for calculating allowable floor area, such as steep slopes, easements, etc., have already been considered in detennining the floor areas set forth in this Agreement). (I) Parking. A minimum of twelye (12) off-street parking spaces shall be proyided on Parcell; eight (8) off-street parking spaces shall be provided on Parcel 2; four (4) off-street parking spaces shall be proyided on Parcel 3; and two (2) off-street parking spaces shall be provided on each of Parcels 4 - 8. (m) Common Access Driveway, Access Road and Sidewalk, Curb and Gutter. (i) Common Access Drivewav. Vehicular access to the townhouse 1.mits on Parcel I shall be from a common driveway from Mill Street. rOMI shall be responsible to construct the Parcel I common driveway in connection with the construction of any improvement on Parcel I. After completion of construction of the common driyeway, all costs associated with the maintenance and repair, including snowplowing, of the common driveway shall be paid by the owners of the units located on Parcell. (ii) Access Road. Vehicular access to Parcels 2 through 8 shaI1 be from a private road, identified on the Final Plat as "Top of Mill Street", to be extended from the existing tenninus of South Mill Street. TOMI has dedicated on the Final Plat, for the benefit of owners of Parcels 2 through 8, their guests and invitees, a perpetual non-exclusive easement for all ingress and egress purposes upon Top of Mill Street. rOMI shall be responsible for the construction of Top of Mill Street as a subdivision improvement in accordance with Section 2.3 of this Agreement. After completion of said construction, all costs associated with the maintenance and repair, including snowplowing, of Top of Mill Street, shall be paid by owners of Parcels 2 through 8, (iii) Sidewalk. Curb and Gutter. TOMI shall install a sidewalk along the west side of Mill Street between Summit Street and the entrance to Top of Mill Street. TOMI shall install a curb and gutter on the west side of Mill Street adjacent to Parcell and along Top of Mill Street. Such improvements shall be installed as subdivision improvements in accordance with Section 2.3 of this Agreement and as shown on the Final PUD Development Plan for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement. (n) Utilities. TOM! shall install all utilities shown on the Schematic Utility Plan for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement. 38181-16 9 il.ll.l."111 ~;~~:;,. R 23B.00 0 e.ee r :) ........~, EXECUTION COPY All such utilities shall be installed as subdivision improvements in accordance with Section 2.3 of this Agreement. TOMI shall be required to show to the Aspen Consolidated Sanitation District ("ACSD") all service locations at the station numbers on the final utility plans for Top of Mill prior to building permit application. Additionally, TOMI shall indicate to the ACSD if main line easements within any City rights-of-way are to be dedicated by plat or by description. In addition, TOMI shall execute a "Line Extension Request" and a "Collection System Agreement" with ACSD prior to building permit application. Unless otherwise agreed to by TOMI and ACSD: (i) forty percent (40%) of the estimated total connection fees must be paid by rOMI to ACSD at the time service lines are stubbed off the main line into the specific Parcels of Top of Mill and (ii) the remaining balance of the connection fees shall be paid by the owner of the Parcel at the time service is established to such owner's Parcel. (0) Landscaping. TOMI shall install and otherwise implement all landscaping for Parcels 1,2,3 and Open Space Parcel A depicted on the approyed Landscape Plan, which is to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for Parcels 4-8 shall be the responsibility of the respectiye owners of those Parcels. (P) Trail Easements. 38181-16 (i) Tpp of Mill Trail. The Final Plat yacates the Top of Mill Trail Easement as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit DeveIopment filed October 3, 1988 in Plat Book 21 at Page 35 (the "First Amended Plat"). The new Top ofMiII Trail Easement shall be dedicated to the public for pedestrian purposes, as more fully set forth in that certain Top ofMilI Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A-I", to be recorded after: (I) publicly dedicated trails through adjoining lands have been connected up with the easterly and westerly ends of said Top of Mill Trail Easement; (2) the City of Aspen notifies TOMI thereof; and (3) an as-built legal description is available (and provided by TOMI) for the portion of the Top of Mill Trail Easement lying between the western boundary of Parcels 1 and 8 and the western boundary of Open Space Parcel B (it being understood that the Final Plat merely indicates the general vicinity of the new Top of Mill Trail Easement in that area and that the Top of Mill Trail Easement in that area will be located and aligned after the trail is constructed in that area). The public dedication shall also include the right, on the part of the public, to cross Top of Mill Street in order to utilize the Top of Mill Trail Easement. Until such time as said public dedication shall become effective, TOMI dedicates and sets apart to the Master Association for the exclusiye use and benefit of the owners, from time to time, of Parcels 1 through 8, their guests and invitees, for pedestrian purposes, an easement across and through said Top of Mill Trail Easement. Upon conveyance to the Master Association of said Top of Mill Trail Easement and until the public dedication shall become effective, the Master Association shall be: ( a) responsible for the maintenance of said trail and (b) entitled 10 IIJlI~ III~ IIIIIIIIIIIIIIII~IIII" 111111111111111 =;; l/lfe~r D; ~ 27F SILVIA DAVIS PITKIN COUNTY CO R 235.DD D D.De " '..... ,/ ., EXECUTION COpy to adopt and enforce reasonable rules and regulations concerning the use thereof. TOMI, for itself, its successors and assigns, shall improve the Top of Mill Trail Easement as it lies within Top of Mill by constructing a four-foot (4') wide single track path with underlying matting and a crusher-fine surface; provided, however, that TOMI shall haye no obligation to improve that portion of the Top of Mill Trail Easement lying between the Aspen Mountain Trail and the western boundary of Open Space Parcel B unless and until publicly dedicated trails through adjoining lands haye been connected up with the easterly and westerly ends ofT op of Mill Trail Easement. IfTOMI has not improved the Top of Mill Trail Easement as required herein at the time the public dedication becomes effective, TOMl shall deposit into escrow with the City of Aspen sufficient funds, in an amount determined by the City, to pay of the cost of completing said improyements. If said improvements have not been completed within five (5) years of the date this Agreement is recorded, whether due to the fact that publicly dedicated trails through adjoining lands have not been connected up with the easterly and westerly ends of said Top of Mill Trail Easement or otherwise, the funds deposited into escrow by TOMI for this purpose shaI1 be released to the City and TOMI shall thereafter be relieved of any further obligation to improve the Top of Mill Trail Easement Upon recordation of the Top of Mill Trail Easement Agreement, the portion of the Top of Mill Trail Easement depicted on the Final Plat located between the western boundary of Parcels I and 8 and the western boundary of Open Space Parcel B shall automatically be vacated and replaced by thc portion of the Top of Mill Trail Easement in that area described in the Top ofMilI Trail Easement Agreement 38181-16 (ii) ASDen Mountain Trail. The Final Plat vacates the Aspen Mountain Trail as shown on the First Amended Plat. The Aspen Mountain Trail Easement shown on the First Amended Plat will be replaced by a new Aspen Mountain Trail Easement to be located and aligned in the general vicinity depicted on the Final Plat; howeyer, the Aspen Mountain Trail Easement depicted on the Final Plat merely indicates the general vicinity of the new Aspen Mountain Trail Easement. The new Aspen Mountain Trail Easement shaII be dedicated to the public for pedestrian and skiing purposes only as more fully set forth in that certain Aspen Mountain Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A-2", to be recorded at a later date (the "Aspen Mountain Trail Easement Agreement"). The Aspen Mountain Trail Easement Agreement shall be recorded after TOMI and the City of Aspen have agreed upon the actual location and alignment for the new Aspen Mountain Trail Easement. After TOMI and the City of Aspen have agreed upon the actuailocation and alignment for the new Aspen Mountain Trail Easement, TOM! shall provide in recordable form an as-built legal description of said new Aspen Mountain Trail Easement that sball be attached to, and recorded with, the Aspen Mountain Trail Easement Agreement. Upon recordation of the Aspen Mountain Trail Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall 11 1IIIUlmllllllllllllll :;;l/~1fe~;m SILVIA ORVIS PITXIN COUNTY co R 235,00 D e.e' ,. ~ ......... EXECUTION COPY automatically be vacated and replaced by the Aspen Mountain Trail Easement described in the Aspen Mountain Trail Easement Agreement. (q) Drainage. TOMI shall install the drainage improvements shown on the Grading and Drainage Plan to be recorded contemporaneously with the Final Plat and this Agreement. Drainage improvements shall be instaUed as a subdiyision improvement in accordance with Section 2.3 of this Agreement. In addition, TOMI has granted the City a twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A as depicted on the Final Plat to be used solely for the purpose of allowing the City to install, maintain and repair a storm drain pipe within said easement, as more fully set forth in that certain Storm Drain Pipe Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "B" to be recorded contemporaneously with this Agreement. (r) Air Quality. During all COnstruction actiyities on Top of Mill, TOMI shall comply with the fugitive dust control specification included as part of the Construction Management Plan that will be submitted prior to building permit issuance. All development within Top ofMiII shall comply with the Environmental Health Department's woodburning stoYe!flfeplace regulations in effect at the time of issuance of the applicable building permit. (s) Improvement Districts. On behalf of itself and all future owners of any property within Top of Mill, TOM! hereby agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the subject property under an assessment formula To the extent any future improvement districts are formed for storm sewers, storm water retention or slope movement, TOMI shall receive a credit against any amounts that may be assessed against it for amounts paid pursuant to subparagraphs (dd), (ee) or (ff) below. (t) School Land Dedication Fees. The owner of each Parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. (u) Park Development Impact Fees. The owner of each Parcel shall pay the required Park Deyelopment Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the deyelopment of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. (v) Exterior Lighting. All exterior lighting within Top of Mill shall comply with the Site and Exterior Lighting Plan to be recorded contemporaneously with the Final Plat and this Agreement. TOMI shall be required to submit detailed "cut sheets" for the proposed 38181-16 12 11'IIIJJJIJI?l~~:,. " - EXECUTION COpy street lights on Top of Mill indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. (w) Work in Public Rights-of Way. TOMI shall first receive the approval of the appropriate City Department and/or utility/service district prior to COmmencement of any work within a public right-of-way. (x) Damage to Public Rights-ofWay. TOMI shall repair any public right-of-way damaged during construction on any Parcel within Top of Mill prior to issuance of a certificate of occupancy for any structure on said Parcel. (y) Construction Hours. Construction activity within Top ofMilI shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity shall be permitted on Sunday. (z) Construction Management Plan. During all construction activities on Top of Mill, TOMI shall comply with the Construction Management Plan that will be submitted prior to building permit issuance. (aa) Infrastructure and Removal of Fill. TOM! shall have the right to apply for pennits for construction of infrastructure and removal of fill from Top of Mill at any time after approyal of Ordinance No.7. (bb) Erosion Control. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right-of-way shall be submitted by TOMI to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each Parcel prior to the issuance of a building permit for their respective Parcels. (cc) Street Impact Fees. TOMI and Grand Aspen Lodging, LLC have contributed $83,000.00 in Street Impact Fees to the City of Aspen in connection with the proposed development on Top of Mill and on Lot 5 of the Aspen Mountain SubdivisionIPUD. No additional street impact fees will be charged in connection with Top of Mill or Lot 5 of the Aspen Mountain SubdivisionIPUD. (dd) Storm Sewer. The City of Aspen has agreed to install a storm sewer pipeline adjoining Mill Street and the southern property line ofTop of Mill that will run down Mill Street and tap into the City's existing storm sewer line at or above Durant Street. TOMI has paid the City $14,000.00 towards the cost of designing a complete infrastructure system for South Mill Street and will pay up to an additional $66,000.00 towards the cost of such system within 30 days after completion, as long as it is completed by October 1,2002. Once 38181-16 11 IIIIIIIIIIIIIIIIIIII/~IIIIIIIIIIIIIIIIIIIII ~;~1/1~8~r0~:27P S1~VIA DAVIS PITKIN COUNTY co R 235.00 D 0.80 ......,,... r",,\ ....." , EXECUTION COPY the infrastructure has been constructed at Top of Mill, TOMI shall connect the Top of Mill storm sewer system with the City's and there shall be no cost to TOMI to do so. (ee) Rio Grande Ponds. The City has a plan to upgrade its storm water retention ponds at Rio Grande Park, the cost of which shall be bome by all new deyelopment in the City. TOMI and Grand Aspen Lodging, LLC shall contribute $144,000.00 towards the construction of such upgrades within six (6) months of the latest to occur of (i) the recording of the Final Plat or (ii) the recording of the final plat for Lot 5 of the Aspen Mountain SubdivisioolPUD. No additional costs of the upgrades will be charged to TOMI, Grand Aspen Lodging, LLC or the owners of any real property within Top of Mill or Lot 5 of the Aspen Mountain SubdivisioolPUD. If the City has not proceeded with the aforementioned upgrades within five years of the date of this Agreement, the entire $144,000.00 (plus accrued interest) shall be returned to TOMI and Grand Aspen Lodging, LLC. (ff) Slope Movement Monitoring System. The City Engineering Department has requested TOMI to voluntarily contribute $55,000.00 towards the cost of studying and/or developing a slope moyement monitoring system for slopes above the City of Aspen. Although TOMI is not aware of any need for such system, or has ever been shown the necessity of such a system aboye Top of Mill, TOMI has agreed to contribute $55,000.00 for such purpose with the restriction that such funds be used solely for studying and/or developing a system for slopes above Top of Mill. TOMI's contribution under this paragraph shall be made within six (6) months of the recordation of the Final Plat. The City shall hold such funds in escrow and shall be dispersed only for the purposes described in this paragraph and upon mutual approval ofTOMI and the City. If the City has not proceeded with the aforementioned study and/or development within three years of the date of this Agreement, the entire $55,000.00 (plus accrued interest) shall be returned to TOMI. (gg) Fire Protection. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Top of Mill as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) mther than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each Parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, TOMI sha1I submit a fire safety plan for the demolition of the existing structures to be preformed by TOMI and the construction of the proposed development of Top of Mill to the Engineering Department at the time of building permit application. (hh) Development on Parcel 9. Development on Parcel 9 shall be limited to the existing garage and trash storage structures and any replacement thereof (whether due to casualty, obsolescence or otherwise), which replacement shall be for the same use; occur only within the footprint of said existing structures and the existing square footage of said structures cannot be increased. The provisions of this Paragraph 2.2(hh) and 2.1 (b)(ii) and (iii) aboye shall be binding on Parcel 9. 38181-16 14 \ \11\\\ 1111\ 1111111111\ 111\ I\'\~' I~'\ III 11111 1 ~)t. !:;~1~ii~:0;~m Sl~VIA D~VI& PITKIN COUNTY co , '""'" , ,-...,;' EXECUTION COpy 2.3 Subdivision Improvements. TOMI shall complete the following subdivision improvements, all as depicted on the Final PUD Development Plan for Top of Mill, which is attached to and recorded as a part of the Final Plat. (a) Excavation and removal of approximately 28,000 cubic yards of excess fill to bring the site back to the base elevations utilized in the site grading plan. (b) Construction of approximately 1,000 linear feet of sidewalk both in the public right-of-way (820 linear feet) and internal to the project site. (c) Installation of two handicap sidewalk ramps. (d) Installation of up to 4 street lights in the public right-of-way and on Top of Mill Street. (e) ConstnJction of approximately 1,200 linear feet of new curb and gutter along the west side of the South Mill Street as well as along Top of Mill Street. (f) Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main extension including two fire hydrants and related gate valyes and fittings. (g) Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main extension including 6 sewer manholes and appurtenances. (h) Installation of approximately 650 linear feet of electric primary, gas, phone and cable TV lines. (i) Installation of site drainage improyements including 620 linear feet of storm drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious areas. OJ Placement of 4,500 square yards of asphalt or concrete paving. (k) Construction of approximately 500 linear feet of 4-foot wide gravel path within Top of Mill Trail Easement. (I) Construction of approximately 590 linear feet of 4-foot wide gravel path within Aspen Mountain Trail Easement 2.4 Cost of Subdivision Improvements. The current estimated cost of the subdivision improyements described in Section 2.3 above, as more specifically set forth in the Engineer's Estimate of Cost prepared by Schmueser Gordon Meyer, Inc. dated May 31,2002, a copy of which is 38181-16 15 jl"III.JIIJI~:~~.:~,. ~ .... '- EXECUTION COPY attached hereto as Exhibit "C" and made a part hereofby this reference, and as approved by the City Engineer, is $746,925.00. TOMI shall complete construction of the aforesaid subdivision improvements in accordance with a Construction Schedule to be submitted to the City Engineering Department simultaneously with submission of the financial guarantee described in Section 2.6 hereof. 2.5 Landscape Plan and Related Costs. TOMI shall install all landscaping on Parcels I, 2, 3 and Open Space Parcel A depicted on the approved Landscape Plan, which is to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for Parcels 4-8 shall be the responsibility of the respective owners of those Parcels. TOMI shall ensure the success of all landscaping installed by TOMI pursuant to the Landscape Plan for a period of two (2) years from the date of installation. TOMI shall replace any landscaping instaIled by TOMI that fails during such two (2) year period except where damage or destruction of such landscaping is caused by individual property owners. Afi!::r instaIlation and initial grow-in of such landscaping, the Master Association shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Open Space Parcel A, the homeowners association for the townhouses on Parcell shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcell, and the homeowners association for the affordable housing units on Parcel 2 shall haye the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 2. The owners of the duplex units on Parcel 3 shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 3. The current estimated cost of implementing the Landscape Plan and for assuring the success of said landscaping for a period of two (2) years after installation, as more specifically set forth in the schedule prepared by DHM Design Corporation dated May 15, 2002, attached hereto as Exhibit "D" and made a part hereofby this reference, and as approved by the City Engineer, is $82,182.00.00 for Parcell; $47,600.00 for Parcel 2; $ 31,023.00 for Parcel 3; and $55,887.00 for Open Space Parcel A. 2.6 Financial Assurances. (a) In order to ensure construction and installation of the subdivision improyements described in Section 2.3 above, and to guarantee 100 percent of the current estimated cost of the subdivision improyements, TOMI shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of$746,925.00 (the "Subdivision Improvements Letter of Credit''). The Subdiyision Improyements Letter of Credit shall be provided to the City prior to the issuance of a building pennit for the construction of the first residential structure on Top of Mill. (b) In order to ensure construction and installation of the landscaping improvements described in Section 2.5 aboye, and to guarantee 125 percent of the current estimated cost of the landscaping improvements (including 2 years of maintenance thereof), TOMI shall provide to the City irrevocable letters of credit from a financially responsible lender in the amount oiS1 02,727.50 (i.e., 125% of$82,182.00) for the landscaping improvements on Parcel I ; $59,500.00 (i.e., 125% of $47,600.00) for the landscaping improyements on Parcel 2; $38,778.75 (i.e" 125% 0($31,023.00) for the landscaping improyements on Parcel 3; and $69,858.75 (i.e., 125% of$55,887.00) for the 38181-16 16 IIIIUIII/III/IIIIIIIIIIIII ~;~U:0~f 0:~27F SILVIA DAVIS PITKIN COUNTY CO R Z3S, 00 D 0.08 , ~""\ ',.,'~ / EXECUTION COPY landscaping improyements on Open Space Parcel A; (each, a "Landscaping Letter of Credit", and collectiyely, the "Landscaping Letters of Credit''). The Landscaping Letter of Credit for Parcel I shall be provided to the City at the time .of building permit application for Parcel I. The Landscaping Letter of Credit for Parcel2shall be provided to the City at the time of building permit application for Parcel 2. The Landscaping Letter of Credit for Parcel 3 shall be provided to the City at the time of building permit application for Parcel 3. The Landscaping Letter of Credit for Open Space Parcel A shall be proyided to the City with the flIst Landscaping Letter of Credit for Parcels I, 2 or 3 (e.g., if TOM! applies for a building permit for Parcel I before Parcels 2 or 3, then the Landscaping Letters of Credit for Parcels I and Open Space Parcel A shall be provided at the time of building permit application for Parcell). (c) The Landscaping Letters of Credit and the Subdivision Improyements Letter of Credit (together, the "Letters of Credit") shall be in a form reasonably acceptable to the City Attorney and the City Manager, and give the City the unconditional right, upon default by TOM! to draw on funds as necessary and upon demand to partially or fully complete andlor pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amounts to be applied first to additional administratiye or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such Letter of Credit is released to TOM!. Provided, however, that TOM! shall be given fourteen (14) days written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under any Letter of Credit. Notwithstanding the foregoing, delays or other problems resulting from ilcts of God or other events beyond the reasonable control of TOM! shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect the subdivision improvements and the City Parks Department shall inspect the landscaping improvements, and upon approval and written acceptance, a reduction in the outstanding amount of the applicable Letter of Credit shall be authorized in an amount equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer or City Parks Department, as the case may be, and with respect to landscaping improvements, an additional twenty-five percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements haye been maintained in a satisfactory condition for two (2) years. (d) It is the express understanding of the parties that compliance with the procedure set forth in Section 2.7 below pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by TOMI as set forth above. 2.7 Noncompliance and Request for Amendments or Extensions by TOM!. In the eyent that the City Council determines that TOM! is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify TOM! in writing specifying the alleged non. 38181-16 17 I l\llll m~ "Ill\ ~"I III 11\11\ ~\l1 III \11\1 ~I Ill. ~~~~:i~~: e~; 27. SILVIA DAVIS 'ITKIN COUNTY co ~ .." " r EXECUTION COPY compliance and asking that TOM! remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that TOM! has not complied within such time, the City Council may issue and serve upon TOM! a written order specitying the alleged non-compliance and requiring TOM! to remedy the same within thirty (30) days thereafter. Within twenty (20) days of the receipt of such order, TOM! may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine anyone or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a yariance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance, which is determined to exist. UPon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normaIly established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such noncompliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, howeyer, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance ifTOMI demonstrates by a preponderance of the evidence that the reasons for the delay( s) which necessitate said extension( s) result from acts of God or other eyents beyond the reasonable control of TOM!, despite good faith efforts on its part to perform in a timely manner. 2.8 Top ofMiII Construction Schedule. Development of Top of Mill shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. The deyelopment shall occur in accordance with the time frames set forth below, which are contained in Aspen City Council Ordinance No. IS, Series of 2002 ("Ordinance No. 15-02"): (a) TOMI may submit building permit applications for construction of infrastructure and remoyal of fill any time after approval of Ordinance 7, but such applications shall be submitted no later than thirty (30) days after recordation of this Agreement and the Final Plat. (b) TOM! may submit building permit applications for the improvements to be constructed on Parcels I and 2 any time after recordation of this Agreement and the Final Plat. 3818J.l6 '. l!l~llflfl~~!lll 'll~llIJ III "/~IIIII"I ~;;lI1~~r e;~ 27P R 23~.ee 0 e.ee ~. '- 111111111111 "IIIIIIIIIIIIIII~III ~"I~IIIIIIIIII ~;;ll!~r 0;: 27F SILVIA DAVIS PITKIN COUNTY CO R 23S, 00 D 0.00 . EXECUTION COpy (c) rOMI may submit building permit applications for the improyements to be constructed on Parcels 3,4,5,6,7 and 8 any time after approval of Ordinance 7, but not before a building permit is issued to Bavarian Affordable Housing, LLC for "Phase r' of the Bavarian Inn Affordable Housing Project (d) No certificate of occupancy for any townhome unit to be constructed on Parcell shall be issued until a certificate of occupancy has been issued for the affordable housing units to be constructed on Parcel 2. (e) The certificate of occupancy for the free-market improvements to be constructed on any of Parcels 3,4,5, 6, 7 and 8 shall not be issued until a certificate of occupancy has been issued for the on-site accessory dwelling unit on any such Parcel or the owner of such Parcel has paid the applicable affordable housing impact fee. . To the extent of any conflict between the terms of this Agreement and the provisions of Ordinance No. 15-02, this Agreement shall govern and control. ARTICLE 3 GENERAL PROVISIONS 3.1 The provisions hereof shall be binding upon and inure to the benefit of rOM! and . City and each of their respectiye successors and assigns. 3.2 This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3.3 If any of the proyisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such inYalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 3.4 This Agreement and the Exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. TOM!, its successors or assigns may, on its own initiatiye, petition the City Council for an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment (it being understood that after rOMI conveys Parcel 9 as described in Section 2.1 (a) above, Parcel 9 shall not, except as proyided in Paragraphs 2.1 (b )(ii) and (iii) and 2.2(hh) above, be coyered by, or subject to this Agreement; and, excepting only said Paragraphs 2.1 (b)(ii) and (iii) and 2.2(hh), this Agreement may be amended without the consent of the owner of Parcel 9). The 38181-16 19 r"-~ " EXECUTION COPY provisions of this Agreement shall supersede and replace Section M of the First Amended pun Agreement as it relates to Top of Mill. 3.5 Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shaH include all genders. 3.6 Upon execution of this Agreement by all parties hereto, City agrees to approye and execute this Agreement and the Final Plat, and cause the same to be promptly recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by TOM!. 3.7 Notices to be given to the parties to this Agreement shall be considered to be giyen if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: City: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 IIII~ II~IIIIIIIIIIII ~1I1~1I ~III ~III" 1/111/ ~;~ l,:~~r I:? 27F SIlVIO DAVIS PITKIN COUNTY CO R 2311.lllI D l.lllI . TOMI: Top of Mill Inyestors, LLC clo Four Peaks Development, LLC 1000 S. Mill Street Aspen, CO 81611 With copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Ayenue Aspen, CO 81611 3.8 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described herein and any and all owners hereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees and assigns. [Signatures on Next Page] 38181-16 20 ........ ~ EXECUTION COPY IN WI1NESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado munici 0 oration ATIEST: ~)~ thryn . Ko ity Clerk"'" APPROVED AS TO FORM: 'l4l'?~~ JoIfirW~ster, ity Attorney TOMI: TOP OF MILL INVESTORS, LLC, ']~md~L By: (ILJ ( David ar er, Director [Acknowledgments on Next PageJ 1111.1111111 ~~;~" COIJN1y co R 235 886/16/2882 82: 27F , . 8 D 8... 38181-16 21 11111(;J'I.II;';:~~:.. EXECUTION COPY STATE OF COLORADO ) ) ss COUNTY OF PITKlN ) ~The aboye and foregoing documynt was acknowledged before me this I (o1Ut day of U/.vl-' ,2002, by 1-+e.1~ (::atlVl ~.:1-v-c.uf as Mayor and Kathryn . Koch as CIty Clerk of the CIty of Aspen, Colorado, a Colorado mumClpa1 corporation. Witness my hand and official My commission expires: L4.v STATEOF ~1.oU)>O ) l)............, ) ss COUNTYOF~ ) The aboye and foregoing document was acknowledged before me this Sd1 day of August 2002, by David Parker as Director for Top of Mill Inyestors, LLC, a Delaware limited liability company. Witness my hand and official My commission expires: 38181-16 22 , 111111111111111111111111111111:111111111111111 1111 ~;~l/~~~r e;:27~ SILVIA OAVI5 PITKIN COUNTY CO R 23S.ee c e.ee . /' EXECUTION COPY EXHIBIT "A-I" CITY OF ASPEN TOP OF MILL TRAIL EASEMENT THIS EASEMENT is made on ,2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City." For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: I. Easement, Grantor hereby grants to the City a non-exclusive ten foot (I 0') foot wide easement, hereinafter referred to as the "Top of Mill Trail Easement" or the "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit .. A" attached hereto and incorporated herein, for use by members of the public solely for pedestrian purposes. The easement granted herein shall also include the right, on the part of the public to cross Top of Mill Street as shown on the Final Plat of Top of Mill SubdivisionIPUD recorded , 2002 in Book _ at Page _ as Reception No. (the "Final Plat") in order to utilize the Easement. The City shall be permitted to make improyements to the Easement only to the extent required for drainage, safety and maintenance of the trail. No other improvements by the City (e.g., lighting, etc.) shall be permitted. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The City agrees to maintain the Easement at its sole expense; provided, however, that the City shall have the right to assign its maintenance responsibilities to whatever person or entity the City deems is desirable for the effective utilization and maintenance of the Easement granted herein. If the City fails to maintain the Easement within a reasonable period after notice from Grantor that the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the Easement and the City shall reimburse Grantor for any out-of-pocket costs incurred by Grantor. The Easement is granted subject to all existing easements, restrictions and covenants of record. 38181-16 23 ,- " ....... EXECUTION COPY Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be engaged in construction in connection with its proposed deYelopment of the Top of Mill SubdivisionIPUD and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall have the right to use the Easement until a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel I, Top of Mill SubdivisionIPUD. In addition, after a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcell, Top of Mill SubdivisionlPUD, Grantor shall have the right to temporarily close the Easement from time-to-time when Grantor reasonably determines that use of the Easement will potentially conflict with Grantor's construction actiyities. Upon recordation of this Easement Agreement, the portion of the Top of Mill Trail Easement depicted on the Final Plat located between the western boundary of Parcels I and 8, Top of Mill SubdiyisionIPUD and the western boundary of Open Space Parcel B, Top of Mill SubdivisionIPUD shall automatically be vacated and replaced by the portion of the Top of Mill Trail Easement described in this Easement Agreement in that area. 2. Easement Utilization. This Easement is solely for use by the public for pedestrian purposes. No hunting, horses or pedal bikes, such as mountain bikes shall be permitted on the Easement. The use of motor yehicles is also prohibited, except to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The grant of the easement, as described herein, shall be strictly construed. 3. Trail Construction. Subject to seasonal conditions, Grantor shall improve the Easement as it lies within Top of Mill by constructing a four-foot (4') wide single track path with underlying matting and a crusher-fine surface. If, at the time this Easement Agreement is recorded, Grantor has not yet completed such improyements, Grantor shall deposit into escrow with the City sufficient funds, in an amount determined by the City, to pay of the cost of completing said improyements. If said improvements have not been completed by [Insert date that is five (5) years after the date that the Top of Mill SubdivisionlPUD Agreement is recorded], whether due to the fact that publicly dedicated trails through adjoining lands have not been connected up with the easterly and westerly ends of the Easement or otherwise, the funds deposited into escrow by Grantor for this purpose shall be released to the City and Grantor shall thereafter be relieved of any further obligation to improye the Easement 4. Maintenance. Hold harmless and Insurance. The parties expressly acknowledge that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, including, but not limited to, Colorado Revised Statute ~ 33-41-101, et seo., as amended. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnity the City or any member of the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement or due to the condition of the trail. 3gl8l-16 24 111111111I~ 1111 ~IIII ~IIIII ~ ~ II ::~~::~:e~f e~; m SILVlO DOVIS PITKIN CDUNTY CD R 23S.00 D e.1I , .... -' '- EXECUTION COPY By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to defend and hold Grantor and its successors and assigns harmless, subject to the procedural requirements and monetary limits of the Colorado Governmental Immunity Act, Colorado Reyised Statutes 9 24-10-101, et seq., as amended, for any injury, claim or damage to any person or property as a result of use of the Easement or due to the condition of the trail. 5. Ril!bt to Relocate. Grantor retains the right to relocate the Easement and/or the trail located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and with the prior written approval of the City as to relocation, procedure and method of reconstruction of the public trail, which approval by the City shall not be unreasonably withheld as long as the proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the same extent as this Easement, and so long as the improvements so constructed also serve said purposes. 6. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 7. Notices. Any notices given pursuant to the terms of this Easement shall be giyen by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Mill Street Aspen, Colorado 8161 I Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman AYenue Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 8. ~. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 38181-16 2S IIIIIIIII~UUIIII~II J 11111 II :;~~/~:I~rli~27F SILVIA DAVIS PITKIN COUNTY CO R 235.11 D I.aa , '1 ~J EXECUTION COpy 9. Enforcement. Each of Grantor and the City shall haye the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the performance of any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 10. Desil!Dation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. 11. Ism!. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 12. Successors and Assil!Ds. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. [Signatures on Next Page] IIUlnllllllllllllll~~III~ ~~U:0~f 0~;27F SILVIA DAVIS PITKIN COUNTY CD R 235.00 D 0.110 38181-16 26 ,..,~ ......, ..I EXECUTION COPY GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: AITEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney I ~111U111\ II ~m I~ gl ~ ~~ ~~~:~~r '~;Z7P SILVIA OA\IIS PITt<IN COUNTY CO R 235." D .... 38181-16 27 J '....- EXECUTION COPY STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this _ day of .2002 by ,as of Top of Mill Investors, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) 88. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this _ day of .2002 by . as of the City of Aspen, a Colorado Municipal cOIJloration. Witness my hand and official seal. My commission expires: Notary Public ~lnlll~UIIII~III~lllnll ~;~1/~~'~~27P SILVIA DAVIS PITKIN CDUNn co R 235." D.... 38181-16 28 ~- -" '" EXECUTION COPY EXHIBIT "A" TO EXHIBIT "A-I" (Lel!al Descrintion of Too of Mill Trail Easement) Top of Mill Trail Easement, according to the Final Plat ofTop of Mill SubdiyisionlPUD. a planned community recorded . 2002 in Book _ at Page_as Reception No. COUNTY OF PITKIN, STATE OF COLORADO. I I~ "'~I\II\ ~I~I ~U\~"I' II ~!.~;~~~l:e~~z~ SILVIA DAVIS PI1KIN COUNTY co R 38181-16 29 , ') - EXECUTION COPY EXHIBIT" A-2" CITY OF ASPEN ASPEN MOUNTAIN TRAIL EASEMENT TIllS EASEMENT is made on , 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as the "City." For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: I. Easement. Grantor hereby grants to the City a non-exclusive thirty foot (30') wide easement, hereinafter referred to as the "Aspen Mountain Trail Easement" or "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by members of the public strictly as a trail for pedestrian and skiing purposes. The City shall be permitted to make improvements to the Easement only to the extent required for drainage, safety and maintenance of the trail. No other improvements by the City (e.g., lighting, etc.) shall be permitted. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. No other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all pWJ>Oses and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement is granted subject to all existing easements, restrictions and covenants of record. The City agrees to maintain the Easement at its sole expense; provided, however, that the City shall have the right to assign its maintenance responsibilities to whatever person or entity the City deems is desirable for the effective utilization and maintenance of the Easement granted herein. If the City fails to maintain the Easement within a reasonable period after notice from Grantor that the City has failed to do 50, Grantor shall have the right, but not the obligation, to maintain the Easement and the City shall reimburse Grantor for any out-of-pocket costs incurred by Grantor. 38181-16 30 111111111I11 ~ 11I11111111I1 ~II :~~l/1:0~( 0~~27F SILVIR ORVIS PIT1(IN COUNTy CO R 23S. 00 D 0. ee ".- - .""'\ - EXECUTION COPY Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be engaged in construction in connection with its proposed deyelopment of the Top of Mill Subdivision/PUD and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall have the right to use the Easement until a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel I, Top of Mill Subdivision/PUD. In addition, after a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcell, Top of Mill Subdivision/PUD, Grantor shall have the right to temporarily close the Easement from time-to-time when Grantor reasonably determines that use of the Easement will potentially conflict with Grantor's construction activities. 2. Easement Utilization. This Easement is solely for use as a trail for pedestrian and skiing purposes by the public, which for purposes of this Easement includes the right to use horses and pedal bikes, such as mountain bikes. No hunting shall be permitted on the Easement. The use of motor yehicles is also prohibited, except to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The grant of the easement, as described herein, shall be strictly construed. 3. Trail Construction. Subject to seasonal conditions, Grantor shall improve said Easement by constructing a four-foot (4') wide single track path with underlying matting and a crusher- fme surface, installation of trail signs at the ends of the trail identifying the trail name and public access, which signs shall be designed and built in accordance with City of Aspen Parks Department standards. 4. Maintenance. Hold harmless and Insurance. The parties expressly acknowledge that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, including, but not limited to, Colorado Revised Statute ~ 33-41-101, ~., as amended. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify the City or any member of the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement or due to the condition of the trail. By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to defend and hold Grantor and its successors and assigns harmless, subject to the procedural requirements and monetary limits of the Colorado Governmental Immunity Act, Colorado Revised Statutes S 24-10-101, et sea., as amended, for any injury, claim or damage to any person or property as a result of use of the Easement or due to the condition of the trail. 5. Ril!ht to Relocate. Grantor retains the right to relocate the Easement and! or the trail located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and with the prior written approval of the City as to relocation, procedure and method of reconstruction of the public trail, which approval by the City shall not be unreasonably withheld as long as the 38181-16 31 1111111I11111111111111 ~~~l~!,~f 1~~27F SILVIA DAVIS PITKIN COUNTY CD R 235.10 D e.10 r' ......- " EXECUTION COPY proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the same extend as this Easement, and so long as the improvements so constructed also serve said purposes. 6. Vacation of Prior Asoen Mountain Trail Easements. Reference is made to the Final Plat for the Top of Mill SubdivisionIPUD recorded , 2002 in Book _ at Page _ as Reception No. (the "Final Plat"). The Final Plat (i) vacates the Aspen Mountain Trail as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit Development, according to the Plat thereof filed October 3,1988 in Plat Book 21 at Page 35 (the "First Amended Plat") and (ii) depicts the general vicinity of a new Aspen Mountain Trail Easement that will be located, aligned and dedicated by this Easement Agreement. Upon recordation of this Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall automatically be vacated and replaced by the Easement described and dedicated in this Easement Agreement. 7. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 8. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Mill Street Aspen, Colorado 8161 I Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 38181-16 l,i'I.lJ"I'I~~~~~:" , J EXECUTION COPY 9. YmY!. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 10. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any proyisions of this Easement. The failure of a party to insist upon the performance of any proyisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the preyailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 11. Desil!Dation of Successor. Grantor, by insmunent duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. 12. Term. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 13. Successors and Assil!Ds. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit <<A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatiyes. 1111 mlll~11 ~IIIIIII ~1II11111111111~1 =~~l~.~f I:~ 27F SILVIA DlWIS PITKIN COUNT' CO R 23'." D.... 38181-16 33 """, a EXECUTION COpy GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware liinited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: . q{(/7~L-~ Jd8n-W~ester. Ity Attorney III~ I~ 11m ~II ~I~ I~ ~ ~II ~IIIII ::~l~:e~r e~;27F SILVIA DAVIS PITKIN COUNTY CO R us.ee De.. 38181-16 34 ~"~ ""'\ ~..,,* EXECUTION COPY STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this _ day of ,2002 by , as of Aspen Mountain Inyestors, u..C, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATEOFCOLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this _ day of .2002 by , as of the City of Aspen. a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public \IIIIII"I"~~~:" SICVI. IlOVIS PI'IltIN CO\JNTV 38181-16 35 o EXECUTION COpy EXHIBIT "A" TO E lAttach Le I XHIBIT "A-2" l!a DescriDti' on of As Den Mount' am Trail E asementl COUNTY STAlE OF PITKIN OF COLORADO. 11111111"" :;,~~;!. :.~.. .1L.~lA I)llIIl$ Plt1<lM coUN'ly co R %35." 0 .... 3818[-16 36 ,- ') ....." ~ EXECUTION COpy EXHIBIT "8" OTY OF ASPEN STORM DRAIN PIPE EASEMENT THIS EASEMENT is made on . 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as ''the City." For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: I. Easement. Grantor hereby grants to the City a non-exclusive twenty foot (20') foot wide utility easement, hereinafter referred to as the "Easement" oyer and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "An attached hereto and incorporated herein, for use by the City solely for installation, maintenance and repair of a storm drain pipe. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit" A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. In the event that the City damages any landscaping or other improvements located in the Easement in connection with the rights granted hereunder, the City shall promptly repair any such damage and restore the land within the Easement to its prior condition. The Easement is granted subject to all existing easements, restrictions and covenants of record. 2. Easement Utilization. This Easement is solely for use by the City for installation, maintenance and repair of a storm drain pipe. The grant of the easement, as described herein, shall be strictly construed. 3. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 38181-16 37 l[Il~['~~vf~'lfllll~I~'lBII~ IIBI 11111111 ~;~l,:!~r e;;27P R 235.00 D e.ee " 8 EXECUTION COpy 4. Notices. Any notices given pursuant to the tenns of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Inyestors, LLC 1000 S. Galena Street Aspen, Colorado 81611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 5. ~. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusiyely in the courts of Pitkin County, Colorado. 6. Enforcement. Each of Grantor and the City shall haye the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the performance of any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, or' any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 7. Desimation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado. may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. 8. Im:m. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 9. Successors and Assil!ns. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter 38181-16 38 Illll(lJII'&.?lJf-i:';~m ~ ') .,...<", .. EXECUTION COPY acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: A TrEST; Kathryn S. Koch, City Clerk APPROVED AS TO FORM: "7 ~ ~:f'I/~/A -6---- JohIr~cstet, ity Attorney \111\\ 471100 \ \\\i I~ Il\\ 1\ \8\' 1"\\\\\ III ~~B .:'~~~;~~te~~Z7P SILVIA DAVIS PIT1<IN . 38181-16 39 "" "'\ , EXECUTION COPY STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this _ day of ,2002 by , as of Top ofMili Investors, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this _ day of ,2002 by , as of the City of Aspen, a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public 1\ 471100 \1'JIJJ,'I'k?~F.-t.f" 38181-16 40 , "'"' EXECUTION COPY Twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A, according to the Final Plat of Top of Mill SubdivisionIPUD, a planned community recorded .2002 in Book _ at Page_ as Reception No. 38181-16 ".,,,'" EXlllBIT "A" TO EXHIBIT "B" (Lel!sl DescrintioD of Storm Drain Pine Easement) COUNTY OF PITKIN, STATE OF COLORADO. IUIIIIIIIIIII"IIIIIII~IIIUI :;~1/:!e~fe:;27P SILVIA DAVIS PITKIN COUNTY co R 23S." D e.ee 41 " "'" - 6 EXHIBIT 'e' EXHIBIT TOP OF MILL SUBDMSION I PUD SCHEDULE OF PUBLIC IMPROVEMENTS May 31,2002 INTRODUCTION Below is an updated schedule of the public improvements for the Top of Mill project Including estimated costs developed with the General Contractor for the project, Resort Builders. This list is based on the site improvements anticipated in the Construction Management Plan for the project but includes only right-of-way improvements and main utility extensions that benefit the project and parcels as a whole. I have excluded utility service lines and improvements internal to each parcel. SITE IMPROVEMENTS Common public Improvements to serve the overall Top of Mill Subdivision I PUD project site are shown on drawings submitted as exhibits to the Final Plat titled GRADING & DRAINAGE PLAN, ROAD PLAN & PROFILE and SCHEMATIC UTlUTY PLAN and include the following: 1. Excavation and removal of approximately 28,000 cubic yards of excess fiU to bring the site back to the base elevations utilized in the site grading plan. Estimated cost: $300,000. 2 Construction of approximately 1,000 linear feet of sidewalk both in the public right-of- way (820 linear feet) and intemalto the project site. Estimated cost $23,000. 3. Installation of two handicap sidewalk ramps at the intersection of South Mill and Summit Streets. Estimated cost $1,200. 4. Installation of up to 4 street lights in the public right-of-way and on the private access. Estimated cost: $8,000. 5. Construction of approximately 1,200 linear feet of new curb and gutter along the west side of South Mill Street and along the internal access road. Estimated cost $23,100. 6. Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main extension including two fire hydrants and related gate valves and fittings. Estimated cost $89,700. 7. Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main extension inCluding 6 sewer manholes and appurtenances. Estimated cost $61,400. l[l~llll(f~f~/r'l~J"jl'~ If I~'II'II"I ~;~ ll:~~f 0;~27F R 235.00 0 0.00 r 6 '- ......., ,,", May 31, 2002 Top of Mill Subdivision I PUD Schedule of Public Improvements Page 2 8. Installation of approximately 650 linear feel of electric primary, gas, phone and cable TV lines. $45,150. 9. Installation of site drainage improvements inclUding approximately 620 I.f. of storm drain, 6 inlel structures and 3 manholes to handle storm runoff from new impervious areas. Estimated cost $60,375. 10. Placement of 4,500 square yards of concrete paving. Estimated cost $118,000. 11. Construction of approximately 500 linear feet of 4 foot wide gravel "Top of Mill Trail" in a 15 foot easement. Construction of approximately 590 linear feet of 4 foot wide gravel "Aspen Mountain Trail" in the 30 foot ski easement. Estimated cost: $17,000. Total estimated cost of the public improvements for the Top of Mill project; $ 746,925. JHljh 00140SlA4 llIIIIJIII. ~:!~.:~'" Il 235... De... TOP OF Mill landl""" QuanUtJ.. Prepared By; OHM Oasign Corporation Parcell Number 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 Item Sod Native Seed Cedar Mulch Edging Irrigation Shrub Bed Prep 5 gal Shrubs 1 gal. Perennial. 2.5" cal. Deciduous Trees 2.25" cal. Deciduous Trees 3" cat Deciduous Trees 3.5' cal. Deciduous Trees 10' Evergreen Trees 14' Evergreen Trees 17' Evergreen Trees EXHIBIT '0' .'....., " Quantity 2.535 12.575 1,395 87 15,705 1,395 71 193 9 15 33 5 3 4 2 Unft SF SF SF LF SF SF EA EA EA EA EA EA EA EA EA Date: May 15, 2002 Unft Cost Total Cost $1.00 $2,535 $1.00 $12,875 $0.80 $837 $2.50 $218 $1.00 $15,705 $1.70 $2,372 $45,00 $3,195 $14.00 $2,102 $550.00 $4,950 $400.00 $6.400 $500.00 $16,500 $600.00 $3,000 $500.00 $1,800 $1.200.00 $2,400 $1,700.00 $3,400 Subtotal 3% Mobilization Fee Total $79,788 $2,394 $82,182 Assumes thaI 12" oftopaoil has been provided & placecl by the Contractor Cobble mulch a1 dripline has not been included \ III"~ II ~'IIIII'!III~ I'I~I ~!.i:~~l:~~: ~;m .1~VIA DAVIS PITKIN COUNT TOP OF MILL Landscape Quanlltl.. Prepared By: OHM Design Corporation Parcel 2 Number 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 ltern Sod Nalive Seed Cedar Mulch Edging Irrigation Shrub Bed Prep 5 gal Shrubll 1 gal. Perennla's 2.5" cal. Deciduous Trees 2.25" cat Deciduous Trees 3" cal. Deciduous Trees 3.5" cal. Deciduous Trees 10' Evergreen Trees 14' Evergreen Trees 17' Evergreen Trees Quantity 3,054 1,078 130 185 4,252 130 36 17 4 11 23 4 4 12 3 Un" SF SF SF LF SF SF EA EA EA EA EA EA EA EA EA ~ .. ;,,/ Dale: May 15, 2002 Un" Cost Total Cost $1.00 $3,054 $1.00 $1,078 $0.60 $78 $2.50 $463 $1.00 $4,262 $1.70 $221 $45.00 $1,620 $14.00 $238 $550.00 $2,200 $400.00 $4,400 $500.00 $11,500 $600.00 $2,400 $600.00 $2,400 $1,200.00 $7,200 $1,700.00 $5,100 Sublotal 3% Mob"lzation Fee Tata' Assumes that 12" oftopscil has been provided & placed by the Contractor Cobble mulch at driplins has not been included $46,214 $1.3S6 $47,600 ~, 471100f 47 \IIJIJJ,'11!::~;~."'''' SI~VI. TOP OF MILL Landscape Quantities Prepared By: OHM Design Corporation Pares' 3 Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Item Sod Native Seed Cedar Mulch Edging Irrigation Shrub Bed Prsp 5 gal Shrubs 1 gal. Perennials 2.5" cal, Deciduous Trees 2.25" caf. Deciduous Trees 3" cal. Deciduous Trees 3.5" caL Deciduous Trees 10' Evergreen Trees 14' Evergreen Trees 17' Evergreen Trees Quantity 785 4,780 775 170 6.340 775 31 58 4 9 9 o 2 1 1 Unit SF SF SF LF SF SF EA EA EA EA EA EA EA EA EA ""'\ .",# Date: May 15. 2002 Unn Cost Total Cost $1.00 $785 $1.00 $4,780 $0.80 $465 $2.50 $425 $1.00 $8,340 $1.70 $1,318 $45.00 $1,395 $14.00 $812 $550.00 $2,200 $400.00 $3,800 $500.00 $4,500 $800.00 $0 $800.00 $1,200 $1,200.00 $800 $1,700.00 $1,700 Subtotal 3% Mobilization Fee Total $30.120 $904 $31.023 Assumes that 12" ofiopsoD has been provided & placed by the Contractor Cobble mulch at dripline has not been Included 1~~~A"J.'ll~I~IIIIlI'111l1 ~11I1l :;~l,;:'~f e:? 27P co R 235.ee 0 e.ee (' TOP OF MILL Lancacape Quantities Prepared By: DHM Design Corporation Infraslnlclure Parcel Number 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 Item Sod Native Seed Ceder Mulch Edging Irrigation Shrub Bed Prep 5 gal Shrubs 1 gal. PereMials 2.5" cal. Deciduous Trees 2.25" eal. Deciduous Trees 3" eal. Deciduous Trees 3.5" eal. Deciduous Trees 10' Eve'll....n Trees 14' Evergreen Trees 17' Eve'llreen Trees Quantity 835 12,675 1,395 87 14,905 1,395 74 142 10 6 g 2 1 2 1 Unit SF SF SF LF SF SF EA EA EA EA EA EA EA EA EA ...... ~ Date: May 15, 2002 Unit Cost Total eost $1.00 $835 $1.00 $12,675 $0.60 $837 $2.50 $218 $1.00 $14,!lO5 $1.70 $2,372 $45.00 $3,330 $14.00 $1,988 $550.00 $5,500 $400.00 $2,400 $500,00 $4,500 $600.00 $1,200 $600,00 $600 $1,200,00 $1,200 $1,700.00 $1,700 Sublctal 3% Mobilization Fee Total Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at drip6ne has not been ineluded 554,259 $1,628 $55,887 11.1"'11"" ~~:~'" coUNTy co R 235 ,811, 116/2882 '2: 27p . D e.88 ~ rC",,", ... ..' I I ~~~~~C:lJ~s r I oO(H~Q~:!I:!I:r ~~~:t~;;t~~jl 0 I ~~,~zdn~ zoo ~~ 00 -/ j:o)oll" 'lp :::~ i ~3~~ ~ ~~~~~ ....,,~:!I:u ~ ~OZ/JI I q~n ~ (l()~ GO "!'.lI~Z~ W ........... z ~ ~~!2 ~~ . ~~g~~~ ~. w ~ ! .~> 0 'l?o:x:o~ ~z~ " Z I'JN /'l)J Z N~O~~~ Z I z . l1'U1C1Z0g ~ ~'P~~~> ~ ~ ~ 8~~~3 I 0 Z fJg[D(Q_lnO )> . QlLl_ 11 O~=~F" 01 CO I " ~' ~O 0 (j) , i ~ i lJ f11 Z I ~~ I ." 0 I c 00 ;U I ?:~~~~~~l:it~~?:~ 1] OC '-0 ~~~~~~~~~~~~~ . f"T1 I ~.o 0 )> ;.oZ 0 ~r1:uo~ ~ ). A (J(J(J(,J(J{,I(J(JLlL!(JW(J "'~, ~: ~M 0-1 .,....,..,., , ;U '~~~il > UI ~~~~~~~~~~~~~ @ ?(r(j, .!c.. I )> "zz ""'l1l.lWO C . ~~~~~i ~ > 0 "V(lI c ~~~:u~l?~flfl~~fl~ ~ ~1lDI'IOg! " c (l(Jl2o 0 )>)> . -.1'12:0 L. 0 ~ ~\~ m I PPP5PPPf!lPPplJIl~ ~ ~9~o~~ z f"T1 , Z Qctnqo;;<; > ~ ~ N~Ol: < ~ .!"!'l.-~~~fJf'J!'l:"".-:-o (.IWO' :tl:ij " I\l.t>.o~n~ Gl c)dlQI~~;o; 0 Q)r~l>> :I: ~ , ''f~~F f"T1 0 ::!Z nn~~~~~U!~ z .:..If-Oi~ffi 0 UI Ww ~ ~ 0 o~~~ r m j\/-0I0C.O ~ ~Sli;;!::I ~ lil(IJ- ulUI , u_ 0 '-0 fIlg:- . ()~-f1l 1] 0 )lllllll~~~~~~~~~ u-z " q 0 'p 3: cccS:lJI Qzotll ~ Z(j) ~~~Z>tn-oUlll)OUlll f"T1 z r:I"Z l: Z zzz 0 /'l~rqO ~~ C QQQ (II ~ ~lJl -j ""11 flI 11 -gfll "'llz >>~ g ~~~g ~ r wOJ :z:zz ~ z~z~ :z: ." r > 0' fTI0 z 0 . -/- ~ g < 0 z - (j) - ';!;;:;~ (j)-~~ Q-~ 0 ~-zz OrZ ~-z Z ~~~~ ~~8~i:i~ m, "'T1i>1::t;:Ec ,J;;Q~~~ ~Gg~~~ (J(J(.I(J lO()(Il' ;0 . 0 '" , ~"~~8~ c \OCUI ~ ~ ~~~:: ", 9cER~8:t r t~m8~~ < c 2~i!:i!: i1 .- T j~ U(IZ ::0__ Z 'll~~~ ~b.Qm8O 0 !i Ol~~tn:tr " !fUl!Jl~ za z lJ )oWN- f80ct Ol-'-O(n;{"' r- o. . . 0IJ:,.Q1;;t;u_ (Jooc::~:U . ~>>~ &~Ql~p!'l ;:zz:z: -w Ul .8-~ " "~ :llf1@@ ~ Po -,. C ~~~~ 88z g _ 0 .~ ~~~~ ;:........ =H:i >111111 ~>> ~ 0 .~~o zzzz ;!d~ @ " ~ i ~ . ~ . ~ ~ N I., "'''''''''..'''''....,t.....,_........ ....~...... ....."., ,w.."""",,.,,~ .......,..... "-,,,-...~,....., r!i;fi~li'-----------_h_-----___'__n'___- -. .~~~!:~~ !'!lll! ~fl.Hf i_fi~'nl ~~':lil 1'1' fn ~'t " " ~ ~ ' . l~ ~ !J :;;(,:~ j~ \}i : ~ \, i~~~:{JI i[~~~:.i 1,",,1," ;g8~~~ . o.:.tifi:::ol - "p c..... 0"" G: (:i<~U10 ;;6g~ i3 ~~~~"'o ~~~g:: tl"'- _..... 'l~o ~ I!-- f'l t; ::c " ~ \i t... S;; ..., ~ ;:;;: <::: s;:1 ..:s ::-"1' ~C) ~~ <: C.' t , I , Cr ~ t:' t:3 '" ~ f:3 <::l ~ I '1,"1' _..-..l.::!l "'1"1"1 i H,.~'!I' ," , d I ii,'/i I, "l 1 ~ ~I~ ~ ~ ~ ~ ~ ::-. f': "':;:! S2; ~~ '" ",J "''"' '-<:::8;; ~' -" q 'I t i k . . i .~ ~ .... .!. ~),.? ~n5 ~ ~ ...... ...... l /.".... , ----.. _._..~------------~--_._---_. -----_.~------~..__._-,._-_..._-_._-_..- \~ _-~~;:co 7~~l~~C)~I- , , , , .i} "..........-..." ~ ~} ...~:?;'-:f;-.......-L ~~ "'_.'"".:--.. I ~;.~ .....~'!:........ ""J . ~~~ '\ ~~,.-f3~~--.-- n" \ I '\/ / ~m~ "" \ \ ~,/\, " /'1\" ~,~ \' -'W'!!): J'", ~ I -->.._ \ to t ~ " 'i , I - -x-....... 'J" I . I , I / \ " :~ t, \ \ ~..~i il " '~~~ro \,,) Ii ;;:~: "'. ,>''IN'';[:;-'.,I' "'" '-~~1 .' 1 ~) '<Q'~ ~-...~ ~ ",. - )' I en - "1~~,-1 '1 11 ~ ! i '''-,- ~~) a; / rl::.q ',') ''':.::.1 ' ~ it, ~~ r, h " ::,~~,,----?!-,\I.\! I '\.7) !,'~-,",:;"?<j~",,,,;'~ I ", ii. f\' . ~:-;/....... '~:e:.<:<'".-e~~- ~ I // ti r";~4P:;_ ') ~~, ~ ; /' ; ~j"~'" .~'" ) "., I to' [;~".-.J' ,~("r ~-:\';'<~"" j"'d I '\ ff{ii.-~... ( U. 11' ~:I~ J n,/I u(~ :}... "<<~}.r... ~, 1/ t , ! r~' 'r~~:,):;, r:rJL'JI-h 1311 i <if! -, ?~:' ~'<~~::' /)./iiJ ;; ~<< -~) ~I /Z~;~.!~j 11..-J0'fJJ' ~.;: G \~.,.",. "\,\'I'ljJ;r--; e)" j ~~ \::::J"': )~!.:xJ~, i...., [/'1 1 If1 0 ~""-,i::'-'f ''1 r-i;/Ir lj';/ I I ~:,'G'i /~..., 1'< ,i" t' . (,..j , fi) ,',~' 1&, ' \.' i') ;:;"(}''-\\' ,/ II, ":\..'/~'~~"i ,?I -~ i / /~ "',,~.,'Lf--y~,) >!) / (~:>/'') f.'l fi~' J~ ,\ YlI~ /' ,/ /" _'0." .--r--,'-1Ii---"~,..! ,', IJ"XI 'I! ,/;1 ! 7 j; 1 i I ./ / '1;,'/ i 1* I~~Z/ ;) /") /<'/0::) 7 ""\ I ,_/ / ""'-~0- I ly::-..:._,sQ[j~..~;::::iG-"'> t.C:::- I~ /1.1 / /' ., ). ~~ / / cr ,/';~'11'''''~'::';~,.,.~1\7! 111" I /~ 1/ / If., __,! c 7( Ih '\ ~___ ~'tf<!"'.t<.~'i-;-~:Jg-=I. ^ . ". - '. ~, .r ____ ~-c... _ ,,(",I . / / f L>J ::>' I~ I ',h (./ <', "I I , /"- r. , ----..:.:____ ...---~t':::- '.. I ! -J ~ /t,~ #~!--(,,.,- '---, , ,.: in ", /" ___:::::-~ ". '. I i 1/ ':; l:dl c. //;;---/ ii~ ' " ~~ _I ". 'l"~ ~ / ii' Ii (f', ,::, /~'i S i I !.!, l;~ ..' ; "Ii' . / I ~~ t,?,i/ b~l~'\,'~~I,i)i,' .'d ~~ ~"'~,' ! ~ '-- I It ~t .h,,' I ,~;?!{ Ii \:. Irl.......,~ ~ ~)' =! I ---.;. ~\ '-.f~I!;.f.<-..~._.--..... ",1 'I-\!ff)'" I" Ii ' I ,~ ;'(t,~,. ~"i~ -----,,'"\ I \1 ~ j ,/ I~ a f' fh:;.;. \ ~.,... _ \.'-, In t / :~ '''\A'' ~'~"~"-"h0H "', ":, \J,' \'fi-" I' I' ,':" .!.J f'k;,,/ r:~\ l:~. 1'~ (".." '(? ,.,~ \ 8"'f",,......,',\:...-' f\' I" " ..,11) j <;;:.....-~.../~. .\l>J-{~,~f ~:;.r'-' 1/ lJdh " 1'.- 11;~.'A!f' "~. L-'I"} , 'I\., ~ : 1 .:;\\1~,i:,.,~ '-', //1 /1" ~,~ I ~,~ ," I ~" it, ',I 'I l ~', Ii~~ f ~ ';:.'~,. ./ / l ! ", I ':~ ~ ~ "''''<;/ !Ji' ''', h tt /""":,,-- / ,',) , .~ / I~.. I " ", ~~ "l':--v. ", r1 " /" ~ ,( z~ , .' I. Ii' ", " -rr",.1,ii'f. ','- J-, ,"''- I~{; 'f,'i li I " 1;' \)(;) 'liiO"- ~N n:-& Cd " ro, ~-' ~'g , ~W' ~ ~'\~~ ? r.'~ ~ r,~ i;" ;= 11 ;@ : '53 r! ,.,.. Ii ~~ t'j ;~ !1... "'''''''' . 03 :~ ;,...,....... iH~ .~.o ~h:g .. i .'8@~"e'e@(>'" ! r;, tg Eo 1 !lllllll"'1 ~~ l.: t "'jlllll! '1'1;.,.", 1,;1'11'11 ,11ft ,I ""'1'1 t~5 I Ill' " ~~ ~I I Ii' It I, Ii! 'i! l' Iji/;lf'11Il;"'IiI' ;~i l!!',I,lljjlIIHlilill ~ ,I. f .lh~ r It t~p,tl.tl; ~~ FUt" '11'111"il'II'I!l!,,!.! 1"IIIIo','.)I,!". I I r' ", ~ t 1II,"{ 'I' H ,. ~-' - ~l I .1,1 11!'I'!!.ll'!"! :'1- , flti~!'I;j:!:! '~! I 'It! !',Wii H !jl;ji,l lilij'i:l;l!llUl" i~ff It ~~~Il\:~ ~lh II - 1':1' ii;n" I illl III It 1111"",h'l d.*t" ;'ll!<I:'I'l:l~ . II I .,- ~ ~ I~ ~... I:,,~:;l;:!-"t?t 1 I' !I, lit, r", 'I,"I'! q\{ ~.~!n :H," l}'l-~ . ", I '~l' '~...~ ..~.. . ',' , ~~ of.;;;.... ..~: I ! ;r ':,>> II. Q,J' ~~~ i1€ + IV"l ?~';~.jC1 !""i'Pl'''P'' ~ J:! -. 11 " .! " 'I P, " ~~o.; !;;~>l~~l5>-l \ ;lj [;' s; ~, r. !l! II! ; ~B"Il\~~~;!;~t:., ~ ~! !" ~ . ".. , , " .. 1 '" , "_.,......~,..._.,_... ..... .,.....~._'..... "....~_,_'.... .......M.. ".... '"''''~~''''''''' jl'))l'l! '.~-~r~h i., ,.'.. ~ ..a.,)" i;ilJ11 ~!hth ~~\~J~f J'~,Pl~~ ~ 1. j~: ~ 'Pi' 1'~ . : ~ .C ~Q ~~(j) .. i! . r : ~ "'~o"'-(JJ lp~h;o J'21<0: n"~' 3: o""uoc h~':t~ IH!iSJ ij .!'~ (;) ~~&,i"o ;;il~~ ~ ~d8.0 .- gz "l:~ 3: ~.g ~ .- . . CI) S3'-3 ~~ :": ~<:J \3'>1 ~~ 'ti~ 8 ~~ .,t; it 1 tk ~ ~ . . Iii , , ~ " , ~~~ ~ C()::? ,~ i: H, lii!~I:1 t ~!' ! P !WI ! "~~ j'~:1 n lit. .~' :~;,) ~I i' ;;-1I:~.~~~~~~ ~ ~, !'t ~ 't~~s.i j" l'A - l i ~ ~I, ~< j': 'I 'lll;l"i~lk' ~ 1 ~ 1: ':!:..fi I.... \ r.... ~ "ll; Ai ",:i~:~ . {"'1 ,,!<; '11"" I., K"" Nl I !',I;:I'iillI111, (!k~ h;;ili 11~!I:; ~ I;; ~~ ;:!,~ 1 ,- ~:f 11~_':;Br,.'ir "I "'1-'11' hl-lj'i ~ ~p.. ~ ~ 1" ~~~ .a~t r'''iI~ I · II"! 2 t ~li ~ t:! ,: lI'" ,: ,1 "'l'~' -j\'~'l;~! ,; ,yl! !~:!' ~ I :'5" ;((\ !)\i,'!l~l% !~ t1> :jf;;li t rtfil I i ;,;~ r", :", "1';'ll;;' I ";Ill ~~" ,1"" '''i:\'' ~'~; >!~J 4ill,1. i~ I ~'i I . ~.~~~1~",~ I II.J ~~f : .~, n~ , i ,l'I,lll, [I'I~!' I !1, ;ii", l f:~!!~~l:.j ~ ;f~W~i ~:.,~ i~~~ ~ ql,l:!;; 'liI!'l ,~"', '"" I'" 1'1" "l.... :9 Vi a.... '" .{J..;-...,. lr'~t "~~ g;l;i U~ "lIp f /'-~,-..~-:....~., ~~.~ ~ ~r~~ ~ h t~ 1"-' "i!,~ H ~ ~--~ ~~ ~l~ ;! , ,~ "~ I '! 'I' ..~, ;ltC~'~; I ,i' i! i,j .:.. ~ ~ f~ ;t1-, , ~' I !J~ !' lIt I " $ .- \,/ I" "",If '{ ..F i ~ Kf ij,,f '" (;:, h ~{~ ~! ~l:l Jh} ~ .~p.' i~! K W ~~ . N~ ~; k ", " 1 ~. , ~ p, " .?.}. " .~;:J:iH ~:l ,.:, ,,1" ~H!'~; ~~~~ii ~~'!n~ ~:~~-~... ;!~i~.r.' i:',,~~ 'I\. "ji!'l ~~~i" H ~ ~~11 ~ j;:~ ~~ ,_ <i .,~ ~, "".::-' ~H! i~ ~.~~ ~~ ~~4H~ ,,"," , ~ \. 1:1 ". ~ ;L~~; ;'i~~h i ~::. ~ e ~~~~~~ rhi1 :: '~~r , g :G~;n Hi!"'r,Hll"~~~ipl~r H I" "'I'"" .,,1-11. ;'.111 ",I 'j:".a'l-' 'I";>'''', n ll""g"i""ll' , "'j' 1....1. I ~I. ~ ~ !!. ~'.ll'~'l!;, t't"f~!s"'~ d:~ "'!ttl' "~qL h~tl""!.~Fp"~' ~a' ~~~;~i" H~::~I~i~ fi~!;U'. l;!J;~, Jl,lih:H!!:!!i:l1 ...~ ~ 11.. ,'(::'tf~. I" =- \ " '~;~~l~ ~lFJ!lll~ i;lf!F ~'~!~~r J fl:f~!~l~'~ ~~j~ I." ~ '!. ., ~ ~ ..... !!.l 'llll:' 1"i!i~,h-ll'Hi!! 111;;" iil;WPlil'l'i'jj; !~q'ir jh"'ti~~~tlth l\~ .. ~'. {l lfJ Ill~"" It ...-\ "~~;'ta a':iht~f~:i'llll!lll '.:ri!"~e~ .'1)1 :'~ , ',h,:t l !~ltl>~~ h!f~fLit'~ t,~i~:;!; ~~.. i;; :~{li!"'H':.~~~!~H~1 ~~~tl~ ~~ .1ii'~2b~.i:fl" ;; ~ ~. "I. s.., t...,. 'l!!~~~ Iff ~'hllij...r'';''ll~ ~l ~,~.~~ '~!'l'!~ Li!i"~ I" ~ g' ~ i I "L h.fil"'lJ ~ . )o~i~',,~ ~h~!1'r~jt"'l!iH~ ~"~l~~ : l~ff;~~' ;1{ : ;;:t\ i i ? r"~p I ~ !!.~~i ;~~'3 [~6l1~H~ ~'t?~';: ~.~ ~ ~ ~:! ~~'~',,,. ~ .l'~" ~ :"~ ~ ~ J' 'tHa ~ '; ;I'~~~ ~ ,i" ...., ~t 1~~~~i:!'~1jl':<J"'l"''''~'''''~ lI,~ .'~ ,..,...~~'".. "~';'_ ..~.. !'ol~;~ii~, ~~~ "'~ "'il~' !l.~ :l~ ~ ~f.I~q !',i:}t~~i~~~!~,~~i:~~U::i~~l~~ "I I ~" 1 -'I'I{~.. ~l<' ~k~a. -~-,:~ (,';f~t'l~ ~,~~~~~~~"~ !~j" ~.~ It~ :~i ~ ~ n iH -.,~ ill!~ ~~t,tr. 1--. f..~~",\!.q:!i'~"';~~'~'''~1i'~5~" 1lr,- /~~.~~: l:-,~ ~,: U ~i ~~ 1n ~~'~'~1 Hr.'~ ~!~~'111~~:t~!I~I~a~~~!!=;~1 ~..~;l~~'~ ~!Li~d b' ,~:'lg :~~li ,....~~~ k','~~ ~~ ~~,t;{R jl:J ~ ~!!,$,' ., s:i .t; tl f;~ ~,~ 1 d.",:~a~:t." ~1 ~11~ 3~':d ~!l~U "l~;I~;! h ~a 1, ~ 1Jh l-'I ;'-.~ il:~ "., ~~,;l ~J~~lali\.n~tl~,;~n~l,.~~J~~: ~"i~ :-"l""ii~~"i~i":q~""la~~'~~'lt l i, ;~,~~~ [~~ ~:)!~ ~.~ ~; i! :~~'\,~: ~~. 1~11"~!~l~I~~r~ln~~~;~~~~~Y i "'~l ~ ~ ~ h: al"~'j!l ~ iii:'~ ~~ a li'~ ~ f. ~ ~.;~' ~~. ~h "'~r~h,;~~~'~~i!~'i;:;lra:J:?~' '''.hh'''l',-i, ,,' '.""1 '" - ~''l'''"iI!l i~~"O;~':,,:~":;Il~~ ~~1 l',.f~lifal', ~~~w'"II~~lbia I',' .d:.. l:~lt"~~~",~l"''''I''<'l': ~,~. ~~~il~IILt~~l~l;ktl:i1~ll~~~ l~ ~~:-. &~,-~ I C'~I' ~~ a~ ~~\ ~J:: t'; ~ ~;i i il~li' l!~"(;"~':_~'"~;: Jt~""I>q;~ ~~ ~ J"~l ~ l'll! ~!1" "- h;,.~~ '.iI~~' 'n ... Oi~ ~ Q a 1'~l ; _IL..,., 1;~ :~l . l: ~;l:.,~. ~:',hl:. ~ ~" b., '" ':,i;~ : I; ~ ~. i ! !!i:~ ~j l ~;. l " ~ ~;~ ij;;:~ ; .fl.', h~~~' t~~H ?~h~ :f ~ ,.~ ~ j " ~ ~ ~~:: ~ ",i,.,a ~',;;i'~ g~!; ,-ru t "''''t ~~ ~l:;"d I~ ~l~iiV P l~ ':l'!n~'~~l' l !:op," ;~~,j~~:'H~"'I.~ia ~..~';.th~ ~~l a' \:~';" H~:l'~1 ~ ~~ ~ i} i ~ ~ :$"l1; ! ;hi~l~llii ~ ~ ~'II,~pi~H) l:~: 1 "~b~="~" 1 l1~L'''' 1 ll- ~..' I ....~l'ttl ". . 1~la;",.~i::;hhJl=;"i51."i"~ -t~h H~~u 1*:1: ~ "~f~i"<~4 3t.!;,1tol"~i& i3:' ;;-tii, l" .lleJ ~'J-~ _J h~l~~:;;~~in!~~q~~l~;:, ~i~~i!:~,t t~li..~" d~ ~~h~~ ~qll ~i~h:H:: ' h,~~l; 2~i~,n1t~. J'bf~,;,q~~.fl rti'~'~at ~.~t~l[~~~~'~~ ~I ~;I~t:I~I:.;'~iil~!rt~l\ \tl;~it~:111~l,r~ ~"'l"'~d_<l'~k~ ~~~~~~1" ~~ ~l"'~jb'~!"!~~,,~ ~\i- ;! ~~~~ ~ ;~.;3 ~i tl'!!;hi1g i1 ~ Fl i~'hl;'~~~l:~ ~1~:hh~~...{:~~~~ ~~"~~~~ A~i~41t-li;~~~;~!'''' I ""'""~I..~:tl'il:l"-l'l~'" ~~~! it ""i:lJ'l"~"~ :~~i~,.-!1~~~~b,~ ~ ':l" ","'1:: ~ '\:', ..Oul!;H~.~q." ~~'''1;' L3anlt~~<:"'lf~iL!i~~ l\t,'llJ!lf61~ft~~*t;:: ~ ""'~"l;--~lq'" I~''t ~~ '''I .! 'lIJ:!"~~J i1;l.~;<:~~J~~~t.l,'~~~h..~ II i'~ ~i1Ci'~1L~~ r '<J~ ~ 1 ~;q ~ !tll'~ > 11~; "I L I; 11,1 ~ 1" to;; ~ r ~ ~~ 1-1 1~~tdia1~r~~I:;:lrl'l:~~ 41.~.Jill:J~;.~k ~p~ lq~ 'i~~.qi..tt "~1.i!" ~1"1~1 ",~"I "~! !~1~?~~:~~",n1i:~ii"~Hi~ ~ ;~'!{Fl;~~~'lh~ , h'l ;llp,.ti! ~ ~ ~f ...! ~'1 ~ l:~SI t i"H= il ~ ;~. h niJ'1 ii~ ~<.h ~q'ii'a.h~hil"'l ~ U ~'!ij ~t~i~~3:~ j I"_.~ ~;.b~~~~~.., ...i'l Ii !~. ~ tM!"~~~ .. ~ :.: ~ ..!t....., 9 !~ "~;,! l ~~ ~ H ~~r-~~JlI~~~~"~ ~;;~l!~~:IIHa~:: ~~!l-~! .,~ i:"~"~!l ~ ~.. '- !"'~' ~ ,,' 'j:t't .Iii. ~ fl:~ ~;i 'I '. "" ~ j!;~ J" I' ~ t;; ~'f~' a'.'r" to,: "i"l'h~'J ",l(!l~~,'ta~~\H" l ll'"..I.'l,,'J, , It,~ ",1 " ~~l~~ S~~';,~~~~~' ;r~~.:. J'~":lh~tlHla~ll:: u~~~'n1!-~..5..~~,l~ ~r!~~~F~~:~'~~ ~~ ~.'t;r~.~q~)l~ ~ ,~'l,"9~;'~~~~I. , . "'" I' ~,'> ~~1" ,,~~.."f~:.~ 111~~~,M;~~~~;! -- j~' lf~" II ~" '" !:~[~;iH~~~~ ;."fl:i~j;1!-"''!.'I;: 'j' {" i"! f;~:'I~~'~ ' ", .. ,1, ," " ,~ ~ Il~~~,..lij~l\~~ "~l~!'F~ "'Fl'. i~I,~j"'~ 'l~" ~'~~ ~r ~~ 19~] 't~~~ F:l~H;{~'~ ~,' ~ '::1 ~ 9"l~ ~l;1 ~!; ,1 ~ ~,..l;~,:! ft ~!'.:l ~~B ;~~ "":'~~ll" .1";: ~,~~\;!"1 ~~~q '. ~"'3!c"'~~9" ~i. "I,l, ::ht,.,~~ ~"dJPI ,,!...~~;O ~~"'~~i1 ; '. ~'1;j I: ::.t~'~'1~' '~:' ~ i ~ ~ :1,A;i~ .:~,'ftr S :~~f.~jiU~~~~ijl~~~~[~I~~:i~~{~1 ~~1~'~"1;~' :~~;h~ j,~~ ~ :t,l! 'l!1, ~" ~~~,...I!tJL,~~~ :l:r~{~i, ~t"l>!; ~.~ :~~l";l I,\t;tt:ll',,~-..,' ;~~ll~~tr' .~ ~ .~, 1. !I ~~ ::l~"'.1;; ~,,~.~i'~ 1~. n~. ''''!''''J;', ~ ,~. "'l.''i''l.,,~~'1 "~')1':' (~j1! ~~n~ ~~ 1l'l'j' ~n~'~~ ~;l;~ i~~ 1 ~ ,~;;~ ~~il ~~{<':'\. ~ Ii ~,~ ~ ~, ~i. ",~ 0;, I ~~':I~""<:""H.~"~.P1;nll'l .:t .~~Jl~'~';/l,~~'i]~5Ifl:i!~~ ~~ :};,~ ~~ <! _ .!) h;,~o ~l~~',jt,~, f; ;"," l' l.: "." l'" ,,,,.11',"1,+ ., ~'j" ~--"~l S d"~~ . ~. ~ 1:,1i'~I~i'i*~~I~;.~11 .~~;~~ ~""I~~~'i~~!lq~Q~" 'f~1q~:t,1'.,~~ 'i~"";j~~":;~"-~'~r";1'th~~ il'i ~ ;.;n~ :t.~ ~n !t,' ~~i~:;. ',~ H1l1~~!~ . , ' "" ~'. "ij q., 1. ~"n , . ~ ~ ~~n;i~.,lf~.i!~~~lJ~h~5~n;~ h~ I~~lir~~'~~~l.:~,~ ~~~~l~~i Ioj'" ~~i!.~ ~'r.-"~rf;;~~:l"h (~'" ~~~. ,1' ~ "i l;~ i']~( ~'. 1lI'H\!'W',,! ] ~~:i ~l" ~ ~ ~,~.~~ ',' ~'ni~t'i:'ij~\!. \~~ r'" ;l'l'~ 'I;" G H~ ~ i~ ~~; ~~, ~ tr ~ ~ ....j~l ~ ,H!~~" ;~'d'~ !~U~~ ..1"." F.~ ,l..t ll-~.a ~ l ',;:i i.l~' ~:l. ~ ~ ,".. ...~" !; "l~ '''q~ ~l!'~"-~~~~t~;~;~ ,,,,.f,.,,,,,,, " :~i"-~~I~~~~"~\ 1 ~ i'lr,..l, ~ ;lj 1U~1 ~ t,,, Ua;;"';'~r,~'.J:~~ ;fl \~E~~,r~J;'l1 ~~; ~ t~~2"~a'5l\):~ ~)~ ~ '4: 1 t,~ '1 a;, hS'~! "r" I~ ,.,. 'J"': I"l"!;;" "pt : ~...~t~' ~~.it ~ 5:~i h'~ J~.l :'h;! ::r"~~II~' ~j~~~;':~ ~-l '.1.\ ,I"i, ,~, ~ ~-1\~~l .. !!.,.~~ i! :t:!l..,. ~lt~if'l ;~~:: ~i"~'1it~'~~'lI' 'I I '.."",', ~~ ...~ii J. ~. ~~ ~ ... :i"1~1t"!~~"~ , . Im.l!tg'J.Jllrm!ilE~::yt:; ,. mmm ~~~I'~<h~ :lJi~:~,.~ i ~',. '" ."-;; ;.' ~ ~: l ;~: i' ~'1.1'l: ~:..~ni",.;;ii' ~~;!l~'~'~~l\ ~~~~~~2~5~ F'< ..:'d~s ~ 'ill'j ~-:! -w ~ ;"'," "1'. i , ~,s" .. ~ , I' ""H ~~;, V10 hH~~"'~;: h'lg' eH~ ~'''', ~ ~ ~"- ~~ 1.1\ ~ ~,' li': l' ~ :1" ~ 1 n ;! ili!1ji~t If'~"I~~l~t~!'~lt~rtt~'~,rit~1 ~Rfl~a"!~. ~!"gt~,i~~I~!~~~'~1~5 I ~ ~,.~ ,r!Jt~ i~!l.e ~~ ~~'l h l!.''' ~1 ~,~ ~ ~.!tJ ~ .~ i~;4'~""i!f~I~'ll ,'.~i~:I:I'~i~:~' I " -'1' "- - '"'11f ~. . "t !;ll" .," "~ ij " ~~~. "!Pl !-~~1~~ ''!,i~';;~Fl~~'~~ U ~E'13,l.~, I'lh,a i'h~)HA' ~lh ~.L'!~,f,.. ~ i;;II~I!Jl~I!,IlHiili;K~:d~ ;' "ts ';j ~,~ V''!~;~'l k~~ it ~.i' E ~~ ~ H l.P'~ if ri ~I; ""I\.~'" t~'~1 '1/;'~~ "ll"~~p"" ij~" 1t~ lq~~;; ll~: ~;J~,;~,~ ~g, ~ ~.~ h ~ ~r~~,J ~'3 ~ U~ ~~j-. ~~~ f::',"! rl~ H ~: J~'~ ~ l~ll C 1: ~~,,!j,!1 "Ijd~ ~H-~lf1"'!~_'J~H:-"~"la l~ [;~~~~~,h~iI,,,;~,'t.l'l~. ',r~~J;H!~~I;t~ ~; .~ 'j:'"~ . ,~" ~ "-')'~~I!' "~'''-., ~u h ~,9.H~I~ ~ '''-..11~ ~ t 'J'~."';; ,11 J ~ '1~.~,: 1~ "~ I 1J 'I n ~ "a _Jir' 1 .. II "-, ~ " ~ 9 i! 'I ,," ~~i'i.~l,'!.~k_ii!i!~~'lf~~~'!.~;iHh'}>" in Ji~~'~'<i' qHPl~ii'~~ ~.Pnt'~~~r.!~~n ~'\ , '-~':"'Yll ~l~ ..~~ ~~t.il'..h.~~!I"h~ t'! ~~~~i':h:L":~'~~~':~J:'t~n ~t~;",= 3; ij,d~1J.~~'.-~~!;l!J\I.'''{!: ~B~~.t1-lI.l~h .,~ In, .i!!1~~il""~~~~'''''' f~r~~ ~'r ~" *~ ~'!.~ !. 'J~{\ ~,q'l' ~lp ft~"~ ~~ l.l ~2 ~~ 1. ,i~.' ~ . ~"'g" ~ ~ ~ ~!~~ ~;~~ * ..~, 11, ~ a .~'~~ ~~~l p~l ~~~~ I, ~ ~ 1 ~: ill; m: ~ 1/,.1" ~ ~l, ~ jj;; a.;R l ~ ::.~ 1 ~;~ i:'~ Ih~ ! ,';~ l~~; " ,,~ I111 ~~ ~~~'i~ ~ ~ ~'U~ "s ". ~ l~~!;!i I.,.. ~~ 'l~ ;;:~ I. ~ ~ ~ "II ~';1 ~;~~~ :! ~~!<g, '''r, ~~ ll';" ~~ 'I~: ~ '.~.G", i~H ~ :l~ a ~ i,ll! ...... 1l! l1,p.l' I'; pj' " ..~ or -1 ;:~ , ~.: '" /4i ,- 11 ~ \ ~{ (~r ;' g n , " n ~ ~ I Q . , !! ~ li " 'I \'e " ~l ~ Ii 'I,-J:' fl\:.;~,~ R'J", l'h<.'"'' ,I"\t !"~ I I ~ M , , , , "',,p " ~'; it[t.i.' ! l~l , '"~. ;i~,~\ ~' i j l) "~,, 1',' ~ ~~I ~.~~.:.J~ .. !l't~(t ~ li1 l~ ~".l ~,~ ~n~; ;. ~ 1 ~ > ~ ~'~i~ ""'o1ll:. ~p~~ !ij~~l h~~, il'" ~" ~'i":'~ ~i"'lJ~ :~~ a i ";"'1 ~<; ~ i . l,i!' t';.t1 "'F'"! h!ij~l'rt~ ;l;I'i";~ ~ t1~ \i~. ~ lijh J~ 1J " ~. ...~~ ~ 09 ~'tD ~ 'l Ht~;':!.~ ~ ~ 1 c., ,1 . "",.,-.." ~ ,..;~~, ft';:; y~~~~:[;, ", 'I' ~)> h'<u~ ~','Ii F~~~ l ".~ 'j,'..l' ~If~~=l~i s II ~~"'~." "'H,!, ~ ~ll'i..'" '" ,~~l~'~i"" r. ,hl."ll' r'!f~IF'li "hi' ,h Ij"" J ~ ~ ~ ...1' ", ,~ l i:~ ~ ~ .ilJ, l h;:'''~i3l P:~q'~ "ll'.o}.. ~~if:.!l~'~ft I ~ t ;: ~ t r ~ !~~ ~ E ~ 1 '1, ' \\ ~; j Ill, ~!, , .,"," a. " JI'l~' .. ~'\ ~'~ ~ :.~~ I . ~I" tf -," '~ ~ ~ \~l I. 00' .,.i'! ~ !I ., I ;I~lmn~ ,,,~ l!W '!.~' ~ ~ ~ 1~ ~ \' l"i U''l' !ni ~ [~" :\:J'J ~; ~: " '" ~H ~ . 'I -" a~ ~\.~ it'" ~p ~: ~' ,,~... ~ . 'I 'I" ~d' ;,gt ~~'~ . , ~ fi~ri;~l~~ ~~J~'lt~t~ 14~i1~/; UP;~{i/P~~ ~~t3i~~ ~5~~"';1~'~ ~~h~~~!' ~~~~i~'. n~ t~~~~;~} ~ch'tj!~!it Ul.ilj ...~'l S'll1~ ~ .~ li~~ 'iiH.. i~q :~~~,H. :d~J~iL"" ;;Sll,h::h" ~'~'~l' ~,:!!' lU~~q'~','i' ="~f~l 'q'~ :;~..'J, '~p,,~.~" ~le II.'. ~ ~~"1~'" 'H~'~J=!~ i~d~H::tH ~'1.'.l'~~~ ~ ~ ,:;:'~'l:rl ~" ',l~l' 1.~ph~..._ :J..~"M1. 'h~.ti~'t1f';- ~'''-i'i~~' a~~ ~(,'!",~Slf~.~!i j"~I~l,ti~:!j:. H{~~~~;~ ijlil~~i'ii'~~' ,,~2l:J~~'l . ,~,~ '~51 "I'" ' h f, q ,,~.'I- ",; t"' '~}' :,~jJ;~ ~6~~~~in!!.i . "l~~tT &:l~:;q I :;, '''',;, I; .,,"1$ I"~, :i.3~ih~l~ ~~5~l';~H~:l ~"'~~"'".' ~ tOl';;- ~l ~iQ ~H,~~ ,~ II;~'; '~II"" "\"~~~ ;I"'" .. ;'lr~l~ ~,~~ ~,~ .t~ ~.~.~ J.H~1~nJ ~'~J~'H~ jl~i.lil~,2 {~~Il'~'i~ ~~f~~fJj ;=~~~~~ hH;~ ~~ l'~'t,t~,H ~:~ '~~i ~~t~~~:1 ,ll~2t~,~~ 11~,"M,M': 1l~ ~ ..\, 'I, ,b '.~ ',~.. h~~l!?~!i: itP:'~~:fr" '1<llh~ e "~~i!"~:;H ~ ~~~iH~ ~i~~'i~~~ '!'~3l;~; (:lr~}:~ i,ll'l'~~ j~u~.~M~;1 . ~ ~ "... M. ~ l . , -, 'l'",. 'I''''.'''' ~1~~ ~.~. 1 ~~~"~ ~i~~tl;'l~ ~r~11~1~~ ..;ga,~'lt:.~ ~:!'~~~> ~ .l~1l' .l'~l i",)~ ~~~!f~ ~.~ i: ~;i'~ "..~;r~~~'~ol "'~.nl ~";'l ,'Iii ~ ~; 'I i 3: .~ t ~l~"t1jl\~ ;.1-~~~1l>l. .....~~~~\.., ~r 3;r~" ?~~~-~Il"a~ ~~,.Jh~~ ~~:!~~""l~ ~~",,,~~,: ht.;1~~1: 1:'. ~~'... ~ ~~ ~~ ~ ~,..,~~ i '1,11,~~~ H;~~'~~ 1!~-'1 ~~~..~,,~ ~'~,1l; ',.... ; i;~: : rp 2hl! ~"'~,, . ~.......;:<~ h'i:~ :t~~;: ~] t t'~ ;~I~ l"l~ l~5 '~~~UI8. ;~ II .,;;!.\ ~~,i ij:: .~~ ~H~ ~~~ ~1~~'~'f~; W~ i~~ m;Wii ;"t! ~'a ~lp~~D~~ JIll 1'1 !ll!ji! f> " " {!'~ ~ ij~"'N ,"~,; , fJ... ~ ~, ~'~\,~.~ ~j f .. ...1 .,q J-j ~ oi~H~l.~ ~ ~~ ~ ~!~~::~~' H j. ~ !H'l' ~~j " '" ilS"i,: i I'it '; ~ ~.g ~:~Il ~mm; R i~~:~!~~~ I ...~~~,~~,: , Illlif! ~, t ~~;; <: ~.~ ~ f~~~I~~~~~'l\~J~ ,,': ~I ~ "I ~~ ~ ~~~in,!;' PI,I","';'" ';?~~~:;d;~r1 i~'i~ibl!l.! ~.. a.~.. ~)~...:; 'l:','" t~Ji~t~,:~~~p.;.-. ...i!~1qn~::t~!:,~~ ~~ ~.~ i~; f~; 2; ~f ~~.Of'1~1.1.".H ' '.," ~. '. '. .,t ~.., U'~ ~ :!ol'~~ I ~.~ ~;: r l~'l~~ ~ ~~<"';:.~i '''l~~!:;~~~~i~i~ h~'~i:~{t1<:J':i h~~ ;,~;i~ ~ 4~;~ ~ 'I ~l;~ ~ \ ~,5 t~',~:~ t. '~i!!~,;Pd~~h~ ~. ~:: i ;:, ~ ~ ~ i i" is: a ~,~:~ ~~ J'l.l..<J;:! '! h;)t"''' l" '''''J ~:l.M~,~? ~~~ ~ tv ..., ..,~ ~ ~fil ~ '..;~ ~~ c:; !:1~~ ~:Qj "",~ "i...", ~~C'l(?l ~!Jl"':l~ t;,j~~~ ,,-'<:...;;:: "i<:>!;j'1i 2gt:j~ ,,~'<;- ~~~:... ~r;;~~ ~~~ i::j<::-. ~"'~ ~~ '" ;:'18 [oj"" ,,~ ~"" "ti~ 8"" ~ ~... ----'......~,_~'.'~,....,.,..M,., ..",,.,,_.... /~~ ",' ., ".. "''',' "",...,\~,"" ..~,.... .~". ~., ....,-> ~'.. "..... ,~-, ..~ "'"., ,".' ",>~ ...-~ g~~~}~H ~ll~! ~ , > :f. 'I' ;~ ,00) o . . <l1 - p~ " : ~ " '"l.'VCl- f.n :,P-Ij:;-.O ....0.. :r: 1~;g.t:3: IO"D(lC I ~ ~~i! IA ~O:!I~Pl O~~ ~:u v~t:1 (;) (l~~~~ ~~~~o '~93~~ ~r.~o :I: "'<Oil p~ 'I,~O _ (1- I' f;. ;:u CI) c-< 1:i:J'-3 ~~ ;':i fJi2 \3 'J ~~ " t::l 'tit-., 8 ",:", t"" ;b..~ .,;:; ,,~, ~. ~. , " " ~ ~ '0 , ~t~ ~ C()~ 1_'I,I,1;.II'I"II",,,,,;,;,;,j ~ ~ 'ih~~ '~, ~P"'~4~'" 1 ~ J ~ ]~;~~~~;!'!~f~1~j~':,B ff ~. !'~~"1l 'll~~jti')!';HL ~ ."..':' "r.~'~'~'~~'il~" ~h':'~~'I_!lf -, : '( t.:t!~f..l~ ~~:~"~-i~'~ ';!.~ '.,:. ~ ;:Ffl'~'I~~l~ ~~~'il:~~~" ; ,1 l!1{i~!I'!~~ ~(~,,;q t h,,,~~]~;':l .rf,f] ~l;~ '''''''j..,' ,.,," .' ~ ~~p,~~ ~al~ '.A .l"':!, ~" ~~ 'i;~~'~,~ '~~;H ~~ ~i' ~~~t ; U~:I~'l f~ 'it ,::-~ ~- ~ll~~~ n ~ ~ t ~~~~~~ ::~ a~~' , , " .\ I~ ~" '-, ", ".''...,1 ' ,,' 'I. ,\, , '\'~~l'I,,,:' ":;'\ ,. !l, . \:.. 'i-.., I '". 'l~t'u f:i: . "~S;~ ".~~ !"Ii i .1'1", !, /ll:~/" ~~' 'ji t! ,", ~ /:,,,,,,,O"! TTI 1'1 'T'T .'..,-,'P'l:lfH' .1, 11" ".. t" v"I"" "jt""I" \1'1" \ "" "1"" "~'bt' Wf :'f:f ':" . '> ~;;;!;;;; m; '!i ;~; :;i~\l;~~;~~~~;l ...~, " , '" ~ .; ., , ., . .; ,.;',~ '.' ;; '.;;; ~. f:J~I;-':. r,~?;H"W~';~':~""'""'i""'" r'\;~i~(!:il~~~~~l~i:'~~ ,!~! rii~'i~'''{!r'lt('Tr((i'trrTrr~-:!. ~~ i""" '8'! ~~ 1~ .~ ~ .;;;g: ~~ fH~ ;H~ i 1.....1'1'1"" .II'! '!'~ I. , ~ii' l' (,.. '1",,,1,, .', ' , ", . . '_' " ~ ~ '. ", ", ", . . <) 11'?~{~?~ 1.iiJ r!~'.!i~jj:t:.'~;; " r "j""" ',,,.. ""j :l~'~ -.':<l~,'" ~,.;.: "'Nr"'~."""l,"'" &. ;;. ~~,j.:.,,; :1;.,..;.~.,lf\:I.d;.0..[:..."j; ~~fj;jl\ ~ii';;~i~ i ; i j '!f:i Jui,:;,~ . Ii j,~:i \\ jib j~ ;!1~~f!fll[!~\N)';~':' rir;r \p:I~/{[.r'1!~Elrf:rrr!trYfiH'i i " r~ I n '^ r. ~ ~ , \.,1. _I , ' 1\ I r-'" .. "'1 "~I \ , f..., ........", " {) ~'-1 'I I ~:::,'" !Ir,I.A .,J~!. :;;~ I '-l't~ ,,",.~'!\'j," ~, I \1~.I_..it , ~ t ~, /" ,,; ~, . '.,) W"''^1V:1 ' : (.'W; 1) t !I'V' I -: -' ''t~h ..~- i "t, j >lkF~ '. 1 .,! ~.~'1f .J",.1'... ~.y. , ~ tl;h :\ ''!-...-t~~ ,~ l"\ .'!-,. '0; ,,' :::j w ~ ~ ~ f'J ,. " ~ :r 1lliO) ~r, : ~ . 0 ~-= ., q~ . "n)'Iii~) UI ~r.d;'~~~~ -. .~o "'3: I 'o~g~c i ~G~,:~~ hrShfll Ig~"~R:U 1ii~~o;,,8 'lQxf1c;;o Qcii~ ~ 0 ~*ggr1~ ~~~~O 3: t.>PIl'.OI ~ r.'l~~ r~ ~ :u tJ) s:: ~"'J '-'~ ;:; 2j<:J <:J'>1 ~~ , ;::: 't::; '1:1 8 ... '" 'l ~, ~ 't1 C) ~ ~ ~ i I,: ~' ~ ,. " ,,, ~ ~ .~ ~ ~ / ~ ~ ~ ~ C()[i ,-., /'....... ',~ ~... ..," .''',. .,~" / ; ,. ! (..- / ~~~ ~ 1N ~ oy \\"- tv p~ ~~ Illltffi "~ .,~ 1~ ~~ ~~ ~ ~ Aii:!;aj i~ . ;1fi .~~ . ~1 o ~ " 4" !~ j ;;; a . : . n .'). ~ n.,.. ~~':t~ ~~~~r ;?,~,- ~~~.. tl;iiw!:!~: ~~lU li",:' ifj~~~. ~~ ~~ :'1! "2G;:!; ~~ ~~~g 11'~I?g,~ ~~ 'A~r~~ ~!~i~i ~~ "1~;j ilf"~tl~ ~t: ~H ~~~1 I. "".". "-'"'''''' ".,-.. '" : ;~ iffi "I" ~~(t\ ~:u \.)1 < n ." <:;, . r '1'1 ~ i~ 'r!,;";;~:~ ;;c;t~":I ~-+";;A. :c ~, Oh"lJIC ;\1!'~'l':;'i'GJ '~~O~lI>pl i.!'. "Olt~;u ~ g~:~~GJ il'I~VII>O Q~illi~f3 tJl\>~F.1Il0 v~;;~8z '."J>_ 3: W~~~ ~ to (1- fTI : '" er, <:::' ~'-3 ~~ N 2i<:J <:J",:! ~R-- "'~ 'l:J1:--. G . ~!,: ~U '::,'.," "1:'- "'.'" ~ :i 1::\' i.. :~ ~ ~ :~ tJ~ ~~G !;:<:<;~ ~~<;) 1;J1<> " :1'1: " ~ ~ ~ ~'T:~ i ~-I}) ~~.... " " C()~ ,-" ..../ ,..'" ,. I~.., _"I, .. ." .' '. "'\ , , , \ ," \;1' , , , , , , , , \ l ,l . ,,/ tj,f, "1, m I is. .~~~ ;it:-.;!Q ':,;.V' " l~><i " .\t~'i:~., , " . I~ "'.1 h~ , "'>-l-' ....-,.. -.l~ :-:. ! II n!j:1 o;\.,...t' ~~~}]'l!r ;i,~~~ ?'l'. , " , ~~I '" ,hj , ,I it' j. /' I~ ~~ - ./"/', )' -~ . .. . J ~ ~,1 .p~, ~""> {' . t\L ! " , ~. CN (\' N " "' . i'..: n; , :i; , ;l~ , , ,'l . i': I , ,,, i , I , , , , \: .., ,; "~I, '?tr_; ~~ ~ -C'l I- I.... ~= f~ .~ .~ 6E .""" 9~ ilH~ ~!~~ .~" i r-. 'j " \_"v,.'"'' ",'...._,.,..". ",' ,_,.., .,._, .., ,~,,~ ",~ ,.;_ .....~ '., "1'~l:~:c':UJ .,r..lo~llI() 1:'J"_~1:I . O~Uo' 3: , 1ll1l,~,,~C ,~{j.:.~ G1 ~. E8~~rl ; 00 "ar.:tJ ~iL,,";'(;) ~6t<:]l:?O Q~iili~::n ~~~~N8 (1,\".082 Ih~lJ IJN'"1i 3: ~"...o !::! (1- PI !;. ::tJ "- "'t':i 'I:1t-. 8 '" "., :i !: ~ ~ 1 \I, r '. ~ ~ 8~~ ~ C()6; '" " ): i~ ~ \/t'\ tJ \..,)/ ~ " '" !:1 CI) S3 ~~ ;::'6 ~<:J S>~ <: ",; ;:~;! :; ~; :'~ ; :. i ;~ :~ ~! ~::)t ~ ~i ~'" ~f;j ::;j~ ~ "':-1 th:~ ~ ,-..., "... '-".-- _.~ !' j 1:\ Ill! I Pill 1'"']'111111 d 1111111111 r1 11 ( I @1I'1i.1r:1fOIAIHr;"'1l ;: f,!~'.' '_I i:;,t:~ ~~~ ~~]~ ~~ ~~H~~~'~ ~ !i":'Iij'Hi er,;6"fi:<, i!~~ ". ;:1 ~ i~ ';l ,.', ~~ ", :', '. " ~" "', il~ i~:~:~E;;;:': t l:"~ ....1.;1 n< ;', .~": . ~\: .'i ~" , ~o , ~~ (N ~ f'J !:JI JI is I::': ..~~ i 'HIE o ~ > ~ ;'j I. ." '. ~ " ~ " ~ y r-' " ".-.__.__.._-----.._...._~, -"--".- . o . , < . < . e, 0" ;;; o' Qui oi_ 000 ..~! OOVH010::J 'N3dSV o n d I NOISIAloans NIV.1NnOI'l N3dSV 'c .101 ii/IT J,! I ~ , .'::.~j~:';~uillliiiuliiiliii ~ ~ . 'il l ~l o h, '. I' z"d~l.l WP"!>! C)..o\I~~,,!il~1 ~ I II~ r-J ~ ~ IJ3MIS 111n HInos ! ! j j ( ,. ,,,' '!j " I -<:>~h . ........,~. ................. J ............ ......... r .......~'\ ........, \ I ' I I V i~ z <( ..J IL Iz · W X IL <')0 :J IT' ILL ..J <( z iL ,.. :i: :> => '" " Feb.22. 2005 11 :58AM HERBERT S. KLEIN, P.C., I CDolL, L0b I; IdAM ,.' "JIVlNIUIlI" uCHLvrlYlcNT N0.7591 p, 3 IIV. V b'Lf r: j J' ATT ACHMENT2 -LAND USE APPLICATION Al'I'LICANT: Parcel 4 Too of MU 1. LLC: JP Interests, LLC:' J.PRP River LLC and LPRP Mill, LLC Name: Looation: (above) Parcels 4, 7 & 8,-rop of Mill S~bdivision/PUD (Indicate street adOress, lot & block number, legal descrilltion wIwe appropriate) ,ParcellD # (REQUlRED) REPRFSENTAT1VE: Name: Addrc$s: Phone #~ Jody Edwards 201 N. Mill St, Suite 203, Aspen ~O 81611 925-8700 PRoJEcr: . Name: Address: Phone #: TYPE OJ! APl'J.JCA.TION: (please check all that apply): 0 Conditional Use 0 Con~tual PUD 0 Conceptual Historic Devl 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Dcvelopm~t 0 Design Review A.ppeal 0 C9ncep1nal SPA 0 Minor HistOric Devt. 0 GMQS Allotment 0 FinalSPA(& SPA Amendment) 0 Historie Demolition 0 GMQS Exemption 0 Subdi"li.sion 0 Historic Designation 0 ESA - 8040 Greenline, SUeam 0 - Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Blufi; condominil\mi7~tjon) Expansion MOIIl1t.ain View Plane 0 Lot Split 0 TempomryUse @ Other: exemption from 0 Lot Line Adiustment 0 TextlMal) Amendment expiration of vested rights . ExlsrJNG CONDmONS: (d 'tion of .. buildings, uses, vacant land exem tion from ex iration of v d riht s PlloPOSAL: descri 'on of proposed buildin s uses, modifications, el.e. " ., .'----Hava'yo1t-:lI.nached,the-follo1tiDe? - FEES DliS~ B l'rc-Application Conference SumtIl8lY . RETAIN FOR PERMANENT Rt Attachment #1, Signed Fee Agreement. D Response to Attachment #3, Dimensional R.equircment'! Fonn o Response to Atta(:bment #4, Submittal Requirements- Including Written Responses to Review S\a11dards O.......:"...J T:_A [..I. 1')'1 (l,f'leAu Feb,22. 2005011:58AM8AM HERBERT S, KLEIN, p.c-eNI No.7 5 91 062 P. 2r. 2 r" ,'" CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reemeut for Pa'VlJlent of City of Aspen DevelonmeDt <!.nnllcauon F.... CITYOFASPEN(hen:inafterCITY)an~ Pore,,1 4 Top oj' Mill TTr. To TnTer".t. IIC; LPRP River, LLC and LPRP Mill, LLC (hereinafier APPliCANT) AGREE AS FOLLOWS, L APPliCANT bas whlllitted to CITY an application Cor exemption from expiration of vested ri~hts (hereillafter, nrs PROJECT). 2. APPLICANT underslan<l. and ag1ees thm City of Aspen OEdDw1ce No. 57 (Smes of 2000) establishes a fee s1rUcture for Land Use applicatiOl1l and the payxnCllt of all processing fees is a condition plecedont to a determination of applic.tion compl_s. 3. APPliCANT and CITY 'g1cc that because of the oizo, natttrc or scope of the proposed project, it is DOt possible at this limO to ..cemln the 1\111 ClCtent of the <:otIS in,volved in processing the applicatiOll- APPLICANT and CITY further agree that it is In the Intac.st of the partiCll that APPLICANT Dlake payment of an initial. deposit aDd to thereafter pe:mUt additiona1 costs to be billed to APPLICANT on a monthly basis. APPLICANT ag10cs additie:ral costs may aeaue followiDg their hearings and/or approvals. APPliCANT agrees he will be benefited by rotaWiDg greater cash li'Juldity IlJld will make additional payments upon notification by the CITY w1ien they are necessary lIS costa are iDcurred. CITY agrees it will be benefited throu,gh the grealer oertainty of recovering ilS full eestll te proceSS APPLICANT'S application. ' 4. CITY and APPLICANT futther agree tba1 it Is ImpraotiQble for CITY staff to complete proceuing or present sufficient inforiDation to the Planning Collllllission and/or City Council to """bIe the Plauning Commissiom llJ1dIor City Coll1lcll to make legally ICquixed findings for project consideration, UIlless eurrent billing. IIIO paid in fi1!1 prior to d=ci&ion. S, Therefore, APPLICANT ajlrCe8 that In considemion of the CITY'. waiver of its right to collect full fees prior to I det=inalion of application cempl.lllness, APPLICANT shall pay an initial depositill1heamountofS 546.00 whichi, fOI_ houn of Community Development staff time, and if aotual recorded costs exceed the initial deposit, APPLICANT shall pay additioll8\ monthly billings to CITY to roimburse the CITY fOr the pro.wlng of the application mentioned shOlle, Including post appxowl review at a rate, of 5220.00 pet" planner hour over the :initial deposit. Such periodic paymenrs shall b. made within 30 days of the billing dale, APPLICANT futther agrees t\1at Wlure to pay 5IIch accroed coslll shall be grounds for SUSpe:nsioll of processing, and in no case will buJIdlng permits be issued LllIli1 all costs associated with case processing ba.ve been. paid. By: Chris lJendon Commllllity Development Director :~~ Dale.: /22/05 ClTY OF ASI'EN g:\support\forJllS\agrpayas.doc 11130/04 Billing Address lIDd Telephone Number: Reouired 201 N,'Mill St., Suite 203 Aspen, CO 81611 925-8700 RET~NFORPERMANENTRECORD Received Time Feb.22, 8:05AM " , '-..., J : Eie ~dit B.ocord 1lIa.lOalo Fl!<fTl Reports Format lab tjelp ______~__. "____________ _________ ,_,_'_'_'__"m_~_ .' ... " ... . ModUo Help . -I I!illI .!<l r.. >> : oil t.l 1!l.21 ..: ~ .J Li d. . . e '. J iii :.9;J J.' H ~ II) 110 %i ,~ C1tar illJI. RouIingJ;lislory I ~ I Subf.nrit. I Main I ROlF9 StaluI I A1ch1E"l I p.,cojs I PemiTjIpO _IOZERO Oy IASPEN Per~idOimaiiorr~'" ... ~ ..._--~ Mostel Ponritl ~ RouIingQueue 1..lu Project I ~ Stotu.lpendu,g Doscription PARCELS 4. 7 ~ 6 TOP OF MILL SUBDIVISION I PUD Submi;tod IJODY EDWARDS 970.925<1700 r Vrsblo on tho web? Owne,---------.----~_.---~--~--~-----~-- - Loot Name ITOP OF MILL INVESTORS. ~ Fiot Nomoi Phono1(970) 925.2114 rv O"n.d. Applicant? -----~-_.__._._- ,--,,----.-------------- - ---.-.,.--------- ~4:,r:=~~~::~7~~-~::.;;.:;~; ~, .. -.. -~~~;:-.~:~:-:_~:..~_-- [iiiOr tho poImi dOSCl~on ~alJation ~ Canmont I AtlaclJnonl. I Custom Fjoldo FooJ I Foe S_ I 8oliont I Ponril # 1001 T2005,ASLU ;!Ii ~wl r Stale rco-3 Zip I 81611 ~ Clock IRunting DajI,I'D Ponrit 10: I 33032 t Appiod 10212212005 flI I APIlIO'Ied I flI Issued I .Q/ FinoJj l.Jl Expi.. 102/17/2006 flI 1000 S MILL ST ASPEN CO B1611 ~ . __.........__ .m...._ ~, -'<7;';';;;;": ,,~;:.:::";:;: c,~;C;7""'-C-:'1 oil .~ ~._- . _iT R.conl2012