HomeMy WebLinkAboutcoa.lu.pu.Aspen Highlands Village.Moore.0007.2005
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City of Aspen Community Development Dept.
CASE NUMBER 000 .,.. :lOOt). OS t-iA...
PARCEL ID NUMBER
PROJECT ADDRESS
PLANNER
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CASE DESCRIPTION MOOR.e V H/6-iI L4-NDS Pu.b
REPRESENTATIVE
DATE OF FINAL ACTION tv e. try CU;R.S Lf/II/of'
CLOSED BY
Denise Driscoll
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Julie Ann Woods, Community Development Director
Joyce Allgaier, Deputy Director~
Sarah Oates, Zoning Officer ~
FROM:
DATE:
June 14, 2004---wntinued from May 25,2004
SUBJECT:
Aspen Highlands Village PUD Finding of Substantial Compliance-
Subdivision Improvements Agreement
Hines Highlands Limited Partnership has requested the City of Aspen make findings that
the developer is in substantial compliance with the conditions of the Subdivision
Improvements Agreement (SIA) for Aspen Highlands Village PUD. This request has
been separated from the same request for Moore Family PUD.
Attached please find a memorandum from the Transportation Department outlining a
revised dial a ride program from what was initially approved (Exhibit A)_ Also attached
is a memorandum from the Housing Authority summarizing the employee generation
audit for the Aspen Highlands Village PUD (Exhibit B). Staff has included the SIA for
Aspen Highlands Village (Exhibit C). Other relevant referral departments have
confirmed with the Community Development Department the SIA obligations have been
met for the subdivision. Finally, included are the comments from Bob Daniel from Hines
regarding issues with the Building 3 affordable housing units (Exhibit D).
Staff recommends Council make a "Finding of Substantial Compliance" via Resolution
#~ of2004 with regards to the requirements of the Subdivision Improvements
Agreement for Aspen Highlands Village PUD.
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Memorandum
TO:
Mayor and City Council
THRU:
Randy Ready, Assistant City Manager
JOhnD.Kruege~
June 8, 2004
FROM:
DATE:
RE:
Finding of Substantial Compliance - Aspen Highlands Village and Moore Family
PUD Transportation Plan
SUMMARY:
Attached for your review and approval is a memo outlining the revised terms ofthe
Transportation Plan contained in the Subdivision Improvement Agreements (SIA) for the Aspen
Highlands Village PUD (AHV), the Moore Family PUD and other associated approval
documents. This memo details the transportation requirements and staff finding as to
compliance. After considerable review and negotiation, staff finds that the transportation
requirements are in "substantial compliance" with the terms and conditions in the original
agreement. City Staff is asking the Mayor and City Council to make a "Finding of Substantial
Compliance" in regard to the transportation requirements and revised terms.
PREVIOUS COUNCIL ACTION:
Staff has previously provided the Council with updates on the progress on the various
transportation requirements of these two developments. Council has previously met with
representatives of Hines Highlands Limited Partnership (Hines) and the Aspen Highlands
Commercial Metropolitan District (Metro District) to discuss the various transportation
requirements of both developments. The majority of these requirements have been complied
with.
BACKGROUND:
City Staff has been meeting and corresponding on a regular basis with representatives of Hines
and the Metro District for the past two years to resolve the numerous and complicated
transportation requirements in the many approval documents for the Aspen Highlands Village
(AHV) and Moore Family PUD. The majority ofthese transportation requirements have been
successfully resolved. The main requirement taking the most time to resolve and reach
agreement on was the Dial A Ride service. The Dial A Ride service requirement is detailed in a
three-page operations plan in Exhibit D of the SIA for the AHV. City Staff, Hines and the Metro
Districts have now agreed upon a Dial A Ride service plan that is now in place that fulfills the
requirement in the SIA. As the transportation requirements are numerous and contained in
various documents, a summary is attached for your review.
DISCUSSION:
The Aspen Highlands Village and Moore Family Developments both have extensive
transportation mitigation requirements associated with their approvals. These requirements were
part of the original County approvals in 1998 and were inherited by the City upon annexation.
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City staff has been working with Hines and the Metro Districts to achieve compliance. The
majority of the transportation requirements have been fulfilled. Until recently, staff, Hines and
the Metro District have been unable to come to agreement on the requirement for Dial A Ride
service to the developments. The SIAs contain a specific and detailed plan for the Dial A Ride
Service that was unacceptable to Hines and the Metro District. After lengthy negotiation Hines
and the Metro District have proposed and implemented a flexible demand responsive Dial A
Ride service plan that is very different from the original Dial A Ride Plan. A copy of the revised
detailed Transportation plan is attached as Exhibit 4. City Staff feels that while the proposed
plan is different, it can meet the objectives ofthe original plan with some additional and revised
conditions included in it. These conditions are listed in the Finding of Substantial Compliance
under the Staff Findings. These additional/revised requirements relate to the Traffic, Transit and
Parking Plan, the Dial A Ride Reporting, and the marketing and promotional efforts.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City. The transportation requirements and their
associated costs have been and will be borne by Hines and the Metro District.
RECOMMENDATION:
Staff recommends that the Aspen City Council make a "Finding of Substantial Compliance" with
regard to the transportation requirements contained in the Subdivision Improvement Agreements
for the Aspen Highlands Village POO, the Moore Family POO and other associated approval
documents. The Finding of Substantial Compliance would be conditioned on the revised and
additional requirements contained in this memo.
AL TERNA TIVES:
City Council could decide against making a 'Finding of Substantial Compliance" and require
that Hines and the Metro District comply with the original transportation requirements as stated
in the Subdivision Improvement Agreements for the Aspen Highlands Village POO, the Moore
Family POO and other associated approval documents. .
PROPOSED MOTION:
I move to approve a Finding of Substantial Compliance for the revised Transportation Plan as
specified in the attached memo for the Aspen Highlands Village and Moore Family POOs.
CITY MANAGER COMMENTS:
Attachments:
Exhibit I - Summary of Conditions of Approval and Staff Findings
Exhibit 2 - Finding of Substantial Compliance Detail
Exhibit 3 - SIA for AHV Exhibit A
Exhibit 4 - SIA for AHV Exhibit D
Exhibit 5 - Felsburg Holt & Ullevig Memo dated November 18, 2003
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" EXHmIT 1 -.-I
SUMMARY OF TRANSPORTATION CONDITIONS OF APPROVAL AND
STAFF FINDINGS
SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D.
Transportation Conditions of Approval
Condition 8. RFTA Pavments-page 4
Owner shall implement the phasing plan that clearly identifies the
ridership threshold on the existing CastlelMaroon Roaring Fork
Transit Agency (RFTA) route that will trigger a requirement for the
owner to make a payment to RFTAfor the purchase and operation of
one (1) additional bus on the route. (See Exhibits "A" and "D")
Condition 10. Traffic and Transit Parkin!!: Plan-page 4
The owner shall implement a traffic/transit/parking monitoring system
plan, which shall include measures to ensure increased mitigation
actions if monitoring shows that the mitigation is not adequate. The
owner shall administer the monitoring plan through the conclusion of
Phase 4 of the construction, andfor three (3) years thereafter. Annual
reports shall be submitted to the Community Development Department
for the County and RFTA review. If traffic impacts exceed traffic
projections, additional; mitigation in the form of transit mitigation may
be required. The monitoring system shall address the following issues:
(a) If the trips generated by AHV exceed the projections contained
in the "Revised Maroon Creek Corridor Detailed
Transportation Plan", dated February 1997, so as to require
mitigationfor those additional impacts, the additional
mitigation required by the Owner must be approved by the
BOCC based upon the recommendations of the Pitkin County
Community Development Department and any appropriate
referral agency (e.g. RFTA and lor Pitkin County engineering
Department.
(b) If the trips generated are lower than the projections contained
in the "Revised Maroon Creek Corridor Detailed
Transportation Plan" dated February, 12997, the Owner shall
be entitled to suggest a reduction in the traffic mitigation
programs then being funded. Such reduction shall be based
upon afinding by the BOCC that the reduction is appropriate:
provided however that the Owner shall not be entitled to a
refundfor any portion of its infrastructure donation described
in Paragraph 17 below.
1
Staff Finding
Compliance- The Owner
(HINES HIGHLANDS
LlMITED PARTNERSHIP) has
fulfilled this condition of
approval.
Compliance with Additional
conditions- Monitoring and
reporting will be continued
through June 2008. Any
changes to the transportation
plan after June 2008 will require
reinstatement of the monitoring
and reporting system for an
adequate period of time so that
adequate data can be collected
to make an informed decision
about the porposed changes to
the service.
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SUMMARY OF TRANSPORTATION CONDITIONS OF APPROVAL AND
STAFF FINDINGS
Condition 13. Dial-A-Ride-page 5
Owner agrees to implement a "Revised Aspen Highlands Village
CastlelMaroon and Dial-a-Ride Service Plan" as set forth in the
detailed plan attached hereto as Exhibit "D", the costs of which are set
forth in Exhibit "A ".
Exhibits A & D are attached
Condition 13.1 Exhibit D Dial A Ride ReDortin!!:
Per Exhibit D of the SIA for AHV, annual reporting for the Dial A Ride
service is required.
The report shall include:
1. Statistics regarding ridership for the previous year;
2. Instances involving standees and missed trips, or trips requested
but not provided; and
3. Statistics regarding accidents and roadside calls.
2
Substantial Compliance with
additional conditions-The Dial
A Ride system must continue to
operate as specified and agreed
to in the staff memo and mirror
that of the plan described in the
Felsburg Holt & Ullevig memo
dated November 18, 2003.
However, in the event of
substantial non-compliance with
the transportation plan, the
original Dial A Ride operational
plan as specified in Exhibit D of
the SIA would go into effect
within 90 days of written notice
unless remedied. Any changes
to the base level Dial A Ride
service must be approved by
staff.
Compliance with additional
conditions-Quarterly reporting
will be required on an ongoing
basis.
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.~ EXHmIT 1 .....,;
SUMMARY OF TRANSPORTATION CONDITIONS OF APPROVAL AND
STAFF FINDINGS
SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY
Transportation Conditions of Approval
Condition 8. Bus StoD Shelters page 3
Owner agrees to install or guarantees installation of two (2) bus stop
shelters as set forth in the General Submission approval (attached to
the Resolution) in the location(s) approved by the county and RFTA.
The owner shall design such shelters acceptable to RFTA.
Condition 2. Dial-A-Ride page 4
Owner agrees to implement an "On Demand Dial-a-Ride Transit
Service Plan" as set forth in the detailed plan attached hereto as
Exhibit "H" and made a part hereof (hereafter "On Demand Dial-a-
Ride Transit Service Plan ").
BOCC Resolution No. 97-167 (09/30/98)
Granting Detailed Submission, Planned Unit Development, 1041
Environmental Hazard Review, and Special Review Approval to the
Aspen Highlands Village POO
Transportation Conditions of Approval
Conditions 6 - 13 Traffic/Transit/Transportation/Parking page 4
REVISED MAROON CREEK CORRIDOR DETA.ILED
TRANSPORTATION PLAN-Prepared by: Felsburg Holt &
UlIevig - February 1997
Transportation Conditions of Approval
Condition 8.0 Summary Of Pro Dosed Miti!!:ation page 24
There will be a continuing effort through promotional materials and
newsletters to encourage the use of alternative transportation by
residents, guests and skiers.
Staff Finding
Compliance- The owner has
met this obligation by making
payment to the City in the
amount of$16,000 for the
installation of one bus stop
and/or shelter as stated in the
Letter of Agreement made
between the City of Aspen and
ZOOM FLUME LLC dated
January 14, 2002.
Substantial Compliance with
additional conditions-same as
for AHV above
Compliance-the same general
requirements as in the SIAs
Compliance-with additional
conditions
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EXHmIT 2
Revised Transportation Plan for Aspen Highlands Village PUD and Moore
Family PUD
I. SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. 10/15/98
Transportation Conditions of Approval
Condition 8. RFTA Pavments-page 4
Owner shall implement the phasing plan that clearly identifies the ridership threshold on the
existing CastlelMaroon Roaring Fork Transit Agency (RFTA) route that will trigger a
requirement for the owner to make a payment to RFT A for the purchase and operation of one (1)
additional bus on the route. (See Exhibits "A" and "D")
Staff Findin!!: - ComDliance
The Owner (HINES HIGHLANDS LlMITED PARTNERSHIP) has fulfilled this condition of
approval. The owner has made payment in full to the City of Aspen for the purchase of one (1)
additional bus to be used on the Direct Maroon Creek Road route. Payment for the bus was
made to the City on September 15, 2002.
The new bus began operating on the Direct Maroon Creek Road route beginning in December
2002. This is a change to the original requirement in Exhibit D ofthe SIA for AHV. Exhibit D
specified that the additional bus should operate on the Castle/Maroon route. The developer,
Metro Districts and City staff agreed to change the route to operate directly from Rubey Park to
the Aspen Highlands Village. The bus operates on 30-minute headways from Rubey Park. The
service provides five trips per hour on the route. The winter hours of operation currently are
0530 am until 12:00 midnight seven days a week during the ski season.
The Direct Maroon Creek Road service during the winter season is an ongoing annual obligation
for the Metro Districts. The Aspen Highlands Metro District (AHMD) will continue to
compensate the City of Aspen for bus service operated by RFT A on the Direct Maroon Creek
Road route during the winter season lasting approximately 130 days. The service began on
November 28, 2002 and will operate every year. Payment for the service will be made to the
City of Aspen on a monthly basis. An annual Service Agreement between the City of Aspen and
the AHMD for winter service was entered into by both parties and approved by Aspen City
Council on October 22, 2002. The contract is automatically renewed every year
Condition 10.
Traffic and Transit Parkin!!: Plan-page 4
The owner shall implement a traffic/transit/parking monitoring system plan, which shall include
measures to ensure increased mitigation actions if monitoring shows that the mitigation is not
adequate. The owner shall administer the monitoring plan through the conclusion of Phase 4 of
the construction, andfor three (3) years thereafter. Annual reports shall be submitted to the
Community Development Department for the County and RFTA review. If traffic impacts exceed
traffic projections, additional; mitigation in the form of transit mitigation may be required. The
monitoring system shall address the following issues:
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(a) If the trips generated by AHV exceed the projections contained in the "Revised Maroon
Creek Corridor Detailed Transportation Plan ", dated February 1997, so as to require
mitigationfor those additional impacts, the additional mitigation required by the Owner
must be approved by the BOCC based upon the recommendations of the Pitkin County
Community Development Department and any appropriate referral agency (e.g. RFTA
and lor Pitkin County engineering Department.
(b) If the trips generated are lower than the projections contained in the "Revised Maroon
Creek Corridor Detailed Transportation Plan" dated February, 12997, the Owner shall
be entitled to suggest a reduction in the traffic mitigation programs then beingfunded.
Such reduction shall be based upon afinding by the BOCC that the reduction is
appropriate: provided however that the Owner shall not be entitled to a refundfor any
portion of its infrastructure donation described in Paragraph 17 below.
Staff Findin!!: - Comoliance
Hines and the Metro Districts have agreed to provide the traffic/transit/parking monitoring
system plan as prescribed in the SIA for Aspen Highlands Village through June 2008. Staff finds
this acceptable with the caveat that the reports be submitted no later than 60 days after the ski
season as required in the 1997 Aspen Highlands Ski Area Master Plan and that the reports meet
or exceed the data collected and reported in previous reports as required in approval documents.
Hines and the Metro Districts also understand, that no significant changes to the transportation
plan can be made until a monitoring and reporting system is reinstated and adequate data is
collected over an adequate period of time so that staff can make informed decisions about the
adequacy of the service and any proposed changes can properly be evaluated.
Condition 13.
Dial-A-Ride-page 5
Owner agrees to implement a "Revised Aspen Highlands Village CastlelMaroon and Dial-a-
Ride Service Plan" as set forth in the detailed plan attached hereto as Exhibit "D", the costs of
which are set forth in Exhibit "A ".
Exhibits A & D are attached
Staff Findin!!: - Substantial Comoliance
The Dial A Ride service is an integral part of the approved and agreed to transportation plan
contained in the SIA and various other approval documents for Aspen Highlands Village. The
Dial A Ride service is considered an on-going service to be provided in perpetuity to serve the
residents of the developments.
The developer has proposed and is operating a Dial A Ride that is significantly different from the
detailed and comprehensive plan contained in Exhibit D as a condition of approval and as agreed
to in the SlA. While different, staff feels that it meets or exceeds the requirements in Exhibit D
of the SIA
A copy ofthe Aspen Highlands Transportation Plan by Felsburg Holt & Ullevig dated November
17, 2003 is attached as Exhibit 1. The Transportation Plan contained in this document is
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considered as the basis of the Dial A Ride service plan. City staff agrees that the flexible
demand responsive service Dial A Ride plan in place and currently operating as part of the
Transportation Plan is that meets the intent of the fixed schedule Dial A Ride plan in Exhibit D
of the SIA. The currently operated Dial A Ride plan establishes the "base level of service" for
Dial A Ride. This base level of service has and will continue to be sustained and funded by the
Districts into the future.
EXCERPT FROM FELSBURG HOLT & ULLEVIG MEMORANDUM-
November 17, 2003
Dial-a-Ride Services
In order to comply with the spirit and intent of the SIA - Exhibit D, a comprehensive Dial-a-Ride
service program is currently in place and operating 365 days per year. Table 1 provides detailed
information about the three components that make up the program. The following outline
provides an overview of the current program:
Table 1.
Dial-a- Ride Services
Services AHVMD Service Ritz Carlton Club Amenities Association
Rider Eligibility All Aspen Highlands Ritz Carlton Club, Aspen Highlands
Village and Five Trees Residents and Guests Village Free-Market
Residents and Guests Residences - Residential
Guests
Hours of Operation 5:30 AM to 2:00 AM 24 Hours per Day 6:00 AM to 10:30 PM
(20.5 Hours) (16.5 Hours)
365 Days per Year
365 Days per Year 365 Days per year
Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association
Village Metropolitan and Joshua & Company
District and High
Mountain Taxi
Number and Type of 37 Taxi Vehicles 4- Suburbans 2- Suburbans
Vehicles (7 Passenger) (7 Passenger)
2- Turtle Top Vans 1- Tahoe
(14 Passengers) (5 Passengers)
Headways Demand Responsive Demand Responsive Demand Responsive
(No Set Headways) (No Set Headways) (No Set Headways)
Service Area Aspen Downtown Core Aspen Downtown Core Aspen Downtown Core
and Aspen! Pitkin and AspenJPitkin County and Aspen! Pitkin
County Airport Airport County Airport
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Summary of Current Services
. Hours ofOoeration: Between 20.5 and 24 hours per day, 365 days a year.
. Number of Vehicles:
~ 2 - Turtle Top Vans (14 passengers each)
~ 5 - Suburbans (7 passengers each)
~ 1 - Tahoe (5 passenger) - recently added to the fleet in response to increased
demand
~ 37 - High Mountain Taxi vehicles
. Headways: Currently the entire system is run as an on-demand service with no
specific headways. The areas serviced are to and from the downtown core including
points in between and to and from the Aspen/Pitkin County Airport.
. Service Provided: Building upon the extensive fixed route mass transit component at
Aspen Highlands, the initial Dial-a-Ride service is operating as an on-demand system.
This system was established to respond to the varying requirements of guests, visitors and
residents. It has the capacity to grow with demand without typical delays due to vehicle
limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix
has been expanded to meet increasing demand.
The AHV Dial-a-Ride system is comprised of three overlapping services. All residents and
guests at AHV and Five Trees have basic service provided through High Mountain Taxi. This
service is supplemented for the Tourist Accommodation Units and the AHV Free-Market
Residential Units. The system can be described in the following manner:
. All Units in AHV and Five Trees - On-demand service available from 5:30 am until 2:00
am, 7 days a week to the Airport and downtown Aspen. This service is contracted
through High Mountain Taxi. High Mountain Taxi was selected because they are a
recognized provider of transit services by RFTA, they have handicap accessible vehicles
available for use upon request and they have the dispatch and fleet necessary to meet both
present and future needs of the Dial-A-Ride program.
. Tourist Accommodation Units - On-demand service available 24 hours a day, 7 days a
week to and from the Airport and downtown Aspen. This service is provided by two 14
passenger Turtle Top vans and three 7 passenger Suburbans.
. Free-Market Residential Units in AHV - On-demand service available from 6:00 am
until 10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This
service is provided by two 7 passenger Suburbans and one 5 passenger Tahoe.
In summary, the AHV transportation system provides a flexible and convenient response to the
mobility needs of residents and guests. It exceeds the service requirements and the number of
vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and
varied desires for moving to downtown Aspen and the airport.
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m. AN ORGANIZATIONAL CHART INDICATING MANAGER AND
PERSONNEL TO PROVIDE SERVICES
The Aspen Highlands Metropolitan District is responsible for management and assuring the
service of the Dial-a-Ride program for AHV and Five Trees (see Figure 1). The manager of the
District is Beach Resource Management, LLC. High Mountain Taxi provides the Dial-a-Ride
for All Units at AHV and Five Trees through a contract with the Aspen Highlands Commercial
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado.
The Dial-a-Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as
a part of their overall management of the Association responsible for these units.
The Dial-a-Ride service for the Free-Market Residential Units at AHV is provided by Joshua &
Company as a part of their overall management of the Amenities Association responsible for
these units.
The District manages the providers of the services listed above; Joshua & Company, the Ritz
Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the
responsibility ofthe District to assure that any gaps in service are filled immediately. The
District has specifically taken on this responsibility as a part of the Service Plan for the District.
Condition 13.1 Exhibit D Dial A Ride Reoortinl!:
Per Exhibit D of the AHV SIA, annual reporting for the Dial A Ride service is required.
The report shall include:
1. Statistics regarding ridership for the previous year;
2. Instances involving standees and missed trips, or trips requested but not provided; and
3. Statistics regarding accidents and roadside calls.
Staff Findinl!: - Comoliance
Because the new Dial A Ride service plan varies so dramatically from the original plan in the
SIA, ongoing monitoring and reporting is required. The monitoring and reporting will comply
with the requirements in the SIA. The reports will be submitted on a quarterly basis to the City
of Aspen Transportation Department. The reports will be due within 60 days of the end of the
quarter. The first report will be for the first quarter of 2004 and will be due May 31, 2004. The
due dates for the quarterly reports for each year are as follows:
Quarter 1
Quarter 2
Quarter 3
Quarter 4
May 31
August 31
November 31
February 31
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II. SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY-08/04/98
Transportation Conditions of Approval
Condition 8. Bus Stoo Shelters page 3
Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the
General Submission approval (attached to the Resolution) in the location(s) approved by the
county and RFTA. The owner shall design such shelters acceptable to RFTA
Staff Findinl!:- Comoliance
The owner has met this obligation by making payment to the City in the amount of$16,000 for
the installation of one bus stop and/or shelter as stated in the Letter of Agreement made between
the City of Aspen and ZOOM FLUME LLC dated January 14, 2002.
Condition 2. Dial-A-Ride page 4
Owner agrees to implement an "On Demand Dial-a-Ride Transit Service Plan" as set forth in
the detailed plan attached hereto as Exhibit "H" and made a part hereof (hereafter "On
Demand Dial-a-Ride Transit Service Plan '').
Staff Findinl!: - Comoliance
The Condition for the Moore Family POO is the same as for the Aspen Highlands Village and
the compliance with this condition of approval is the same.
m. BOCC Resolution No. 97-167 (09/30/98)
Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review,
and Special Review Approval to the Aspen Highlands Village POO
Transportation Conditions of Approval
Conditions 6 - 13
Traffic/Transit/Transportation/Parking
page 4
Staff Findinl!: - Comoliance
Staff finds that transportation conditions 6- 13 of Resolution No. 96-167 are in compliance.
IV. REVISED MAROON CREEK CORRIDOR DETAILED
TRANSPORTATION PLAN-Prepared by: Felsburg Holt & Ullevig
February 1997
Transportation Conditions of Approval
8.0 Summary Of Prooosed Mitil!:ation page 24
There will be a continuing effort through promotional materials and newsletters to encourage
the use of alternative transportation by residents, guests and skiers.
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Staff Findinl!: - Comoliance
Staff finds this condition to be in compliance with the caveat that the following be continued
every year:
1. Creation of an annual marketing plan and budget to be approved by the Districts Boards
2. District staff to meet at least once with City Transportation Department Staff at least
annually before the start of the winter season to discuss the marketing plan
3. Regularly attend meetings of the Transportation Options Program (TOP)
4. Display TOP information at the Post Office, visitor's desk and on the AHV web site and
to update this information on a regular basis.
The City will make its Transportation Coordinator available to assist with marketing and public
information efforts. The district also may choose to enter into a mutually-agreed upon marketing
and funding agreement with City Transportation Staff to perform all or part of the marketing and
promotional activities in the service marketing plan.
Other Transoortation Reauirements and Conditions of Aooroval
All other conditions and requirements of the SIA and other Transportation commitments in other
approval documents will remain in place and in force.
Non-Comoliance with Existinl!: or Revised Transoortation Plan Reauirements
The service, monitoring, reporting, marketing and promotional term revisions as outlined in this
memo are acceptable, as long as the districts remain in substantial compliance with the non-
revised and revised provisions of the SIA. However, in the event of substantial non-compliance
with the revised terms and conditions, the detailed fixed route service plan as specified in Exhibit
D of the Aspen Highlands Village POO and the Moore Family POO SIA will go into effect
within 90 days of written notice of substantial non compliance unless remedied.
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=e~~i~s the sane as cu~lined i~ ~he Aspen ~ighla~c Villace De~ailed
.c:;~_~~_..is~_~o-...: C......-SOi~,.:~~o~ ~L:"r; .w.~~>; C':'i.o .:lxco'O~~on. Tb.e. D-C.~05=-~
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u?g=~des to the Castle/Maroon ~~A ~ou~e will" be i~'Olem~nted upon
~~~~?~~~Y--~~fdU~~:-;~~;~U~~i;:!i~:;;~f::~~;-~ ~6-,~;i~~~~~ree~~tst;~~
an~ic:i.?2.::.e.d ~o ~oincid.2 'w'i t.,:"J Dc::'..lpa:1......j of t.he Thunde::.-::tcwl and
Ha:-oc:: NeiShbc::'-:lood c.::o:-dajle d.,",'2l1i~g 1.:.:1:-:.s a~d t.ne. d....,.;::llihg
..lni t.s' in 3uildings :0'.2= 2..I"id :i -.;e. il1 app:-cxiiua tely 2000.
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Maroon :-oute.
.:;g:-eement, .wi 11
:o~ the ~pg~=de to ~he cas~l=IM~~ocn ~Dute.
ccn-:.ac-:. ?..?TA t.o o-"':.~~ c. ne''''' bus fo= "the Castle/
The. Aspen ~ishlands:Villcge SUbdivision I~?rOv2me.nt
es~ablish fc~a~ proc2dures ~~d :i~a~cicl assurance
Di~l-A-~ide ?1~2
The. Moore ?uu a~d Aspe.n Eighlancs Vi~l=ge. will join ~ogether ~o
ope.rate a dia~-c-=ide. seriice ~~ redUCe ~he need for residents and
guest.:; to utilize au-:.c.:nchi'les. The ODe::-2. -:.icn will 0:::2::- a door-to-
door delive~y system and will s2~yice trins to areas ne.ar Asnen.
TransD,' ortat.iou se.::-v_~ ce ;,,:i_'l ~e Di.....,V-inc.r1 -;-.....- -;-k-o. Ci ~',l of 1SD:::::>:1 ~,...,-:-;;>
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a::-ea and to the a_~ :-D,' or-:. 'l'r. ~ ~nl i r..'w-i rln" se.c-:.ions .....-O'iJose a
- _...__...._-""-~.., J::'-_
pre.li:rnina:-y ope.rations ana s e.::--v2.C2 plan, end descTibe.~ t.he ~'le.hicles
t.o be. used. So~e. ope::-atiar:s de't.2.ils .,..;ill De fi~a..liz'ed '..;he.n the
service has
be.e.n es~a..blisje.s~
",:.~.:;p,:
O?e::-a~io::.s
:?lan
~"h::. sys::ern '~;ill be O~2:-a~2d in a flexible man:";2.r "::0 mc.ximize
canvenience for ride::-s. Se~Jice levels will be tcrlored to demand
to p=ovide convenient se~vice. This se.ction describe.s the initial
se:.--..rice plan w'hich !TI2.Y De :nodifie.d In tie future to :me.et. actual
de.;w.ands of ::-e.sidents and gues-:.s as "the ?rcpe.:-:.le.s a::-'= built out.
Service will be initiat.ed *ith ~w~ V2.DS wh2~ t~e developme.nts start
to be OC::U:Ji2d in 2.PP::-':Jximat.e.ly "Che yea.::- 2000. T:'1e. fle.et of
vehicles e.:1c. 5e:'-~'lice !i1ay ~e ex?~:-.ded a5 :':~e de"lelc::nue:rts ,=,-;..11'1,
S:~vice will be provid=d tD tje two ar:~s illust~~t=~ cy ?i?~re 1.
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.,....,..J_ =-,,=':-\7 one-n=...:..: :::O'J,:- a:'::-lDj ::.ne o.,.;:.;!.":.=.:- 2.na 5'~~~e.r nlgn
seasons. On the otbe:- e:lc of -:.he :-:Jute at .'b....:-:.-:; a:Jd t.he. Moc::-e ?D"U
~:"le, Av'::.T1S ~....'ill ,.:.:-op c':: 2.:lG pick up passengers 2.-:' t:;.e.i:.- o:-igin C~
destination. Du:.-ing ~._~ off-?2ak 5e~sons se~vices ~ill be ~edu=Ed
to match de~and.
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Du:r';ng t-~e peakSeascn(s) I Rcut.= .. 1 '..;ill ser-le the Aspen Co::e.
Dial-a.-ride vans ''';:'..LL provide s8!:""'....ice en a fixed ene-half :'"lcur
sc~edule gene~ally follc~in; ~~e ==ute depi~ed en ?iq~re 2. -~~ee
c~eck 'Ooint.s '-.;ill be established in Aspe:l, pc~a!1tiall? a. -: Mill
-::::....-oc:>i-/~...;u.':""'an "'E,:"""no C.:ic-'eT ~vaJu=/S'D"".;~a St.-oo~ ;:::....,~ ::It ':'u;""e"" ":l:::.,...1".
....'-...___ ...,.;JJ. .. ~~v ....--/ ... - . - --... ---- -...- - ..-...., y - ...._.~.
The van; will pass t...~ese c.":..eck;::oin"Cs ;;'1 .e2.c:: ci==.1it rcu-:a so
?a~=-ons are no':' rew!.lired t.el call fa:.- ser:ice. ?,;o Y'2..ns ......ill
provide one-half hour ~eaci~ays ~t ~~~ check?oi~"Cs.
The second des~iZ1a~ion, ROll"!.:: i 2 is t::.e ~.s?en-?i:t.xi:n CCU.ity
Air?or:.. This ',.;ill be on d~::...rd.. s~li,C2, similar -:'0 ser-Jices
provided bv o~'e= resorts in the ~5pen area. At ~~e ~i~e ~~ests
make reser,....ations 'to stay at A:r.,v r t.."1ey "..till be a.dvised t..~at car
rental is not necessarl because of t..~e a.lte=~at~ve t=ansi~ se~lices
available. De?2.r:.~~s t.o t.::e air::,or1: ",.;ill ;::e -sched"jled 2.nead of
t.i:ne.
Ser-;i=3 ?la.n.
?rior to' ini ~iat::..on of
service plan to the ~?TA
52T""lice r &~V shall urSS2!1"C a det2.ile:d
far review. The Dl~!1 sha~l include:
i Estimate of de~cnd;
2. Description of specific seT""lices i!1c~uding ~~e nu=be~ of
vehicles, spares, hours of ope~~ticns ~nd headways;
J. An a=ganizational c~a=t indicatin; ~an2.ge= ~nd ?erson~el
to provide SerJiC2S; and
4. Ser~ic2 marxeting ;lan.
~~~J intends to of=er dial-a-ride ser~ice seven days a week duri~g
the winter and Slli~~e= peak seasons. The Aspen core route Nill be
offered f~cm 7 ~~ to ~i~!ight. Rider sur7eys will be u~ilized t8
determine night ser~ice should run lat2r i~ ~~e evening.
S€.rIlice to -......1=> airpcr-: will be p=ovided 'olhen the airport is
1-...-
ope:=ating. The service '.;ill be availa~le to all gues~s and
residents in AbV and t.."':.e Meo=-= P1.;u.
At ~~e end of eac~ of ~~e first th=ee years
submit an -arnual re?c~ to ?~TA at ~e end
The report shall include:
of cpeyation ~~-y shall
- ..' "
O~ ~~e ~1n~a= season.
1.
Stctis~i=s r~ga~ding =idershi? for ~~e previous
vc.:::.~.
... ........-!
2.
Instances
requested
. ~, ." ." ' .
~~vo~v~ng s~ancees and ~~ssec ~=~ps,
=ut no~ pro~ided; and
or
t=ips'
3, Statis~ics ~e;arc~~g accidents and roa=side calls.
Based'upon the r=vie~ of ~~e a~~ual repcrtr changes in the levels
se::-vice may be :::lace'.
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vahicles
~he se~lice w~~~ C?era~2 vans capable of ca~Ji~g as ~any as 12
passengers a~ one ~~e ~~~n space === ~~ggage a~d skis. ?assenge~5
will be able ~8 stand i~ ~he vehicles.
Eve~~~allYl three or fcur vans ~ay be utilized ~hen bc~~
develoo~~~ts are f~llY cc=~cied. Initiallv, the fleet will consis~
of t"'..;o - vans and '",ill be ~X?~nded as demand- ",.;ar::-ants. The -.tans .will
be stored in ~~e ;~v ?arki~g ar=2. ~~d Mill be oaintained bv local
mechanics in the Rca=:.ng Fork Va-lley. If necessa~ f. J anot.."':!:r- yan (s)
~ill be rented if a van is out of serlice for ==pal=s, and hig~
t=affic is anticipated.
At le.as-= one af
c::ai= lif~ fer
t:.."le vans
In
~~o:a
........-
fleet
....ill
be.
8C"'..1i-=ned
"w"i-:.h a
',ineal
the handic~P?ed.
C::::st
The c:::st ::or p:=oviding this service has 00::00'" p:,-oJ eC:~2d based on
va~icle utiliza~ian and industrl hourly ccs~s to o~e~at= vehicles~
During t..'1e .winter peak season , it is proj ectea ~1.at passenger
produc~ivity will vary bet~2en eight and 12 passengers per vehicle
per hour. Van c~sts are assumed to be $ 30. per van hou= b~sed en
the se~lice beina ~Jn~ ~e c~s~ t8 nrovice serlic2 is est~ated ~o
- . ,
be $ 295,000 per year.
Van
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crl.,<;~ ~t:">'V..I!,_,,)~. t[.t",",., ". .j ",..,.I:~ fLC"",!.- ---~. - - -
November 17, 2003
MEMORANDUM
TO:
Robert E. Daniel. Jr.
FROM:
David E. Hattan, P.E.
SUBJECT:
PROJECT:
Aspen. Highlands Transportation Plan
Aspen Highlands Village
FHU # 03-144
We have prepared the following memorandum for the Aspen Highlands Transportation Plan based
on information provided by Hines Highlands Limited Partnership and Aspen Highlands Metropolitan
District. These data were compared with the analysis procedures developed for the Revised
Maroon Creek Corridor Detailed Transportation Plan, Felsburg Holt & Ullevig, February 1997.
INTRODUCTION
As part of the final approvals for the Aspen Highlands Village and Moore Planned Unit
[)~velopments, numerous transportation studies and plans were developed. The final
transportation plan is summarized in the Revised Maroon Creek Corridor Detailed Transportation
Plan. The plan called for a transportation system to and from Aspen Highlands Village and Five
Trees that would have multiple components to meet the anticipated needs of the guests, visitors
and residents of the Village. The goal of the transportation system is to reduce automobile use
and to specifically reduce the number of vehicles going to downtown Aspen and the airport.
Since the start of construction of the Aspen Highlands Village Planned Unit Deveiopment (AHV), a
number of steps have been taken to implement a transportation system that truly provides
alternatives to the automobile for residents and guests. In accordance with Exhibit 0 of the
Subdivision Improvements Agreement for AHV, these steps have included funding the purchase of
a transit bus for the Roaring Fork Transit Authority (RFT A) for use on the Castle/Maroon route
which serves AHV. A shuttle service between AHV and Buttermilk is provided for skiers and
employees during the winter.. As detaiied in later sections of this discussion, these services are
frequent and effective in serving fixed schedule demands.
6300'South
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P 1 7
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November 17, 2003
Memorandum to Robert E.
Page 2
Daniel, Jr.
In order to encourage use of the transit system that serves Aspen Highlands, the Aspen Skiing
Company, the Ritz Carlton Club, the Aspen Highlands Metropolitan District and the Aspen
Highlands Parking and Loading Dock Association (PLDA) all provide either free bus passes or
subsidized passes to their employees. The Ritz, the District and the PLDA provide fully subsidized
passes for their employees due to the lack of parking at Aspen Highlands at a combined cost of
approximateiy $74,000 anniJally. The Skiing Company provides a 75% subsidy for bus passes to
their employees and during ski season it is estimated that 75 of their employees purchase the
subsidized passes while another 60 employees ride the bus at their own cost. The subsidy
approximates $22,500 during the ski season.
Another part of the commitments made by AHV involves providing a Dial-a-Ride transit service.
The service is described as follows in Exhibit D:
Dial-A-Ride Plan
The Moore PUD (Five Tree) and Aspen Highlands Village will join together to operate a dia/-a-ride
service to reduce the need for residents and guests to utilize automobiles. The operation will offer
a door-to-door delivery system and will service trips to areas near Aspen. Transportation service
will be provided to the City of Aspen core area and to the airport. The following sections propose a
preliminary operations and service plan and describe the vehicles to be used. Some operations
details will be finalized when the service has been established.
Operations Plan
The system will be operated in a flexible manner to maximize convenience for riders. Service
levels will be lailored 10 demand to provide convenient service. The section describes the initial
service plan which may be modified in the luture to meet actual demands of residents and guests
as the properties are built out Service will be initiated with two vans when the developments start
to be occupied in approximately the year 2000. The fleet of vehicles and service may be expanded
as the developments grow....
Vans will operate on a fixed schedule with pick-ups in the center of Aspen everyone-half hour
during the winter and summer high seasons. On the other end of the route at AHV and the Moore
PUD, the vans will drop off and pick up passengers at their origin or destination. During the off-
peak seasons services will be reduced to match demand,
During the peak season(s), Route #1 will serve the Aspen Core. Dial-a-ride vans will provide
service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three
check points will be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper
A venue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit
route so patrons are not required to call for service. Two vans will provide one,half hour headways
at the checkpoints.
The second destination, Route #2 is the Aspen-Pitkin County Airport. This will be on demand
service, similar to services provided by other resorts in the Aspen area. At the time guests make
reservations to stay at AHV, they will be advised that car rental is not necessary because of the
alternative transit services available. Departures to the airport will be scheduled ahead of time.
P 1 8
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'-
:)
November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 3
Service Plan
Prior 10 the initiation of service, AHV shall present a detailed service plan to the RFT A for review.
The plan shall include:
1. Estimate of demand;
2. Description of specific services including the number of vehicles, spares, hours of
operations and headways;
3. An organizational chart indicating manager and personnel to provide services; and
4. Service marketing plan.
AHV intends to offer dial-a,ride service seven days a week during the winter and summer peak
seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be
utilized to determine night service should be run later in the evening.
Service to the airport will be provided when the airport is operating. The service will be available to
all guests and residents in AHV and the Moore PUD.
As noted in Exhibit D, the AHV transportation system should provide a flexible and convenient
response to the mobility demands that vary depending on the day of the week, season of the year,
and growth in demand. The many elements of the existing transportation system meet and in
some instances exceed the requirements of Exhibit D, thereby making it unnecessary for many
residents and guests to use private or rental automobiles. Trip logs, trip ticket data, and anecdotal
evidence bears out the fact that many people use the Dial-a,Ride system to get to and from the
airport and either RFTA scheduled buses or Dial-a,Ride to travel to and from downtown Aspen.
The purpose of this memo is to explain in detail how the current AHV transportation system meets
(and in some ways exceeds) the requirements of Exhibit D of the Subdivision Improvements
Agreement and to also provide a Service Plan for the Dial-a-Ride system that addresses the
specific requirements of Exhibit D. Once this Service Plan is formally adopted, there will be an
enhanced monitoring structure implemented to determine the effectiveness of the Dial-a,Ride
program along with the other transportation programs at Aspen Highlands.
I. ESTIMATE OF DEMAND
Demand for transportation services is created by the residents and guests of AHV. The following
table is a comparison of the ultimate mix of residential types at AHV and Five Trees and the current
status of occupancy of these units. Ultimate resident population at full occupancy is also provided.
(The ultimate development information has been taken from following documents which are the
basis for approval of these developments by Pitkin County: Asoen Hiahlands Villaae Detailed
Submission - Consolidated Plan, September 1997 and Moore Familv PUD Detailed Submission-
Consolidated Plan, 1997)
P 1 9
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:)
November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 4
The mix of units at AHV is:
Free Market Single Family Homes
Free Market Townhomes
Tourist Accommodation Units
Affordable Housinq Units
Total
Ultimate
31
31
73
112
247
Currently Occupied
7
10
73
112
202
(82% of ultimate)
The mix of units at Five Trees (previously known as the Moore Family PUD) is:
Free Market Single Family Homes
Affordable Housinq Units
Total
Ultimate
40
31
71
Currently Occupied
11
31
42
(59% of ultimate)
The projected population mix at AHV (assuming 100% occupancy) will be:
Free Market Units
Affordable Housing Units
Tourist Accommodation Units
Total
Ultimate
244
267
203
714
Currently Occupied
67
267
203
537
Similarly, the ultimate projected population mix at Five Trees (assuming 100% occupancy) will be:
Ultimate Currently Occupied
160 44
95 95
255 139
Free Market Units
Affordable Housinq Units
Total
Table B-3 of the Revised Maroon Creek Corridor Detailed Transportation Plan calculates that the
guests and residents of the Aspen Highlands Village should generate 347 person trips per day at
ultimate build-out. likewise, Table B-6 shows that Five Trees should generate 113 person trips
per day. This is a total of 460 person trips per day for both developments combined.
Although limited statistics have been kept concerning ridership on the three components of the
AHV Dial-a-Ride system to date, existing ridership appears to be very close to meeting the goals
that were outlined in the Revised Maroon Creek Corridor Detailed Transportation Plan. Based on
the current occupancy of residences, the Dial-a,Ride system should average approximately 340
person-trips per day at 100 percent occupancy of all housing units. This estimate of the current
ridership goal has been calculated utilizing the same methodology and spreadsheets that was
used previously for the 1997 report. A copy of the updated spreadsheets is provided in Appendix
A. March is the peak month of the year for skiing-related activity and occupancy would be the
highest. Ridership calculations for March 2003 (see Appendix A) show that approximately 328
person trips per day were using the Dial-a-Ride system. The best available information
concerning current ridership statistics is also provided in Appendix A. This comparison shows that
the Dial-a-Ride system is very close to achieving anticipated capture rates. As discussed in a
following section, more detailed ridership information will be available in the future as a part of the
comprehensive monitoring program.
P 2 0
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-
-
November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 5
II. DESCRIPTION OF SPECIFIC SERVICES INCLUDING THE NUMBER OF VEHICLES,
SPARES, HOURS OF OPERATIONS AND HEADWAYS
In order to develop an appropriate Service Plan for Dial-a-Ride services, it is necessary to first
acknowledge the different use patterns and the available fixed route transportation alternatives that
currently exist for AHV and Five Trees residents and guests. Throughout the year, th.ere is
extensive fixed route bus service that is primarily oriented to the downtown area of Aspen.
Additional services to other ski areas are provided to accommodate skier needs.
Fixed Route Services during the Ski Season
During the ski season, Aspen Highlands is the focus of a number of free, fixed route bus services
that are provided for both skiers and residents. Including the Skier Shuttle buses run by RFT A,
regular buses, and the new dedicated Aspen Highlands bus, there are nine buses per hour arriving
and departing Aspen Highlands between the hours of 8:00 am and 4:30 pm. All of these buses are
free to the rider. With an average capacity of 35 seats per bus, this equates to 315 seats per hour
arriving and departing Aspen Highlands during these times. On a daily basis, this equates to an
ability to carry more than 2,680 passengers during the peak period (8.5 hours) of the day. Specific
routes and service levels include the following:
. The dedicated Ruby Park/Highlands bus runs from 5:45 am until midnight on 30 minute
headways.
. RFT A skier shuttle buses run from 8:00 am until 4:30 pm on 15 minute headways.
. The Castle/Maroon bus runs from 6 am until 2:30 am on 20 minute headways.
. The Buttermilk Shuttle Provides transportation for employees and skiers on an on-demand
basis. It operates from 7 am until 4:30 pm on 15-20 minute headways, all seven days per
week throughout the ski season. Once ski season ends the bus schedule is reduced
appropriately.
. Total estimated capacity (not including the Buttermilk Shuttle) during ski season exceeds
4,585 passenger seats per day on the fixed mass transit system.
To put this fixed route transit service into perspective, during Ski Season there are 2,680 free bus
seats arriving and departing Aspen Highlands Uust in the 8am to 4:30pm timeframe). This number
is almost a four-times multiple of the current maximum occupancy figure (676), and a 2.75 times
multiple of projected full occupancy (969).
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 6
Fixed Route Services during the Summer Season
Between the regular buses and the new dedicated Aspen Highlands bus, there are 5 buses per
hour arriving and departing Aspen Highlands between the hours of g:OO am and 5:00 pm. All of
these buses are free to the rider. With an average capacity of 35 seats per bus, this equates to
175 seats per hour arriving and departing Aspen Highlands during these times.
. The dedicated Ruby Park/Highlands bus runs from 5:45 am until 1 0:00 pm on 30 minute
headways.
. The Castle/Maroon bus runs from 6:20 am until 2:00 am on 20 minute headways.
The Fixed route transit services are intended for visitors and skiers as well as residents. The Dial-
a-Ride system is a supplement to these larger fixed route services for the added convenience of
residents and guests.
Dial-a-Ride Services
Dial-a-Ride is a common term for demand-responsive transit service which can be provided in
many formats. The initial Dial-a-Ride service described in Exhibit 0 called service between many
pick-up locations in AHV and Five Trees and three checkpoints (stops) in downtown Aspen. As
also noted in Exhibit 0, initial service was to be provided by two vans on a fixed route through
downtown every half hour. On-call taxi service is representative of more intensive Dial-a-Ride
service with its "many-to-many" characteristics and generally short response time (the wait
between the phone call requesting pick-up and vehicle arrival).
Recognizing that the fixed route system and schedule has an impact on any other alternative
modes of transportation, the current Dial-a-Ride service at AHV and Five Trees has been
specifically structured to fully com plement the extensive fixed route capacity to and from Aspen
Highlands. In developing the existing Dial-a-Ride program, the three overlapping entities (as
explained in the following organizational section) involved in providing service determined that the
service described in Exhibit 0 represents a duplication and overlap of the extensive fixed route
service already being provided to and from downtown Aspen. The AHV Dial-a-Ride system has
been structured to provide convenient "many-to'many" service.
In order to comply with the spirit and intent of the SIA - Exhibit 0, a comprehensive Dial-a-Ride
service program is currently in place and operating 365 days per year. Table 1 provides detailed
information about the three components that make up the program. The following outline provides
an overview of the current program:
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 7
Table 1.
Dial-a-Rlde Services
. AmenWes
Services AHVMD Service Ritz Carlton Club Association
Rider Eligibility All Aspen Highlands Ritz Carlton Club, Aspen Highlands
Village and Five Residents and Guests Village Free-Market
Trees Residents and Residences -
Guests Residential Guests
Hours of Operation 5:30 AM to 2:00 AM 24 Hours per Day 6:00 AM to 10:30 PM
(20.5 Hours) (16.5 Hours)
365 Days per Year
365 Days per Year 365 Days per year
Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association
Village Metropolitan and Joshua &
District and High Company
Mountain Taxi
Number and Type of 37 Taxi Vehicles 4- Suburbans 2- Suburbans
Vehicles (7 Passenger) (7 Passenger)
2- Turtle Top Vans 1- Tahoe
(14 Passengers) ( 5 Passengers)
Headways Demand Responsive Demand Respons Ive Demand Respons ive
(No Set Headways) (No Set Headways) (No Set Headways)
Service Area Aspen Downtown Aspen Downtown Core Aspen Downtown
Core and Aspen/ and Aspen/Pitkin Core and Aspen/
Pitkin County Airport County Airport Pitkin County Airport
Summary of Current Sf?!rvices
. Hours of Ooeration: Between 20.5 and 24 hours per day, 365 days a year.
. Number of Vehicles:
)> 2 - Turtle Top Vans (14 passengers each)
)> 5 - Suburbans (7 passengers each)
)> 1 - Tahoe (5 passenger) - recently added to the fleet in response to increased
demand
)> 37 - High Mountain Taxi vehicles
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 8
. Headwavs: Currently the entire system is run as an on-demand service with no specific
headways. The areas serviced are to and from the downtown core including points in
between and to and from the Aspen/Pitkin County Airport.
. Service Provided: Building upon the extensive fixed route mass transit component at
Aspen Highlands, the initial Dial-a-Ride service is operating as an on-demand system. This
system was established to respond to the varying requirements of guests, visitors and
residents. It has the capacity to grow with demand without typical delays due to vehicle
limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix
has been expanded to meet increasing demand.
The AHV Dial-a-Ride system is comprised of three overlapping services. All residents and guests
at AHV and Five Trees have basic service provided through High Mountain Taxi. This service is
supplemented for the Tourist Accommodation Units and the AHV Free'Market Residential Units.
The system can be described in the following manner:
. All Units in AHV and Five Trees - On-demand service available from 5:30 am until 2:00
am,7 days a week to the Airport and downtown Aspen. This service is contracted through
High Mountain Taxi. High Mountain Taxi was selected because they are a recognized
provider of transit services by RFT A, they have handicap accessible vehicles available for
use upon request and they have the dispatch and fleet necessary to meet both present and
future needs of the Dial,A-Ride program.
. Tourist Accommodation Units - On-demand service available 24 hours a day, 7 days a
week to and from the Airport and downtown Aspen. This service is provided by two 14
passenger Turtle Top vans and three 7 passenger Suburbans.
. Free-Market Residential Units in AHV - On-demand service available from 6:00 am until
10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This service is
provided by two 7 passenger Suburbans and one 5 passenger Tahoe.
In summary, the AHV transportation system provides a flexible and convenient response to the
mobility needs of residents and guests. It exceeds the service requirements and the number of
vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and varied
desires for moving to downtown Aspen and the airport. Costs to provide the total Dial-a-Ride
service are approximately $44,100 per month or almost $530,000 per year (see Appendix A). This
amount greatly exceeds the amount contemplated when Exhibit D was signed.
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 9
III. AN ORGANIZATIONAL CHART INDICATING MANAGER AND PERSONNEL TO
PROVIDE SERVICES
The Aspen Highlands Metropolitan District is responsible for management and assuring the service
of the Dial-a-Ride program for AHV and Five Trees (see Figure 1). The manager of the District is
Beach Resource Management, LLC. High Mountain Taxi provides the Dial-a-Ride for All Units at
AHV and Five Trees through a contract with the Aspen Highlands Commercial Metropolitan
District, a quasi-municipal corporalion and political subdivision of the State of Colorado.
The Dial-a-Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as a
part of their overall management of the Association responsible for these units.
The Dial-a-Ride service for the Free-Market Residential Units at AHV is provided by Joshua &
Company as a part of their overall management of the Amenities Association responsible for these
units.
The District manages the providers of the services listed above; Joshua & Company, the Ritz
Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the
responsibility of the District to assure that any gaps in service are filled immediately. The District
has specifically taken on this responsibility as a part of the Service Plan for the District.
IV. SERVICE MARKETING PLAN
Services are marketed to residents and guests using several methods. During the sale of all units
within Aspen Highlands Village, prospective owners are advised of the transit options available to
them. Following the sale of all units, residents and guests are advised through a community
website and quarterly newsletters of these services and their hours of operation; through periodic
meetings; and through updates mailed to residents. Appendix B shows typical examples of the
newsletter and website information concerning the available Dial-a-Ride services. In addition,
written materials are available at the community post office and at the Maroon Creek Station.
Samples of these printed materials available are shown in Figure 2.
The Ritz Carlton and Joshua & Company also advise their guests of the availability of these
services at the time reservations are made. Guests are also advised that there is no need to rent a
car during their holiday stay, as several alternatives are available to them (including shuttles, vans,
taxis and bus service). Guests, residents and day skiers appear to have embraced this message
as the use of these services is close to meeting forecasts.
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Figure 1
Organization Chart
FELSBURG HOLT & ULLEVIG
03. 1 ~ J
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Figure 2
Transit Related Materials Available
at the Community Post Office
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FELSBURG HOLT & ULLEVIG
03-144
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 12
In order to continue the past and current success of the transportation system, there needs to be
continuing efforts to provide more information to Aspen Highlands Village guests and residents.
This is an ongoing process of refining and enhancing the message about alternative transportation.
Upon approval of this Service Plan, the Aspen Highlands Metropolitan District will enter into a
marketing agreement with the City of Aspen Transportation Department to assist in the marketing
of the various transportation options available at Aspen Highlands Village. Recently the Metro
District has increased the level of information that is provided to residents and visitors which has
increased their awareness of current services. This awareness has been gained through
increased use of promotional materials, a change in the website format and description, notices
placed on residential doors within Aspen Highlands Village, and completea phone surveys on
transportation alternatives to determine use and utility of services offered. The District is
considering establishing a yearly budget for marketing that would allow continued printing of
brochures and door hangers as well as including reminders about the available Dial-a-Ride
services in each edition of the newsletters.
The District participates in the Transportation Options Program and attends bi-monthly TOP
meetings with businesses and others on transportation issues and provides fully subsidized bus
passes for staff of the District, the Master Association and the Parking and Loading Dock
Association.
MONITORING & REPORTING
Exhibit D of the SIA defines the following requirement for transportation system monitoring and
reporting:
"At the end of the first three years of operation (Dial, a-Ride) AHV shall submit an annual report to
RFTA at the end of the winter season The report shall include:
1. Statistics regarding ridership for the previous year;
.2. Instances involving standees and missed trips, or trips requested but not provided; and
3. Statistics regarding accidents and roadside calls.
Based upon the review of the annual report, changes in the level of service may be made."
While these general reporting requirements are required for the Dial-a-Ride system, there are
greater reporting requirements relative to transportation as a whole for Aspen Highlands Village.
The Aspen Skiing Company began preparing annual reports regarding the agreed to service plan
in the 1999/2000 ski season. These monitoring reports have also been prepared and submitted to
the City of Aspen for the last three years. The 2002/2003 report has been completed, and a copy
is attached to this memorandum.
in order to provide more complete information, the Aspen Highlands Metropolitan District has
formulated the following comprehensive monitoring plan that was put into effect in January 2003:
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 13
. The District assumed responsibility for the monitoring of air quality, and collection of
information regarding ridership, traffic counts, et cetera in December 2002. With the
assumption of these monitoring requirements, it was discovered that the air quality
monitoring station could not be properly calibrated. Intermountain Laboratories was
retained immediately and the system was completely overhauled and rehabilitated. A spare
parts inventory was established, and the monitoring station has been running efficiently and
providing accurate information since January 2003.
. The District has also compieted traffic counting during the 2003 ski season; traffic counts
included a breakdown between vehicle types (bus, shuttle, service vehicle, skier/visitor, and
resident), vehicles per hour, et cetera. The traffic survey is included in the annual report to
the City which will address air quality, transit and on-demand services. A copy of the
Monitoring Report for the 2002/2003 ski season is attached to this memorandum.
. The District has purchased and is installing a traffic monitoring system that will operate on a
continuous basis during the 2003/2004 season. Additional equipment that will be
purchased includes five vehicle counters that will be installed on Prospector Road,
Thunderbowl Lane, the entrance to Building 7 and the entrance to Building 5. The fifth
counter will be installed in different locations throughout the year to record traffic at other
portions of the village. Hose counters will only be installed on snowmelt roads during the
winter to prevent damage and loss of information. Several cameras have recently been
approved for installation to monitor traffic at the bus stop area on Boomerang. It is possible
that some of the discrepancies in reporting between various entities are due to riders to
Highlands not departing the bus at Highlands. It occurs to the District that many riders that
get on the bus at other iocations may ride to Highlands to get to Aspen. For example, the
bus stops at Castle Creek, the roundabout, the Aspen School District, and the Aspen
Recreation Center before stopping at Aspen Highlands. It is clear that Highlands is not the
final destination for these riders. The data produced by this system will become part of the
annual report and will provide daily figures on traffic totals at Aspen Highlands Village. The
system is proposed to be set-up to differentiate between vehicle types and to allow for the
generation of additional data that will be useful to the Village and the Maroon Creek
Corridor transit program. More details about the proposed traffic monitoring system for the
2003/2004 season are provided in Appendix C.
. The District has agreed to continue monitoring for an additional period of two years beyond
what was originally required due to gaps in information during the past two years (prior to
the District assuming responsibility for monitoring). During this period of time, the District
will monitor air quality at Aspen Highlands; traffic numbers and, if possible, traffic type;
Buttermilk shuttle ridership; mass transit ridership; "kier bus ridership; Maroon Bells
ridership; Dial-A-Ride use including all services provided to village residents; airport use
versus downtown core use; and skier parking counts.
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 14
. The District will also cooperate with the Aspen Highlands Village Association and Aspen
Skiing Company to compare special event numbers to traffic generation numbers and
changes in air quality data, if any. All data will be evaluated and converted to useful
information for inclusion in the annual report. Beginning in 2004 this report will be issued
shortly after the close of the. ski season. The report will include information from summer
2003 activities and Maroon Bells transit information.
SUMMARY
Aspen Highlands Village provides a very comprehensive transportation system for residents,
guests, and skiers. AHV supports a number of fixed routes that are operated by RFT A. In
addition, a Dial-a-Ride system is provided for residents and guests. This system is well supported
financially and is very close to meeting ridership goals: The system provides overlapping services
so some users have several options for their trips to downtown Aspen and the Airport. This
success is due to an ongoing information program that is refined and enhanced continuously to
maintain recognition of the alternative transportation options available to AHV residents and
guests. A procedure to improve Monitoring and Reporting of the status of the system has been
included in this memorandum.
We look forward to continuing to work closely with the City of Aspen and RFT A to provide
transportation alternatives at AHV.
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MEMORANDUM
TO:
Julie Ann Woods, Community Development
FROM:
Cindy Christensen, Housing Office
DATE:
May 6, 2004
RE:
ASPEN HIGHLANDS VILLAGE EMPLOYEE AUDIT
ISSUE: When the Aspen Highlands Village PUD was approved, a condition of the approval was
that "An audit of full-time employees shall be conducted at the applicant's expense one year after
completion of Phase Four. The applicant shall be responsible for housing mitigation of any
employee generation over and above that contemplated at the time of Detailed Subdivision
approval. If the required audit shows a reduction in employee generation, the applicant may seek a
credit to be used on other Pitkin County projects."
BACKGROUND: Hines Highlands Limited Partnership (HHLP) contracted Haas Land Planning,
LLC to conduct the employee audit for the Aspen Highlands Village project. The use of Haas Land
Planning LLC was approved by the Housing Office as an impartial third party to conduct the audit.
The audit concluded that the Ritz-Carlton Club maintains about 14.75 more FIE's than had been
accounted for by the approved generation factors. However, the audit showed that HHLP and the
Aspen Ski Company maintained approximately 23.45 and 6.18, respectively, fewer FTE's than
expected at the time of the approvals. The total FTE' s of the PUD are to be considered; therefore,
the final conclusion of the audit holds that the Aspen Highland Village PUD generates about 14.89
fewer FTE's than were expected to be generated when the approvals were granted.
The calculations presented were correctly computed, but remain subject to limitations. Those
limitations are stated below:
I. The annual man-hour figures in the audit are based on data provided by the Ritz-Carlton
Club, Hines Highlands Limited Partnership and the Aspen Ski Company. Data was not
independently obtained from or documented in State records or any other source.
2. Where a space remains vacant or a tenant did not provide information, the audit used the
approved employee generation rates to result in neither a shortfall nor a surplus of FTE's
attributable to that space.
Mitch Haas stated that an audit can only be as good as the data on which it is based, and not all
tenants had been able to provide multi-year data. It was impossible for Mr. Haas to extrapolate
meaningful trends or even arrive at meaningful averages.
1
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RECOMMENDATION: The Housing Board reviewed the findings of the audit and concluded the
following:
1. Hines Highlands Limited Partnership has satisfied their mitigation requirement for the
development of Aspen Highlands Village.
2. The audit concluded that there is a credit of 14.89 FTE's.
3. Condition 16 of BOCC Resolution No. 97-167 allow the Hines Highlands Limited
Partnership to seek a credit to be used on other Pitkin County projects.
4. At such time that Hines Highlands Limited Partnership would want to utilize any of the
14.89 FTE credits, approval would need to be received from the appropriate elected body
and the amount utilized to be noted in a recorded document until such time as all of the
credits are utilized.
2
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ReCEiVED
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SUllDIVISION IMPROVEMENTS AGREBHENT
!'OR TlIE
ASPEN 3IGHLANDS VILLAGE P.U.D.
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THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement"), made
and encered i:J.to this /<;!!! day of /:/-r"Mn-, 1998, by and between
HINES SIGELANDS LIM!~SD PART~RSHI?, a Delaware limited
oartnershio (hereinafter referred to as "Owner") and TF-E BOARD OF
COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the
governing body of pitkin Couney, Colorado (hereinafter referred to
as "BOCC" or "County").
W I ~ N E SSE T H
A. The Owner has received final approval for a Site
Soecific Develooment Plan from the 30CC for a subdivision ~~own as
The Aspen Highlands Village P.U.D., a Planned Community, as see
forth in the Detailed Submission Consolidated Documents,
consisting of:
.
.
Thirty-one (31) detached free-market dwelling units;
Thirty-two (32) townhouse free-market residential dwelling
units;
Seventy-three (73) tourist accommodation units;
Thirty-eight (38) dorm units;
Twenty-two (22) Categorj 4 affordable housing sale units (4
bedroom) ;
One (1) categorj 4 affordable housing sale unit (3 bedroom)
Twenty-eight (28) Categorf 3 affordable housing sale units (3
bedroom) ;
Eight (8) Categorf 1 affordable housing sale units (1
bedroom) ;
Eight (8) Categorj 2 affordable housing sale units (1
bedroom) ;
TWo (2) Category 3 affordable housing rental units (1
bedroom)
Five (5) Category 3 affordable housing rental units (2
bedroom)
Ten (10) Caretaker Dwelling units;
TWenty-one thousand six hundred (21,600) square feet of
retail space (Net Leaseable Area "NLA");
Fourteen thousand one hundred twenty five (14,125) NLA
restaurant space;
TWelve thousand (12,000) square feet of accessory skier
services (NLAl;
Four thousand eight hundred (4,800) square feet of
condominium rooms and meeting rooms (NLA);
TWo thousand two hundred (2,200) square feet of ski area
storage (NLAl;
Four hundred fifty (450) parking spaces for the Aspen
Highlands Ski Area; and,
No less than two hundred thirty (230) off-street parkin~
spaces
.
.
.
.
.
.
+
.
.
.
.
.
.
+
.
.
.
+
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(hereinafter collecti'lely the "project") on that certain real
prc1)erty (the "pro1)er:.y"l located in pitkin county, Colorado, more
partic~larly described on the Final Plat of ~he AS1)en Highlands
Villaae p.tJ.D. (herein "Subdi'lision Plat") which olat: is filed of
record in Plat oook+i at: Page -L- in the real pro1)erty records of
pitkin Count'l, Colorado. (Since det:ailed submission, a small
modification-has been made to the affordable housing unit mix.
This c~ange was appro'led by the BOCC at final plat. The current
clan shows one hundred twel'le (112) affordable housing '~its,
housing 267.75 peo1)le. ~his com1)ares to the pre'lious approvals
wh~ch oontained one hundred eleven (111) affordable housing units,
housing 267.25 people.)
B. The County has fully considered and appro'led the
Oetailed Submission, as evidenced by pitkin county Resolution No.
~(_,~" "Granting Detailed Submission, Planned Unit Development,
Subdi'lision, and 1041 Environmental Hazard Review Apprcval,
Condominiumizat:ion Approval, Transferrable Density Rights Recei'ler
Site Approval, and Special Review A1)proval for :.he Aspen Highlands
Village PUD project" (herein the "Resolution" or "Detailed
Submission Approval"), recorded in the real pro1)erty records of
pitkin County, colorado, at Rece1)tion No. 4~~~~ ' and as
evidenced by pitkin County Ordinance Nos. q_ -__, , recorded
in the real property records of pitkin County, Colorado, at
Reception Nos. Jf//tJtJ.~ ~ :'.... X ~(fJi) .
C. The County has fully considered the Final Plat of The
AS1)en Highlands Village P.U.D. as evidenced by pitkin County
Resolution No. 98-~, granting Final Plat A1)proval, recorded at
Reception No. "/ 'Z. 7 7.,1o~ .
D. Subsequent to obtaining approval of the Detailed
Submission and amendments, the name of the project had been
referred to as "The Aspen Highlands Base Village P.tJ.D.", All
references to The Aspen Highlands Base Village p.U.D, or the
"project" shall mean and refer to "ASpen Highlands village".
E. This Agreement evidences the Owner's agreement to the
conditions contained in the Resolutions as required by the
subdivision regUlations contained in the pitkin County Land Use
Code.
P. In granting said approval, the County has: (i) fully
considered the proposed development as described in the
Resolutions and the anticipated benefits and burdens to
neighboring properties; (ii) fully considered the requirements of
the pitkin County Land Use Code (the "Code") in effect for this .
project, and such other laws, rules, and regulations as may be
applicable; and, (iii) imposed conditions and requirements as more
fully set forth in the Resolutions, whiCh conditions and
requirements the county deems necessary to protect, promote, and
enhance the public health, safety, and welfare. .
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G. Unde~ tee authority of Section 6-4.5 of the Code, the
County is entit~ed to assurances that the matters hereinafter
agreed to wi:~ be faithfully performed ~y the Owner, its
successors and assigns, The Owner is willing to enter into this
Agreement, and provide such assurances to the County.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, it is
agreed by and be~ween the Owner and the 30CC as fol:ows:
1.. Water SYstem. Owner agrees to install,. or guarantees
installation of a cen~ral wate~ system connected to the City of
Aspen water system to provide water service to Aspen Eighlands
village, including water ser/ice to the lot line of each lot in
the Subdivision. Lines shall conform to the reauirements and
specifica~ions provided to Owner by the City of "Aspen.
2. Roads. The Owne~ agrees to install or guarantees
instal~ation of the private or public roads in accordance with
plans submitted and approved by the County in the Aspen Highlands
Village P.U.D. Detailed Submission. Roads shall be constructed in
conformance with all requirements set forth in the De~ailed
Submission Approval.
.
3. Electric Service. Owner agrees to install or guarantees
installation of electric power lines to provide electric service
to Aspen Highlands Village, including electric service to the lot
line of each lot within the Subdivision. Power lines,
transformers, and installation of the same shall conform to the
requirements and specifications provided to Owner by Holy Cross
Electric Association.
4. Tele~hone Service. Owner agrees to install or
guarantees installation of distribution cable and feeder
facilities, including pedestals, to provide telephone service to
Aspen Highlands Village, inclUding telephone service to the lot
line of each lot within the Subdivision. Telephone line
pedestals, and the installation of the same, shall conform to the
requirements and specifications of U.S. West communications.
5. Natural Gas. Owner agrees to install or guarantees
installation of natural gas lines to provide gas service to Aspen
Highlands village, including gas service to the lot line of each
lot within the Subdivision. Natural gas lines shall conform to
the requirements and specifications provided to Owner by KN
Energy.
6. Waste Water niSDosal.
guarantees installation of waste
lines to provide sewage disposal
Owner agrees to install or
water collection systems and
service to Aspen HighlandS
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vi~lage, including sewage disposal serlice to the lot line of each
lot within the Subdivision. Waste water collection syscems and
lines shall confo=m to the reauirements and s~ecificacions
provided to Owner by the Aspen Consolidaced sanitation District.
7. underaroundina of utilities. Owner shall underground
all new utilities in the Project with the exception of required
surface mounted transformers, teleDhone and cable television
pedestals, natural gas, pump and pressure reducing scat ions , fire
hydrancs, mecers, and sim~lar appurtenances requiring above-grade
inscallation. Irrigation, snowmaking, and domestic wacer pump
stations will.be either sheltered or placed underground.
8. RFTA Payments. Owner shall implemenc the phasing plan
that clear~y identifies the ridership threshold on the existing
castle/Maroon Roaring Fork Transit Agency (RFTAI route that will
trigger a requiremenc for the Owner to make a payment to aFTA for
the purchase and operation of one (1) additional bus on the route.
(See Exhibits "A" and "D")
9. Public Trails. Owner agrees to construct or provide
security for the construction of the Dublic trails as included in
Exhibit "A" (the "project Public Improvements") attached hereto
and made a part hereof, in conformance with Decailed Submission
Approvals. Two public trails are to be conscructed, one next to
Maroon Creek Road. The cost for this trail is included in Exhibit
"A" and Exhibit "E" (the "Maroon Creek Corridor Improvements
Estimate"). The second public trail is shown on the plat as part
of Thunderbowl Lane. It links the HighlandS Village to the Moore
PUD along powderbowl Trail. Exhibit "A" includes the construction
of this trail.
10. Traffic and Transit parkina Plan. The Owner shall
implement a comprehensive traffic/transit/parking monitoring
syscem plan, which shall include measures to ensure increased
mitigation actions if monitoring shows that the mitigation plan is
not adequate. The owner shall administer the monitoring plan
through the conclusion of Phase 4 of the construction, and for
three (3) years thereafter. Annual reports shall be submitted to
the Community Development Department for County and RFTA review.
If traffic impacts exceed traffic projections, additional
mitigation in the form of transit mitigation may be required. The
monitoring system shall address the fOllowing issues:
<al If the trips generated by AHV exceed the
projections contained in the "Revised Maroon Creek Corridor
Detailed Transportation Plan", dated February, 1997, so as to
require mitigation for those additional impacts, the additional
mitigation required by Owner must be approved by the BOCC based
upon the recommendations of the pitkin County Community
Development Department and any appropriate referral agency (e.g.
RFTA and/or pitkin County Engineering Department) .
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(b) If the trips generated are lower than the
projections contained :.n :.he "Revised Maroon Creek Corridor
Detailed Transpor~ation ?lan" , dated Februarf, 1997, the Owner
shall be ~ntitled to suggest a reduction in the traffic mitigation
programs then being funded. Such reduction shall be based upon a
finding by the BOCC that the reduction is appropriate; provided,
however that Owner shall not be entitled to a refund for any
portion of its inf=astr~cture donation described in paragraph 17
below.
~~. Construction ?hasinq Schedule. The Project ?ublic
Imcrovements for which the Owner is obligated as identified in
this Agreement shall be substantially constructed or installed in
accordance with the phasing plan set forth in Exhibit "B" attached
hereto and made a part hereof (the "Aspen Highlands Village
phasing Plan"). Variations in the phasing schedule shall be
permissible in order to provide on-site flexibility in completion
of the ?roject Public Improvements.
12. Construction Manaqement Plan. The construction
management plan ',olill be as set forth in Exhibit "C" attached
hereto and made a part hereof (the "Aspen Highlands Village
construction Management Plan"), and provides for the management of
construction traffic and fugitive dust control plan. the staging
of construction equipment and materials, and public notification
plans for road closures or any other public inconveniences during
construction.
13. Dial-A-Ride. Owner agrees to implement a
"Revised Aspen Highlands Village Castle Maroon and Oial-a-Ride
Service plann as set forth in the detailed plan attached hereto as
Exhibit "D", the costs of which are set forth in Exhibit "A".
~4. Landsca~inq. Owner agrees to install or provide
security to ensure the installation of landscaping as depicted in
the ASpen Highlands village P.U.D. Detailed Submission, and
specified in the project Public Improvements. The Owner shall
implement and be responsible for the performance of all
landscaping associated with Phases 1 through 4, which shall be
secured by a bond enforceable by the County in an amount equal to
one hundred percent (100%) of the estimated cost of completion.
All plant materials used in the landscaping shall be guaranteed
for two (2) growing seasons after the initial installation. Owner
shall revegetate all disturbed areas with a mixture of indigenous
grasses and wildflowers. The use of invasive grasses shall be
prohibited. Owner shall also implement a weed control plan,
especially in the wildflower meadows, the first level of which
shall be non-chemical; provided, however, that chemicals may be
used if non-chemical weed control fails.
~s. As-Built Survey. The location of various elements of
the Project as shown on the PUD Plan, Final Plat or civil drawings
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submitted therewith. including but not limited to, utilities,
roads and trails. renresents the best olannina of Owner as to
where such imprcvements can and will be built~ Ac=ual ccnditions
relat~ve to const=uction mav require minor deviations or
var~ations as to the location of such improvements. At such t~me
as construction of any or all of the Project elements is complete,
Owner may cause the precise location of such improvements to be
surleyed. Based on such surley, the County Planning Director may
at the request of Owner approve insubstantial amendments =0 the
PUD Plan. Final Plat or the civil drawings to correct dev~at~ons
in the as-built surleyed location of any such improvements.
16. Financial Assurancas. The Owner shall be responsible for
the construction of the improvements as set forth in the Project
Public Improvements and full compliance of the conditions and
covenants of this Agreement and the Detailed Submission Approvals.
including site restoration ~n the event the work undertaken
pursuant to the earthmoving permit is not substantially completed.
Owner shall sec~re the financial assurances required in this
Paragraph by obtaining a surety bond in a form approved by the
County Attorney. The project Public Improvements shall include
those items set forth on Exhibit 'A". If a metropolitan district
is formed. the assessments shall be based on assessed valuation.
Installation of landscaping will not be funded by the special
metropolitan district. .
(a) No security for any project Public Improvements
shall be required from Owner until issuance of the first building,
excavation, demolition or grading permits for any of the Project.
Upon the issuance of the first excavation, demolition or grading
permits for any of the project, Owner shall, as to the project
Public Improvements, provide security adequate to assure the
substantial completion thereof generally in accordance with the
Phasing Schedule. For example, if the cost of completion for the
first phase is $500,000.00, then the Security may be obtained in
such amount, and so forth. for each phase.
(h) As the improvements required by this Agreement are
substantially completed, the County Engineer or county Director of
Public Works shall inspect the work within thirty (30) days of
written request made to the Public Works Department and the Pitkin
County Attorney's Office, and on reasonable acceptance of the
improvements by the County Engineer or County Director of Public
Works, the Pitkin County Attorney shall authorize the immediate
release of the security. By "substantially completed" the parties
mean construction that is essentially complete other than 'punch
list" type work for ,...hich the County may require continuing
security.
(e) partial Releases of the security may be requested
by Owner utilizing the same procedure set forth above and subject
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to establishing satisfactor/ partial completion of the
i~~rovements, suc~ aar~ial =eleases shall be cranced.
- - -
(dl Failure to respond wi~hi~ :or~y-five (45) days of
any request for partial or final release shall ccnstitute
acceptance of the i~provements by the pitki~ :cunty 3ngi~eer or
pitkin County Director of Public Works and release or partial
release of the security shall be granted.
lel o'~er ~ay cause a Special ~etrcpolitan District to
be formed for purposes of financing and mai~tenance of all or part
of the construction of the project-Public Improvements. If such
district is formed, then at the time the district obtains funding
from the sale of bonds or other sources sufficient for the
construction of the project public :mprovements, owner shall be
entitled to a release from the County of an equivalent amount of
Security provided t~e County Attorney is satisfied with the
County's ability to have the Project Public :mprovements completed
in the event of owner's default. If the county Attorney is not
satisfied as required herein, the original security posted by the
Owner for the comoletion of the work will not be released until
there is compliance with Paragraph 30 of this ~greement. The
county agrees that it will not oppose the fornation of a special
improvement district for the purposes set forch herein.
.
~7. Maroon Creek Road/Hiahwav 82 Intersection. Upon
recordation of the Final Plat, the Owner shall escrow Six Hundred
Fifty Thousand Dollars ($650,000.00) which must be used for
infrastructure improvements along the Maroon Creek/Castle
Creek/Highway 82 intersection and Maroon Creek Road. The cost
projections for these improvements are set forth on Exhibit "E".
Owner will make the improvements described on Exhibit "E", and the
County may use the remaining funds for other improvements within
the Maroon Creek corridor, inclusive of the Maroon creek/castle
creek/State Highway 82 intersection. The Owner shall not be
responsible for any additional cost of these proposed improvements
above the six Hundred Fifty Thousand Dollars ($650,00.00) provided
herein. In addition, the Owner shall contribute Three Hundred
Fifty Thousand Dollars ($350,000.00) for long-range improvements
to the Castle/Maroon intersection as part of the Entrance to Aspen
FEIS.
~8. Im~rovement Maintenance Aareement. In accordance with
Section 6-4.5(b) of the code, Owner shall, prior to the
conveyance, sale or transfer of any single family lots within the
project (excepting transfers by Owner or its assigns of
undeveloped lots or the granting of liens to lenders), provide for
maintenance by the Aspen Highlands Village p.U.D. homeowners'
association or other Special Metropolitan District in perpetuity
of all Project common improvements not accepted for dedication by
the County or the utility providers.
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~9. Certificates of Occu~ancv. Once a bend has been posted
with :he Councy tc ccve~ the cost Qf the Affordable Housing units
in Blocks B, F, and G, and AffQrdable Sousing ~nits in Block D,
Building 3, all Free-Market Units in the Single ?amily and
Townhemes shall be entitled to Cercificates of occupancy, subject
to satisfaction of all other requirements necessary to obtain a
Ce~tificate of occupancy. In the evenc Certificates of Occupancy
have not been issued for the Affordable Housing ~nits in Elocks B,
F, and G, and Block D, Building 3, by Decembe~ 1, 2001, the county
may pursue the remedies provided for in Paragraph 25 hereof.
Buildings 2, 4, 5, and S, Block D, contain mixed land uses,
including Affordable Housing Units. Certificates of Occupancy
shall not be issued for free market spaces in ~hese buildings
until certificates of oc~~pancy have been issued for the
Affordable Housing Units in the corresponding building. Nothing
in this paragraph shall prevent Owner. from Obtaining demolition,
grading, excavacion, foundation, building pe~its, or any other
permits for the project.
20. Execution of Final P~at. The Owner's obligations to
const=uct the improvements hereunder are expressly contingent on
the Owners' recordation of the Final Plat in the real property
records of pitkin County, Colorado, and on the EOCC's approval of
the Final Plat.
.
21. vested Riahts. The BOCC has considered the needs of
both the County and Owner, and has determined pursuant to C.R.S.
~24-68-101 et.seq. that the Phasing Schedule shall, for the time
periods set forch therein, or any amendments thereto approved by
the County or Planning Director, constitute an extension of the
vested property rights appurtenant to the Property for five (51
years. Upon completion of Phase 1, as defined in Exhibit "B", the
Development Approvals shall be deemed vested in perpetuity.
22. Covenants Runnina with Land. All covenants,
restrictions, conditions and obligations contained herein or on
the Final Plat are and shall be covenants running with the land
and shall attach and bind and inure to the benefit of the Owner
and the BOCC, and their respective grantees, successors and
assigns.
23. Bulk Sale. In the event Owner does not develop the
Subdivision, Owner may sell all or a portion of the Subdivision in
bulk to a third party who shall develop the Subdivision, or
portions thereof, including the construction of the improvements
contemplated hereunder, in accordance with and subject to the
provisions of this Agreement. Upon such a bulk sale to a third
party, Owner shall be automatically released of all liability and
obligations under the terms of this Agreement, provided such
subsequent owner will be bound by the provisions of this
Agreement.
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24. Assianment of Interest and Obliqations. Owne~ may
assign its incerest i~ the p~cperty to a third party, who shall
develop ~he prcperty or portions thereof, including the
ccnscr~ccion of the Pro~ec~ public Imo~ovemencs con~emolated
hereunde~, in accordance with and subJec~ to the prcvisicns of J
this Ag~eement. owner may also assign certain of its obligations
hereunder to any one C~ mare special dist~icts or homeowners
associations to be formed for purposes of performing such
Obligations.
25. Remedies of Countv. In the event Owne~ shall fail to
construct the p~oject Public :mproveme~ts for which it is
resoonsible under this Agreement in accordance with olans and/or
specifications appearing in the drawings approved by-the Cc~~ty,
and within the schedule set far the completion of said p~oject
Public Improvemencs, the County shall provide Owner with a notice
of nan-compliance ("Notice of Nan-Compliance") together '/lith the
righ~ far a pericd of ninety (90) days afte~ the receipt by Owne~
of such notice far Owner to cure such non-corncliance or schedule a
hearing with the BOCC. Provided, however, the Owner may
reasonably modify the schedule far construc~ion of any project
Public Improvements by providing written nccice to the Coun~y.
The Notice of Nan-Compliance shall include a list of specific
deficiencies to be corrected in orde~ to cure the nan-compliance.
If owner, by written notice to the County given prior.to the
expiration of the time to cure set forth in the Notice of Non-
compliance, disputes whethe~ or not a default exists, then as soon
as practical within said ninety (90) day pe~iod, the BOCC shall
conduct a hearing (the "NOn-Compliance Hearing") to determine
whether or not a default exists. At such hearing, Owner may
present any evidence relevant to the alleged default. Should the
BOCC determine at the hea~ing that a default exists, then Owner
shall have ninety (90) days from the date of the hearing within
. which to correct the deficiencies, weather permitting, If at the
exoiration of said ninety (90) day time period, Owner is
proceeding with due diligence to correct the deficiencies, weather
permitting, then said time period shall be extended far so long as
Owner shall continue to proceed with due diligence to correct such
deficiencies.
(al If Owner shall fail or refuse to cure the
deficiencies identified in the Notice of Non-Compliance within the
time provided or in the event a Nan-Compliance Hearing shall occur
where the BOCC determines a default exists and ninety (90) days
from the date of the hearing or any extension thereof shall pass
without the deficiencies being cured, then at any time thereafter
the county shall have the right to draw on said Security to
correct the deficiencies.
(bl NO default hereunder by Owner shall result in any
revocation or termination of the project approvals as described in
the Resolutions. Once the financial assurances required by this
Agreement have been released, the county specifically waives any
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right it may have to object to the Project ?ublic Imorovements or
to require the Owner to perform additional work, nocwithstanding
guarantaes and warranties.
(c) In the event the Co~~ty draws on the security to
correct deficiencies, ic shall make a good faith effort to correct
the deficiencies and complete the projecc in accordance with
approved plans and specifications: provided, however, the County
will not be liable to the Declarant, its successors and assigns,
including individual loc owners, for the County's failure to
correct the deficiencies or properly complete the Project. The
County shall be obligated to make a good faith efforc to complete
the project, provided that the County may decide to only secure
public health, safety, and welfare. In such event, the. County may
only draw on the bond in an amount necessary to complete said work
in as economical and efficient a manner as possible.
(dJ Nothing contained in this Agreement shal: limit
other remedies available to pitkin County under Colorado law.
26. Entire ~~reement. This Agreement constitutes the
full and complete agreement of the Owner and the BOCC, and may not
be modified except by a written agreement duly executed by all
parties.
27. Notices. Notices as desired or required hereunder shall
be in writing and deemed effective from and after the expiration
of three (3) days after it is deposited in the United States Mail,
postage prepaid, certified, return receipt requested, or by
courier (overnight service) to the addresses set forth herein.
Notices may be hand delivered, and shall be deemed effective on
delivery.
If to pitkin County:
Board of County Commissioners
c/o pitkin county Manager
pitkin county Courthouse
506 East Main Street
Aspen, CO 81611
If to Owner:
c/o Sob Daniel
Hines Highlands Limited
partnership
426 E. Mai::1 St.
Aspen, CO 81611
with a COOV to:
John M. Ely
pitkin County Attorney
530 East Main Street
Aspen, CO 8H11
with a Coov to:
Gideon Kaufman, Esq.
Kaufman ~ Peterson
315 E. Hyman. #305
Aspen, CO 81611
The parties to this Agreement shall have the right from time
to time to change their respective addresses, and each shall have
the right to specify as its address any other address within the
United States by at least ten (10) days written notice to the
other party as provided in this paragraph.
28. caotions. Titles or captions of paragraphs contained in
this Agreement are inserted only as a matter of convenience and
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for reference, and in no way define, limit, extend, or describe
t~e scope of t~is Agreemen~ or the intent of any portions hereof.
29. Conf1ict. This Acreemenc is incended to amolifv and
- - -
carry out cercain of the provisions of the Resolutions. In the
event of any conflict between the provisions of this Agreemenc and
t~e Resolutions, the provisions of this Agreement shall, to the
fullest extent pe~it:ed by law, govern and control.
30. Force ~aieure/Delav Davs Extension. In the event that
Owner shall be delayed or hindered from performing ~nder this
Agreement (ot~er than payment of any sums due or providing any
Security) by reason of nacural disaster, weather or seasonal
conditions, labor troubles, inability to procure macerials,
failure of power or other utilities, war, or other reasons beyond
its control, then the period for the performance hereunder shall
be excended for a period equivalent to the period of suc~ delay or
hindrance (the "Delay Days"). Within thirty (30) days following
the end of each calendar year, or sooner, Owner shall notify the
County in writing of any Delay Days claimed for the calendar year
or other period.
3~. Releases. From time to time, Owner shall have the right
to obtain from the councy, in recordable form, parcial releases
from its obligations under this Agreement where such ooligations
have been fully performed or are no longer applicable. When all
the obligacions of Owner hereunder have been performed or are no
longer applicable, the parties shall, at the request of Owner and
in recordable form, enter into a full release (and termination) of
this entire Agreement.
32. Further Assurances. Each of the parties agree to
execute, acknowledge, and deliver such further instruments,
documents, or certificates, and to do all things and acts as the
other party may reasonably require in order to carry out the
intentions of this Agreement and the transactions contemplated
hereby.
33. Construction. No provision of this Agreement shall be
construed against or interpreted to the disadvantage of any party
by reason of such party having or being deemed to have requested,
drafted, required, or structured such provision.
34. prevailina Party. In the event of any action for breach
of, to enforce the provisions of, or otherwise involving this
Agreement, the court in such action shall award a reasonable sum
as attorneys' fees to the party who, in light of the issues
litigated and the court's decision on those issues, was the
prevailing party in the action.
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35. Clerical ~r=ors. In the evenc any clerical,
administrative or other errors are found in this Agreement or any
legal descriptions or other exhibits hereto, or in the evenC any
exhibit shall be ~ssing, the parties agree to promptlY execute.
acknowledge, initial and/or deliver. as necessary, any
documentation in order ~o correct the erroneoUs document.
description. exhibit. or to ~rovide any missing exhibit.
36. EstoDDel Certificate. From time to time, Owner shall
have the right to obtain from the County, an estoppel certificate
whereby the County (by the County Attorney) shal: certify to
Owner or another party designated by Owner such as a construction
lender, that at the time of the issuance of such certificate. and
except as other~ise noted thereon: (i) no Notice of Non-
Comcliance has been given to the county; (iil this Agreement is
in ~ull force and effect; and. (iii) the County has no knowledge
of any default under this Agreement on the part of Owner, nor
does the County have knowledge of the existence of any
circumstances which with the passage of time would give rise to
such default. In addition. the certificate shall provide such
other information as Owner. or any other party requesting the
same. shall reasonably require relative to this Agreement. The
issuance of such certificate shall not be unreasonably withheld
or delayed by the County. .
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first written above.
COUNTY COMMISSIONERS
COUNTY, COLORADO
By
orothea Farr~S. airperson
-:t.e...
~('~;~
e~...,....';"3
J..yllOe.e . 7lte,_-V
OWNER:
APPROVED AS TO FORM:
By >~
John M. Ely, tto=ey
R:INES R:tGVT,:ums Lnc:TBD
PARTBBllSll:tP, a Delaware
liJldted partnershiP, by ASPEN
HIGHIJlNDS SKIING CORPORATION,
a Delaware corporation. its
::~ffir
C.\4J-r- -r. Sr~
V,cL pff.,~;~t
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423271 11/15/111I1 83.!3P SUI III''' DAVIS SILVI
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STATE OF COLORADO
ss.
COUNTY OF PIT~IN
The foreaoing instrument was acknowledged before me this I~
day of ~ ,1998. by Oorothea Farris, as Chairperson of---
the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO.
....II.....
$~:~~~~~~~~;my hand a~d offic~al, seal.
! l..... MY; c~sion expJ.res: .2.]1\1102- 'l
~ :~\'Y"U n<J" . ~'
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STATS'''OF' tc\rr.~~D
n ss.
COl.'1ITY OF ~'\4- t; n
The foregoing instrument was acknowledced before me this \~~
day of Dr%\o<' f , 1998, by (' '(LV 1-0t1 T S1-O(\-<... as v,'u Pl'p<,;J;;;;;+
of ASPEN HIGH~~S SKIING CORPORATION, a Delaware corporation, as
a General Partner of HINES HIGHLANDS L~ED PARTNERSHIP, a
Delaware limited partnership.
witne~s~ ~d and official seal.
My co s'io~tmires: 1?-/'-!/9'f.
_ l~OTARY\ \ ' J ., ,/
~~~~li {))e.fj-liIPJlJ/jffP-p
'fri........(jlo'i"",~~ Notary P lJ.C
OF CO\: ~\\'i.
"",,",,,,,,,\\
MY COMMlSstON EXPIRES:
0e<8m00l'.. 1m
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423271 111/1!/1!198 a.!3P sua IIlPIl DAVIS Sn.VI
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c:\cllenC.\BINES\.ubdivi.ion ~ aqr-clean
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LIST OF RXEJ:EITS
Exhibit A - project Public Improvements
Exhibit B - Aspen Highlands village phasing Plan
Exhibit C _ Aspen Highlands Village construction Management Plan
Exhibit 0 _ Revised Aspen Highlands Village Castle Maroon and
Oial-a-Ride Service Plan
Exhibit E - Maroon Creek corridor Improvements Estimace
.
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423271 111/15/1!l11 1I3.53P sua II'I'tt DAVIS SILVI
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-~4-
Summary
mID VI e
T 'nn....oe Cost Estimate
Jannarv 1998
Site D ttOD
Dav Skier P:irldn and Vi c E=
Vi Con: Area
Thuodcrbowi Nei
MarooI1 Nei
Affordable H
Ski Run . on
W=i
I
I
CDS!
S
S
!S
S
S
IS
1$
!$
266.023.57
289,266.85
159.989.39
80,074.57
14S.194.17
17,115.00
64.800.00
1,022.463.S5
.
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423271 18/15/1111 83.!!3l' SUI 1/lI'R DIlVIS SUo VI
11 0' 38 " 8.1ll8 Dill.. Nil.. PITlCIN COUNTY CO
Page 1
, "
Entrance and Day Skier Parking
Aspen Hl~laads Village : Prepared Jaauary 1998
Laadsl:aae Cost Estimate I I I
Eatraace aad Day Skier Pariciag Area , ,
! .
I Quality . Size ! DescrtlltiOD IUnit . Totlll
20 108ft ! Colo/Eag Spruce S 312.23 . S 6,244.60
20 112ft : ColOJEng Spruce S 569.54 , $ 11,390.80 I
18 116ft ,CololEag Spruce $ 1,138.15 I $ 20,486.70
-r
31 i2"caL I ASDca NG S 199,96 $ 6,198.76
31 i3"caL 'Aspea NG $ 287.65 $ 8,917.15
22 :3" cal. I Slreot Trees 1$ 312.23 $ 6.869.06 I
171 15 GaL I Dcciduous Shruil IS 28.48 $ 4,870,08 I
i I I
2,500 11 GaL I Pcrcnnials IS 8.77 S 21,925.00
200 I Flat I Pcrcnnials IS 58.20 S 11,640.00
I !
2.725 ISF I Bluegrass Sod IS 0,65 S 1,771.25
110.500 I SF Low Native Seed 'S 0.13 S 14,365.00
I T I
560 ! SFF -TWalls DrystaCk IS 24.09 I S 13,490.40
1,300 ICY I Topsoil !S 41.58 : 5 54.054.00
123,125 !SF Fine Grade IS 0.06 i S 7,387.50
120lLF Steel Edger 41n Is 1.67 I 5 200.40
90 ICY Mulch 15 31.71 ! S 2,853.90
las iCY Plaater Mix Is 41.58 T 5 7,692.30
I I I I
t ILS Irrigation I S 65,666.67 i 5 65,666.67
I , I 15 266.023.57
I , I I
Based on dIawings by Robert A. Stem Architects ,
Sheets L201 aad L201.3 Dated 1-20-98 , I
,
11111111111111111111I1111111111111111111111111111111111
423271 1e/1~/1111 13,~3P sua IftPt DAVIS SILVI
17 0' 3e R e.n D e.n N e.. !'ITKIN COUNTY co
Page 1
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Village Core Area
,ullea .Highland.! Vill.a.l,le I ! Prep=d January 1998
Lands=e Cost Estimate ! , I
,
Village Core I , I ,
,
I I
Qu.antity I Size i Desc:ri~tion I Unit Total
10 110FT I Spruce IS -149.08 , S 4,490.80
5! 14FT I SDruce IS 788.31 S 3.94U5
5 116FT I Spruce IS 1.138.15 : 5 5.690.75
2! ! Spruce is 1.651.85 I 5 3.303.70
11 ! Spruce IS 3,520.62 , S 3.520.62
! ,
3!2"caL : Aspen NG :S 199.96 i S 599.88
57 I 3" caL : Aspen NG :S 287.65 I 5 16,396.05
8 I 3" cal. . I Street Trees is 312.13 I S 2.497.84
, . I
132 : 5 Gal. I DeclduDUS Shrubs : 5 28.48 S 3.759.36
2.700 i 1 Gal. Perennials .s 8.77 IS 23.679.00
1 I I !
12.000 I SF I Bluegrass Sod IS 0.65 i 5 7.800.00
21,000 I SF ! Low Grass Seed IS 0.16 I S 3,360.00
, ! : I
I
, 220 I TON ! River Boulder ,S 63.12 I 5 13,886.40
1,585 I SFF i PLmw- Wall Con IS 44.33 I S 70,263.05
2.520 I SFF I Planter Wall Dry IS 27.37 I S 68,972.40
I I . I I
607 I CY I Topsoil ~S 41.58 I S 25,239.06
6,500 I SF ' Fine Gnule S 0.06 I 5 390.00
600 I LF I Steel Edger 4 In. IS 1.67 I S 1,002.00
50 I CY I Mulch $ 31.71 i $ 1,585.50
I! LS I Irrigation 15 28,888.89 I 5 2S,888.89
I 1$ 289.266.85
. I
,
I
Based on Robert A. Slern Arcbit=
L201 and L201.3 dated 1.20.98 I
111111I1111I111111111I1111111111 111111111/ 111111111 I11I
423271 1'/l~/lII' 13.!3P SUI IftPR aavlS SILVI
18 o( 30 R liI.ee De.. H e.ilI PI11CtH COUNTY co
Page 1
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Thundertlowl Neighborhood
A>~a HlgblaadJ Village I I Prepared January 1998
Landscalle Cost Estimalt: , I ,
, ,
Thunderbowl Neighborhood ,
I !
Quaatity ! Size Descrilltioo ; Unit I Total
10 104ft SpNC. ,S 145.04 I S 1,450.40
25 106ft SpNce S 208.15 I S 5.203.75
25 i 08ft SpN"" is 312.13 : S 7.805.75
25 . lOft SpNC. .S 449.08 I S 11.227.00
25 i 12ft SpNce is 569.54 : S 14.138.50
121 14ft SpNC. is 788.31 ' S 9.459.72
5 116ft SpN"" IS 1,138.15 I S 5,690.75
I I
150 I 50al. I Aspen 1$ 26.84 : $ 4,026.00
100 I 7 Gal. I ASDen ,$ 52.04 I $ 5.204.00
75 I 1.5" Cal. I Aspen NO '$ 136.85 i $ 10.263.75
20 I 2.5" Cal. I Ascen NO 'S 232.73 I S 4.654.60
100 I 2" CaI. Aspen NO S 199.96 I $ 19,996.00
10 ! 3" CaI. , Aspen NO i S 287.85 I S 2.878.50
I , I I
146.400 I SF I Wildflower Seed 1$ 0.13 I S 19,032.00
277,400 I SF I Nativ. S.ed ' S O.OS I S 22,192.00
I I , ,
, ;
IlLS I Drip ltrigaliDn '$ 16,666.67 I $ 16,666.67
I I I ;S 159389.39
.
111I1II1I1Il1I11I11I~IIIIIIIIU 1111111 III 1111I1 IU 1111
423271 1111/1!/11111113:!53P SUI IIlI'Il DAVIS SILVl
11 Df 311I R 11I.011I D 11I.11IIII N 11I.11II PIT1CIK COUNTY CO
Page 1
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Maroon Neighbomood
Aspen Highlands Village ,PreparecllanlWY 1998
L.mdscap. Cost Estimate : I ,
Maroon N eighbcrilood I -:
I , I
QuaDtity : Size I Description I UDit ~ Total
514ft ,Sprue. , S 145.04 I S 725.20
10 16ft !Spruc. IS 208.15 I S 2.081.50
10 18ft iSpruc. is 312.23 ! S 3,122.30
10 110ft : Spruce ,S 449.08 I S 4,490.80
10 112ft I Sprue. IS 569..54 I S 5,695.40
10 114ft I Sprue. IS 788.31 ~ S 7,883.10
8 116ft I Spruce is \,\38.15 I S 9,105.20
I I I I
10015 Gal. I AstlOIl !S 26.84 I S 2,684.00
60 17 Ga!. I Aspen :S 52.04 I S 3,122.40
50 11.5" CaI. IAspenNG IS \36.85 i S 6.842.50
\0 12.S" Cal. ,AspeD NG IS 232.73 ! S 2,327 .30
4012"Ca!. . AspCl\ NG , S 199.96 I S 7,998.40
5 13" Ca!. [Aspen NG IS 287.65 i S 1,438.25
I I I I
129,200 i SF 'Nativ. Seed is 0.08 I S 10,336.00
i I I 1
I iLS . Drip IrrigatioD Is \7"""'7 i S 12.222.22
i , " IS 80,074.57
Based 00 Raben A. Stem ArchitectS I I
Dated 1-20-98 SheetS 1.-204 aod L-404DWS i
111111I1111I11111111I11111111111111111111I111111I111111
423271 111/1!5/1ll18 13.!53P SUI III'll DAVIS SILVI
ze of 38 R 11.11I D 11.1111 N 1I.1lI! PITKIN CCUHTT CO
Page 1
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Affordable HouslI1g
Aspen Highlands Villa1!e I Prepared January 1998 -
Landscane Cost Estimate I I
Affordable Housing I ! I
I I , I
Qoaotity I Size I Description i Unit I Total
23INA : Housing Unit Allowance IS 6,312.79 ! S 145,194.17
I I ! I
: I I ,
Based on Robert A. Stem ArchitectS alan reduction L401.3 I
111111I1111I111111111I11111111111111111111 1111111111111
423211 181te/1118 13:!l3P sua DII'lt DAVIS SILVl
Z1 ., 311 R II.. D 11.1111 N II.. PITKIN COUNTY CO
Page 1
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......
Ski Run Reveg. and Weed Control
Asuen Hi2hiaDdJ vrn""" Jannarv 1998
T .n~""",,," Cost Estimate I I
Ski Rnn Ve!!ctalion I i T
I I I I
Quantitv ' Size I DeKriotion I UDi1 . I Total
4,891Acrc IMatch exist. Grnsses is 3.500.00 I S 17,115.00
I INot iDe! rttllOsoll I 1
i I ,
541Acrc IWeed mana~ement nrol!I3lll durin!! collSlI1lCli.on 1$ 200.00 I $ 64.800.00
I Thistle and weed control bv scrav or other means I I
154 AcreS for three v=. twice _ vear I
.
1 111111 1111I IIllm 11111111111111111111111I1111111111111
423211 18/15/1118 13.!3P sua 111'11 DAVIS SILYI
22 of 311 R 11.11II D 11.11II N 11.11II PITlCIN COUNT'I' CO
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Aspen Highlands Village
Final Construction Management Plan
Revised October 5, 1998
Overview
This ConstrUction Management Plan has been revised to reflect the comments and feedback
received from the County Engineer, Bud Eylar, at the annual prc-constrUction meeting held on
April 23, 1998. As agreed to at the meeting, this plan is intended to serve as:
. A vehicle of cooperative understandings between the Developer and the County, to
be modified and amended (with mutual agreement from both parties) as required
. A source ofongoiong communication with the County's Public Works/Road &
Bridge Department in an effort to keep the County iniormed of constrUction
activities, worle progress, 3Ild to keep an open dialogue regarding constrUction issues
that effect the community
. An amended and approved plan for the 1998 construction schedule.
The County and the Developer reserve the right to make reasonable changes (with mutual
agreement form both parties) to the plan as needed.
In preparing the procedures and measures to be incorporated in the constrUction process for the
Aspen Highlands Base Village. it is important to understand both the goals of such programs and
the practical realities of the constrUction process. Our intent is to minimize impacts associated
with the constrUction of the Aspen Highlands Base Village improvements while allowing work to
proceed in such a manner as to avoid prolonging the constrUction period. .
Travel Demand Measures (TDM) are most often thought of when discussing the progress of an
existing development or how to deal with potential impacts from a fumrc development The
concept of utilizing TDM as a pan of the constrUction and development process is a unique idea.
Typically, TDM will principally deal with mass transit incentives and auto disincentives.
However, other ideas have been investigated relative to IDM and the constrUction process.
Outlined below are several measures the project proposes to implement as a pan of the
constrUction process.
Travel Demand and Traffic Control Measures
The following Traffic Control Plan has been presented and approved by the County Engineer. It
will be self-performed by Gould ConSll'Uction with their certified staff.
During the constrUction of the Aspen Highlands Base Village the following IDM and Traffic
Control program will be in effect
. Delivery of constrUction raw materials will be prohibited during the peak traffic periods.
This will limit such delivery access to Aspen Highlands Base Village from 8:00810 to 8:30am
and from 2:50pm to 3:30pm. The exception to this will be scheduled conc:rcte pours that are
time-sensitive due to the quantity of concrete being placed or polIRd at one time.
. A public notification process through the local papers will be estIblished. Pitkin County has
authorized a courtesy sign at the Maroon CreekJHwy 82 intersection.
. Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times.
. General Contractor acknowledges that County Road 19. McClain Flats Road, is posted for a
20- Ton Weight Limit. The General Contractor shall notify all contractorslsub-contractors
I 11111I 1111I Imlllllllll 1111 1111 1111111 III 1111111111111
423271 11/15/1... 13.!3P sua InPR DAVIS SILVI
24 A' 311 R 1II.1lI D 1.11III N 11I.11 PITkIN COUNTY CO
'"""
',.
.""J'"
involved in this project with this information. The County shall strictly enforce the Weight
Limiu on dlia recus.
. Sub-Contractors will be issued a limited number of parking permits for their workers.
. General contractors wiil be required to provide a parking pian with their individual
constrUction contracts. The General Contractor will contact local bike shoos with notification
relative to Maroon Creek Road. The General Contractor will have to enfo~ public safety
issues relative to truck taffic and interface with pedestrians & cyclists.
. Contractors will be required to provide van-pooiing or car pooling programs as a part of their
constrUction contract. Reduction in payment provisions shall be incorporated into the
contracts as a means of ensuring compliance.
. To the greatest extent possible raw materials will be stockpiied on site to try to consolidate
deliveries of materials in larger quantities (for example gravel).
. A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery
and contractOr compliance with the roM program.
. The covenants and design guidelines for the individual neighborhoods will have provisions
regarding contractor parking on the streets.
. There will be no parlcing allowed on Maroon Creek Road or in the adjoining neighborhoods.
. The Developer and the County may make reasonable changes in the hours restricting hauling
activities, based upon changes in traffic loading on Maroon Creek Road and on seasonal
activities in the area. The County reserves the right to stop all hauling or constrction
activities on Maroon Creek Road for special events or activities (scheduled bike and/or road
races, etc.). The County will give the Developerreasonable notice of the imposition of
restrictions.
. The Developer acknowledges that hauling activities to and from the jobsite arc reStricted to
the 12 hour period between 7:00 am and 7:00 pm, Monday through Saturday.
. The Contractor will make reasonable efforts to stage trucking activities on site to minimize
empty loads toIfrom the jobsite.
. Prior to each construction season there will be a meeting with RITA, the Pitkin County
Sheriff's Office, the School Superintendent, the Pitkin County Director of Public Works and
the Developer to review the construction season work program and address any concerns
raised during the previous construction season.
In addition to the above measures, Aspen Highlands Base Village will plan and implement the
following programs:
FUl!!itive Dust Control Plan
. Dust control will be implemented from start to finish of each construction season until the
project is complete.
. Contractors will be required to assume all responsibility for dust control and shall carry out
proper and efficient measures wherever and whenever dust control is necessary, thereby
minimizing dust damage and nuisance to persons and property.
. Contractors will also be required to control clust at the work site by the use of an adequate
number ofwatcr trucks or an effective palliative using such dust-laying equipment and
methods as may be required.
. To the greatest extent possible raw material deliveries to and from the site will be water
sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from
construction operations.
i Itil\llll\lllllllll\llll\lllll\ \111111 UI 111\111 1\ \111
423271 1e/15/1II1 l3:m SUI 1/IPllllAYlS SlLVl
2! of 311 R 1I.lIe De.. N 11.11II PITKIN COUNTY co
Public Notification Plan
. If it becomes necessary to reroute traffic on existing roadways due to constrUction related
activity, the responsible contractor will be required to notify the genetal public of the
detow(s) at least twenty-four (24) hours in advance of the scheduled occurrence.
. All contractors will be ~ired to notify public andlor private utility companies at least forty-
eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work
will commence until the utility company has located the utilities or written consent to proceed
has been issued. If utility service must be interrupted, contractors will be required to notify
the appropriate County authorities and the affected utility users at least twenty-four (24)
hours prior to intemlption.
. . Notice will consist of the contractor's posting of prominent and easily read signs, distribution
of handbill notices, publication in a local newspaper or a public announcement on local radio,
or any combination of these as may be appropriate.
Noise Control for Construction Eauiument
. The contractor will be required to comply with all applicable noise control regulations,
including the Pitkin County Noise Abatement Ordinance.
. All constnlction equipment operations shall be scheduled to operate only during daylight
hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday.
.
1111111 1111111111111I111 111111111111111111 Imllll IHIII
423271 1111S/1II1 83.. SUI lII'ft DAVIS SILVI
21 01 38 It I.ee D I." N e.ee PIl1CIN COUHTT CO
During the peak season(sl, Route # 1 will serve the Aspen Core.
Dial-a-ride vans will provide service on a fixed one-half hour
schedule generally following the route depicted on Fiqure 2. Three
check points will be established in Aspen, potentially at Mill
.Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park.
The vans will pass these checkpoints on each circuit route so
patrons are not required to call for service. T"oIO vans will
provide one-half hour headways at the checkpoints.
The second destination, Route ;# 2 is the Aspen-Pitkin County
Airport. This will be on demand service, similar to services
provided by other resorts in the Aspen area. At the time quests
make reservations to stay at AHV, they will be advised that car
rental is not necessary because of the alternative transit services
available. Departures to the airport will be scheduled ahead of
time.
service Plan
Prior to initiation of service, AHV shall present a detailed
service plan to the RFTA for review. The plan shall include:
1. Estimate of demand;
2. Description of specific services including th_e number of
vehicles, spares, hours of operations and headways;
J. An organizational chart indicating manager and personnel
to provide services; and
4. service marketing plan.
AHV intends to offer dial-a-ride service seven days a week during
the winter and summer peak seasons. The Aspen core route will be
offered from 7 AM to midnight. Rider surveys will be utilized to
determine night service should run later in the evening.
service to the airport will be provided when the airport is
operating. The service will be available to all guests and
residents in AHV and the Moore PUD.
At the end of each of the first three years of operation AHV shall
submit an annual report to RFTA at the end of the winter season.
The report shall include:
1. statistics regarding ridership for the previous year;
2. Instances involving standees and missed trips, or trips'
requested but not provided; and
J, statistics regarding accidents and roadside calls.
Based upon the review of the annual report, changes in the levels
service may be made.
1 111111 1111I ltilll 111I1111111111 111111111I1111111 111111
423271 11115/1_ 1l3:e3P sua DII'R DllVIS SILVI
2a 0' 311 R II.. D 11.11 N Ill.. I"ITlCIN CllUNTY CO
,_J,_.._....__.._~..____' ~.... .. _ .__.__ _'...
v.hic~8.
The service will operate vans capable of carrying as many as 12
passengers at one time with space for luggage and skis. Passengers
will be able to stand in the vehicles.
Eventually, three or four vans may be utilized when both
developments are fully occupied. Initially, the fleet will consist
of two vans and will be expanded as demand warrants. The vans will
be stored in the AHV parking area and will be maintained by local
mechanics in the Roaring Fork Valley. If necessary, another van (s)
will be rented if a van is out of service for repairs, and high
traffic is anticipated.
At least one of the vans in the fleet will be equipped with a wheel
chair lift for the handicapped.
Cost
The cost for providing this service has been projected based on
vehicle utiliza~ion and industry hourly costs to operate vehicles.
During the winter peak season, it is projected that passenger
productivity will vary between eight and 12 passengers per vehicle
per hour. Van costs are assumed to be $ 30. per van hour based on
the service being run. The cost to provide service is estilllated to
.
be $ 295,000 per year.
Van
1 11I\\l 1111 111111 11I111111111111111111 III 1111I11111111
42327t tll/te/t" 1l3.!!3P sua III'll DAVIS IILYI
21 a' 311 R 11.1111 D II.. N II.. PITKIN COUNTY CO
Exhibit E
MAROON CREEK CORRIDOR
IMPROVEMENTS ESTIMATE
MAROON CREEK ROAD BIKE PATHtENTRY LANEAGE"
DESCRIPTION QUANTITY UNIT
UNIT COST TOTAL
EXCAVATION
314" ROAC8ASE
HBP
RET AINAGE
TRAFFIC CONTROL
SIGNAGElSTRIPING
2,500
2.800
2,200
2,200
1
1
CY
TON
TON
SF
LS
LS
SUBTOTAL
CONTINGENCY
15%
TOTAL PREUMINARY ESTIMATE
$ 6.00 $ 15.000.00
$ 19.00 $ 53,200.00
$ 45.00 $ 99,000.00
$ 25.00 $ 55,000.00
$ 25,000.00 $ 25,000.00
$ 5,000.00 $ 5,000.00
$252,200.00
$ 37,830.00
$ 290,030.00
" This is an estimate for bike path and entry laneage only and no costs resultino from sewer
improvements in Maroon Creek Road will be included in tile costs. As proposed in the
Aspen Highlands Village Application, $850,000 is committed to corridor improvements. All
costs related to Maroon Creek Road Bike Path (Public Treil}/Entry Laneage shall be paid
out of the 5650,000 no matter what the aduallDlal ends up being. Any remaining funds
could be allocated toward other suggested Improvements in the corridor or toward overlay
improvements upon completion of the Aspen Highlands Village project.
111111I1111I11111111111111111111111111111I1111111111111
423271 111/1!l/1II1 1131!l3P SUI 1... DAVIS SILVI
31 .1 311 R 11.811 D II.. N '.n PITKIN COlIIITY CO
ExhibitE
MAROON CREEK CORRIDOR
IMPROVEMENTS ESTIMATE
MAROON CREEK ROAD BIKE PATHtENTRY LANEAGE'
DESCRIPTION QUANTITY UNIT
UNIT COST TOTAL
EXCAVA110N
314' ROADBASE
HBP
RETAINAGE
. TRAFFIC coNTROl.
SIGNAGElSTRIPING
2,500
2,800
2,200
2,200
1
1
C'(
TON
TON
SF
LS
LS
SUBTOTAL
CONTINGENCY
15%
TOTAl. PRELIMINARY ESTIMATE
$ 8.00 $ 15,000.00
$ 19.00 $ 53,200.00
$ 45.00 $ 99,000.00
$ 25.00 $ 55,000.00
$ 25,000.00. $ 25,000.00
$ 5,000.00 $ 5,000.00
$252,200.00
$ 37,830.00
$ 290,030.00
. This is an estimate for bike path and enUy lane age only and no costs resulting from sewer
improvements in Maroon Creek Road will be included in the costs. As proposed in the
Aspen Highlands Village Application. $850,000 is committed to corridor improvements. All
costs related to Maroon Creek Road Bike Path (Public Traif)tEnUy Laneage shall be paid
out of the $650,000 no matter what the actual total ends up being. Any remaining funds
could be allocated toward other suggested improvements in the corridor or toward overlay
improvements upon completion of the Aspen Highlands Village projeCt.
1111\111111\ 11111\ 111\111\11111\ 111\11\ 1811_11\1\ 111\
423%71 11115/1111 tl3:!3P SUI II1'R DAVIS SILVl
311 ., 311 R "ea D.... N '.ea P1ml COUIlTY CO
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June 8, 2004
Sarah Oates
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Willie Residences
Aspen Highlands Village
Dear Sarah:
This letter is written to provide an update on my meeting with Erica Delak,
President of the Wille Residences Homeowners Association last week. The
purpose of the meeting was to walk the property and to review the outstanding
construction warranty matters. Additionally, I wanted to provide you with a
response to some of the matters that were raised in the Public Hearing at the
Council Meeting 0': May 25, 2004.
June 3, 2004 Site Meeting:
I met onsite with Erica Delak to walk the property and review specific
construction warranty matters. Also in attendance at the meeting were Chief
Building Official Stephen Kanipe, Building Inspector Erik Peltonen and
homeowner Tim Reed.
In review ofthe building systems it appears as though there are two major areas
that need to be addressed, generally characterized as the site work and roof.
Additionally there are some other items that need to be investigated.
Site Work
I. During the installation of the landscaping and irrigation system it
appears as that sprinkler heads were placed too close to the building.
This condition can cause water to be unnecessarily introduced into the
foundation system as well as cause splash against the structure.
2. There are eilSht concrete pads for wooden posts that may need to be
repaired, replaced or modified in place.
Post Office Box 5115 Aspen, Colorado 81612 (970) 920-17)0 (970) 920-3955 FAX
r-
,
-.
Sarah Oates
June 8, 2004
Page 2 of3
Roof Svstem
1. In some of the upper units there appears to be some leakage that
evidences itself in headers above the windows in the dormer sections of
the roof. In the roof above these units there are snow guards that are
surface mounted to the roof.
2. There are several of areas on the north face of the roof where snow and
ice build up. These areas should be reviewed relative to the addition of
heat tape.
General Items
1. Since the completion of construction there have been some leaks in the
interior of the units. Some of these were due to plumbing fixture leaks
and have been corrected by the contractor as a part of the warranty. A
couple of these leaks have been sporadic and the source has not been
able to be determined. Further investigation will be required to try to
determine the source.
2. There are some miscellaneous punch list items and warranty work on
which the contractor has not followed through.
3. The Association has procured bids for the installation of a fence in the
front of their residences. They are going to provide rne with a copy of
that bid for my information and review.
At the conclusion of the meeting it was agreed that Erica Delak is going to
provide me with a written summary of the correspondence with the contractor
on the warranty matters. Due to the fact that this project is currently out of the
warranty period, it will be very important to review the documentation of the
warranty requests by the Association. At this point in time Erica is still pulling
together that information. When it is provided, I will review the information
and sit down with the contractor and the Association to try to come up with a
work program to address the valid warranty items.
May 25, 2004 Council Meeting:
In the Council Meeting there were some items raised during the Public
Comment segment. Below is an update on those items:
I. The heating system has been repaired under the contractor warranty.
This repair was done prior to this past winter and it appears that the
system is functioning properly. As a part ofthe contract closeout with
---
,.........,
Sarah Oates
June 8, 2004
Page 3 00
the contractor an extended warranty was obtained for the Association.
This warranty is for 5 years and expires on November 30, 2006.
2. The heating' system for Building 3 (Wille Residences) is served off of a
joint boiler in conjunction with Building 5 (Maroon Creek Station).
This system was a part of the original design and construction and
provides efficiency for both buildings. There have been some challenges
in metering the heat usage for the Wille Residences due to complexities
association with the BTU meters for the project. The contractor and
mechanical subcontractor have been working on this system and believe
that the BTU meters are functioning properly in order to accurately
measure the usage for the Wille Residences. There is a Central Plant
agreement between the Associations for Maroon Creek Station and the
Wille Residences that outlines the sharing of the boiler operational and
capital expenses. In short it is based upon usage. During the period that
the BTU meters were not properly functioning, the expenses are shared
in accordance with the Central Plant Agreement on a prorata basis
determined by building square footage.
3. There is some spawling of concrete on the steps and sidewalks that
needs to be reviewed and addressed with the contractor.
4. My inspection did not reveal any outside wall warping due to poor
design. There has been some movement (to be expected) in the wood
veneer on a 'short stub wall at the front of the building. This does not
appear to be structural in nature and can be easily repaired.
5. 1 discussed signage with homeowner Tim Reed relative to the traffic in
front of these residences.
1 believe that this information provides you with an update of the matters that
are associated with the Wille Residences at Aspen Highlands Village. Please
feel free to contact me with any further questions or comments.
Sincerely,
(fu~.Qh
Robert E. Daniel, Jr.
Vice President
Hines
Cc: Erica Delak, President - Wille Residences Homeowners Association
---.-._-"~,
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Memorandum
To: Mayor Klanderud and City Council
From: Stephen Kanipe
Date: June 14,2004
Re: Wiley Homeowners - Highlands Affordable Housing
Thursday June 3 a site visit was arranged with Erika DeLong, Tim Reed, Bob Daniels,
Erik Peltonen and myself to investigate three specific building conditions that may
compromise the safety and welfare of the building owners.
The first, "our sidewalks and outdoor stairways are falling apart with huge chunks of
concrete falling off' and second, "stairways have steps that are short, tall or too narrow
creatin dan erous conditions" are both illustrated by this picture:
The top riser does not comply with required stair geometry that the difference in risers
from the greatest to the least shall not exceed 3/8 inch. However, this stair was not
reviewed for a permit nor inspected for compliance. The concrete spalling certainly exists
and is an example of poor work quality.
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The third issue, "structural beams and columns are crumbling with concrete falling off'.
This picture is ofthe entry porch column bases.
This base is typical of the column pads at the entrances to the units. A structural engineer
should evaluate the necessity of repairs.
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Helen Klanderud
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From: "Timothy Reed"
To: <helenk@ci.aspen.co.us>
Sent: Tuesday, May 25,20041:22 AM
Dear Mayor Klanderud,
Today you are going to decide whether or not the Hines Corporation has
fulfilled its obligations in the development of the Aspen Highlands
Project. If you decide that they have, they will receive the bond that
has been held to ensure such completion. If you do not, they will not
receive their bond and we, affordable housing homeowners, will have
some hope of obtaining those things we have been looking for that the
developer has refused to do. Those things include
I) a roof that does not fail with wet conditions. 7 units had a
leaking roof this winter
2) a heating system that works in the winter, we were without heat for
nine months and the flawed system was only repaired not retrofitted, or
replace
3) we have no way of accurately measuring the heat we have used; as we
share our boiler with building five (Maroon Creek Station) it is
~ial that we have an accurate measure
4), ur sidewalks and outdoor stairways are falling apart with huge
! unks of concrete falling off
5) he stairways have steps that are short, tall, or too narrow
'/ ~ating dangerous walking conditions
S ~ " tructural be, ams and columns are crumbling with concrete falling off
water damage due to poor design has caused an outside wall to warp
and pull away from the building.
S) safety features to help protect our children from traffic volume "'"
that exceeds 7 buses an hour including signs and a fence in front of /
our building (I attended a city council meeting to discuss this with my
daughter back in the winter).
The Hines representative will most likely announce that every goal they
set for their project has been met or is so close to completion that
they should receive their bond. All we ask is that your preserve the
only chance we as homeowners have of attaining housing that is safe,
durable and of the same quality that you can find at the base of Shadow
Mountain, Pitkin Iron, Snyder Park. We have fought many a battle that
we should not have had to, most notably to get our heat for the winter.
We know that the Hines Corporation will only do the right thing for us
if they have incentive, ie. money. Please do not allow them to get off
the hook. '-----
I would prefer to be in your presence expressing my concerns, but I
have commitments that I am not able to re-schedule. Thank you for
taking your time to read this. Please feel free to contact me with any
questions or concerns.
~
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Page 2 of2
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Sincerely,
Timothy Reed, timsmassage@hotmail.com
970-618-5559
5/25/2004
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MEMORANDUM
'~a-
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TO:
Mayor and City Council
Julie Ann Woods, Community Development Director r
Sarah Oates, Zoning Officer~c::::.
THRU:
FROM:
DATE:
May 25, 2004
SUBJECT:
Aspen Highlands Village PUD and Moore Family PUD
Finding of Substantial Compliance-Subdivision Improvements
Agreement
Hines Highlands Limited Partnership has requested the City of Aspen make findings that
the developer is in substantial compliance with the conditions ofthe Subdivision
Improvements Agreement (SIA) for both Aspen Highlands Village and Moore Family
PUDs.
Attached please find a memorandum from the Transportation Department outlining a
revised dial a ride program from what was initially approved (Exhibit A). Also attached
is a memorandum from the Housing Authority summarizing the employee generation
audit for the Aspen Highlands Village PUD (Exhibit B). Finally, staff has included the
SIAs for both subdivisions. Other relevant referral departments have confirmed with the
Community Development Department the SIA obligations have been met for both
subdivisions (Exhibit C).
Staff recommends Council make a "Finding of Substantial Compliance" via Resolution
#'11 of2004 with regards to the requirements ofthe Subdivision Improvements
Agreement for both Aspen Highlands Village PUD and Moore Family PUD.
CITY MANAGER'S COMMENTS:
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RESOLUTION NO. ff
(Series 2004)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
FINDING SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE
SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) FOR ASPEN HIGHLANDS VILLAGE
PLANNED UNIT DEVELOPMENT (PUD) AND MOORE FAMILY PLANNED UNIT (PUD)
DEVELOPMENT
WHEREAS, a request was received by the Community Development Department from the
Hines Highlands LLC and Zoom Flume LLC for the City to confirm the developer's substantial
compliance with the conditions of the SIAs for both Aspen Highlands Village PUD and Moore
Family PUD; and
WHEREAS, the request was forwarded to the City of Aspen Engineering, Parks, Housing,
Transportation, Environmental Health and Water Departments and the Aspen Consolidated
Sanitation District and any comments received from those departments are attached; and
WHEREAS, during a public meeting on May 25, 2004, the City Council made finding of
substantial compliance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
SECTION 1:
The Aspen City Council does hereby find the Aspen Highlands PUD and the Moore Family PUD
are in substantial compliance with the requirements of their respective Subdivision Improvements
Agreement.
APPROVED by the Aspen City Council as its regular meeting May 25, 2004.
APPROVED by the City Council at its meeting of May 25,2004.
Approved as to form:
Approved as to content:
John Worcester, City Attorney
Helen Kalin Klanderud, Mayor
Attest:
......."..
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Kathryn S. Koch, City Clerk
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!\1emorandum
TO:
Mayor and City Council
THRU:
Randy Ready, Assistant City Manager
DATE:
April 19, 200
FROM:
John D. Krueger
RE:
Finding of Substantial Compliance - Aspen Highlands Village and Moore Family
POD Transportation Plan
SUMMARY:
Attached for your review and approval is a memo outlining the revised terms of the
Transportation Plan contained in the Subdivision Improvement Agreements (SlA) for the Aspen
Highlands Village PUD (AHV), the Moore Family POO and other associated approval
documents. This memo details the transportation requirements and staff finding as to
compliance. After considerable review and negotiation, staff finds that the transportation
requirements are in "substantial compliance" with the terms and conditions in the original
agreement City Staff is asking the Mayor and City Council to make a "Finding of Substantial
Compliance" in regard to the transportation requirements and revised terms.
PREVIOUS COUNCIL ACTION:
Staff has previously provided the Council with updates on the progress on the various
transportation requirements of these two developments. Council has previously met with
representatives of Hines Highlands Limited Partnership (Hines) and the Aspen Highlands
Commercial Metropolitan District (Metro District) to discuss the various transportation
requirements of both developments. The majority of these requirements have been complied
with.
BACKGROUND:
City Staff has been meeting and corresponding on a regular basis with representatives of Hines
and the Metro District for the past two years to resolve the numerous and complicated
transportation requirements in the many approval documents for the Aspen Highlands Village
(AHV) and Moore Family PUD. The majority of these transportation requirements have been
successfully resolved. The main requirement taking the most time to resolve and reach
agreement on was the Dial A Ride service. The Dial A Ride service requirement is detailed in a
three-page operations plan in Exhibit D of the SIA for the AHY City Staff, Hines and the Metro
Districts have now agreed upon a Dial A Ride service plan that is now in place that fulfills the
requirement in the SrA As the transportation requirements are numerous and contained in
various documents, a summary is attached for your review.
DISCUSSION:
The Aspen Highlands Village and Moore Family Developments both have extensive
transportation mitigation requirements associated with their approvals. These requirements were
part of the original County approvals in 1998 and were inherited by the City upon annexation.
P 1
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...-...
-..../
City staff has been working with Hines and the Metro Districts to achieve compliance. The
majority of the transportation requirements have been fulfilled Until recently, staff, Hines and
the Metro District have been unable to come to agreement on the requirement for Dial A Ride
service to the developments. The SIAs contain a specific and detailed plan for the Dial A Ride
Service that was unacceptable to Hines and the Metro District. After lengthy negotiation Hines
and the Metro District have proposed and implemented a flexible demand responsive Dial A
Ride service plan that is very different from the original Dial A Ride Plan. A copy of the revised
detailed Transportation plan is attached as Exhibit 4. City Staff feels that while the proposed
plan is different, it can meet the objectives of the original plan with some additional and revised
conditions included in it These conditions are listed in the Finding of Substantial Compliance
under the Staff Findings. These additional/revised requirements relate to the Traffic, Transit and
Parking Plan, the Dial A Ride Reporting, and the marketing and promotional efforts.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City. The transportation requirements and their
associated costs have been and will be borne by Hines and the Metro District
RECOMMENDA TION:
Staff recommends that the Aspen City Council make a "Finding of Substantial Compliance" with
regard to the transportation requirements contained in the Subdivision Improvement Agreements
for the Aspen Highlands Village PUD, the Moore Family POO and other associated approval
documents. The Finding of Substantial Compliance would be conditioned on the revised and
additional requirements contained in this memo.
AL TERNA TIVES:
City Council could decide against making a 'Finding of Substantial Compliance" and require
that Hines and the Metro District comply with the original transportation requirements as stated
in the Subdivision Improvement Agreements for the Aspen Highlands Village PUD, the Moore
Family PUD and other associated approval documents.
PROPOSED MOTION:
I move to approve a Finding of Substantial Compliance for the revised Transportation Plan as
specified in the attached memo for the Aspen Highlands Village and Moore Family PUDs
CITY MANAGER COMMENTS:
Attachments:
Exhibit 1 - Summary of Conditions of Approval and Staff Findings
Exhibit 2 - Finding of Substantial Compliance Detail
Exhibit 3 - SIA for AHV Exhibit A
Exhibit 4 - SIA for AHV Exhibit D
Exhibit 5 - Felsburg Holt & Ullevig Memo dated November 18, 2003
ti
~. EXHIBIT 1 ,''''
SlJ:\Ij\fARY m""rl<ANsPoRTA nON CONDITrONS Cit""PPROVAL AND
STAFF FINDINGS
SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D.
Transportation Conditions of Approval
Condition 8. RFTA Payments-page 4
Owner shall implement the phasing plan that cieariy identifies the
ridership threshold 017 the existing Castle/lv/aroon Roaring Fork
hamit Agency (RFTA) route that ,vii! trigger a requirement for the
OII11er to make a payment to RFTA for the purchme and operation of
one (1) additional bus on the route. (See Exhibits "A" and 'D ')
Condition 10. Traffic and Transit Parkin!! Plan'page 4
The Owner shedl implement a trciffic/transit/parking monitoring system
plan, which shall inciude measures to ensure increased mitigation
actions ijmonitoring shows that the mitigation is not adequate. lhe
Owner shall administer the monitoring plan through the conciusion of
Phase 4 of the constmction, andfor three (3) years thereafter. Annual
reports shall be submitted to the Community Development Department
for the Coullty alld RFD4 review. If traffic impacts exceed traffic
pl'Ojections. additional; mitigation in theform of transit mitigarion may
be required The momtoring .system shall address thefollowing issues:
(leU If the trips generated by AHV exceed the projectIOns contained
in the . 'Revised Maroon Creek Corridor Detailed
hamportation Plan", dated Febnlwy 1997,50 as to require
mitigationfor those additional impacts, the addillOnal
mitigei/ion required by the Owner must be approved by the
BOCC based upon the recommendations of the Pitkin County
Community Development Department and any appropriate
re[<erred aOenc)! (e. ". RFTA and /01' Pitkin Cormtv enuinccrino
, L:l ., b "' C b
Department.
(b) If the trips generated are lower them the projections contained
in the "Revisedlvfaroon Creek Corridor Detailed
Transportation Plan" dated Febl'1lmy, 12997, the Owner shall
be entitled to suggest a reduction in the traffic mitigation
programs then being funded. Such reduction shall be based
upon afinding by the BOCC that the reduction is appropriate.
provided however that the Owner shall not be entitled to a
refund for a71)1 portion of its infrastnrcture donation described
in Paragmph 17 belol!'.
Staff Finding
Conlpliance- The O"\vner
(HINES HIGHLA.N'DS
LIMITED Plili.TN'ERSHIP) has
fulfilled this condition of
approval
Compliance with Additional
conditions- Monitoring and
reporting will be continued
through June 2008. Any
changes to the transportation
plan after June 2008 will require
reinstatement of the monitoring
and repoJiing system
P3
f"'"": EXHIBIT 1 '1
SUML\IARY O~ANSPORTA TION CONDITIONS O'lfWPROVAL A!'\D
STAFF fINDINGS
Condition 13. Dial-A,Ride-page 5
Owner agrees to implement a "Revised Aspen Highlands Village
Castle/Maroon and Dial-a-Ride Service Plan ,. as seiforth in the
detazled plan attached hereto as Exhibit "D .., the costs oflvhich are set
forth in Exhibit "A".
Exhibits _"\ & D are attached
Condition 13.1 Exhibit D Dial A Ride Reporting
Per Exhibit D of the SIA for AllV, annual reporting for the Dial A Ride
service is required
Ihe report shall inell/de:
1. Statistics regarding ridership for the prevlOusyecrr;
2, Instances involving standees and missed trips, or trips requested
but not provided; and
3. Statistics regarding accidents and roadSide calls.
7
Substantial Compliance with
additional conditions-The Dial
A Ride system must continue to
operate as specified and agreed
to in the staff memo and mirror
that of the plan described in the
Felsburg Holt & Ul1evig memo
dated November] 8, 2003. If
the Dial A Ride system does not
i accurately reflect the agreed to
I system, then the original
, requirements in the SIA Exhibit
I D must be met Any changes to
the base level Dial A Ride
service must be approved by
I staff
I
I
I Compliance with additional
conditions-Qualterly repOlting
will be required on an ongoing
basis
rf 44
r, EXHIBIT 1 ')
SUMMARY OF~."\1\'SPORTATIO~ CONDITIONS O'"~PPROVAL AND
STAFF FINDINGS
SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY
Transportation Conditions of Approval
Condition 8. Bus Stoo Shelters page 3
Owner agrees to install or guarantees installation of two (2) bus stop
,helters CIS set forth in the General Submission approval (altached to
the Resolution) in the location(s) approved by the county Clnd RFTA.
The owner ,hall design such shelters Clcceptable to P.FTA.
Condition 2. Dial-A-Ride page 4
Owner agrees to implement an "On Demand Dial-a-Ride Ji'ansit
Service Plan" as set forth in the detailed plan attached hereto as
Exhibit "H.' and made a part hereof (hereafter "On Demand Dial-a-
Ride hcmsit Service Plan ").
BOCC Resolution No. 97-167 (09/30/98)
Granting Detailed Submission, Planned Unit Development, 104]
Environmental Hazard Review, and Special Review Approval to the
.'\spen Highlands Village PUD
Transportation Conditions of Approval
Conditions 6 - J 3 Trr~[fi-c/TransitITransportati()i1/Parking page 4
REVISED MAROON CREEK CORRIDOR DETAILED
TRANSPORTATION PLAN-Prepared by: Felsburg Holt &
Ullevig - February 1997
Transportation Conditions of Approval
Condition 8.0 SummarY Of Prooosed lVlitization page 24
There will be a continuing effort through promotional materials and
newsletters to encourage the use of alternative transportation by
residents, guests and skiers
3
Staff Finding
i
! Compliance- The owner has
'I' met this obligation by making
payment to the City in the
i amount of S 16,000 for the
i installation of one bus stop
I and/or shelter as stated in the
Letter of Agreement made
i between th~ Citv of Aspen and
I ZOOM FLU1V[[ LLC dated
I January 14, 2002.
I Substantial Compliance with
I additional conditions-same as
for AHV above
I
I
I
I
I
I
I' Compliance-the same general
reqUIrements as 111 the SlAs
I
I
,
I
I
i
I' Compliance-with additional
conditions
I
I
I
i
!
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EXHIBIT 2
FINDING OF SUBSTANTIAL COMPLIANCE DETAIL
I. SL\ FOR THE ASPEN HIGHLANDS VILLAGE P.D.D. 10/15/98
Transportation Conditions of Approyal
Condition 8. RFTA Pavments'page 4
Owner shall implement the phasing plan that clearly identifies the ridership threshold on the
existing Castle/Alaroon Roaring Fork Transit Agency (RFTA) route that will trigger a
requirement for the owner to make a payment to RFTA for the purchase and operation of one (J)
additional bus on the route. (See Exhibits "A" and "D")
Staff Finding - Comoliance
The Owner (HfuTES HIGHLANDS LIMITED PART:N'ERSHIP) has fulfilled this condition of
approval. The owner has made payment in full to the City of Aspen for the purchase of one (I)
additional bus to be used on the Direct Maroon Creek Road route. Payment for the bus was
made to the City on September 15, 2002.
The new bus began operating on the Direct Maroon Creek Road route beginning in December
2002. This is a change to the original requirement in Exhibit D of the SIA for AHY. Exhibit D
specified that the additional bus should operate on the CastlelMaroon route The developer,
Metro Districts and City staff agreed to change the route to operate directly from Rubey Park to
the Aspen Highlands Village. The bus operates on 30-minute headways from Rubey Park The
service provides five trips per hour on the route. The winter hours of operation currently are
0530 am until 1200 midnight seven days a week during the ski season
The Direct Maroon Creek Road service during the winter season is an ongoing annual obligation
for the Metro Districts. The Aspen Highlands Metro District (AHMD) will continue to
compensate the City of Aspen for bus service operated by RFT A on the Direct Maroon Creek
Road route during the winter season lasting approximately 130 days. The service began on
November 28, 2002 and will operate every year. Payment for the service will be made to the
City of Aspen on a monthly basis. An annual Service Agreement between the City of Aspen and
the AHMD for winter service was entered into by both parties and approved by Aspen City
Council on October 22, 2002. The contract is automatically renewed every year.
Condition 10.
Traffic and Transit Parking Plan-page 4
The owner shall implement a traffic/transit/parking monitoring system plan, which shall include
measures to ensure increased mitigation actiol1S if monitoring shows that the mitigation is not
adequate. The owner shall administer the monitoring plan through the conclusion of Phase 4 of
the construction, andfor three (3) years thereafter. Annual reports shall be submitted to the
Community Development Department for the County and RFTA review. If traffic Impacts exceed
traffic projections, additional; mitigation in the form of transit mitigation may be required. The
monitoring system shall address the/allowing issues:
~~
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(aj If the trips generated by AHV exceed the projections contained in the "Revised Maroon
Creek Corridor Detailed Transportation Plan ", dated Februwy 1997, so as to require
mitigation for those additional impacts, the additional mitigation required by the Owner
must be approved by the BOCC based upon the recommendations of the Pitkin County
Community Development Department and any appropriate referral agency (e.g. RFTA
and /01' Pitkin County engineering Department
(b) If the trips generated are lower than the projections contained in the "RevisedMaroon
Creek Corridor Detailed Transportation Plan" dated Februwy, 12997, the Owner shall
be entitled to suggest a reduction in the traffic mitigation programs then beingfunded
Such reduction shall be based upon afinding by the BOCC that the reduction is
appropriate: provided however that the Owner shall not be entitled to a refundfor any
portion of its infrastructure donation described in Paragraph 17 below.
Staff Finding - Compliance
Hines and the Metro Districts have agreed to provide the traffic/transit/parking monitoring
system plan as prescribed in the SIA for Aspen Highlands Village through June 2008. Stafffmds
this acceptable with the caveat that the reports be submitted no later than 60 days after the ski
season as required in the 1997 Aspen Highlands Ski Area Master Plan and that the reports meet
or exceed the data collected and reported in previous reports as required in approval documents
Hines and the Metro Districts also understand, that no significant changes to the transportation
plan can be made until a monitoring and reporting system is reinstated and adequate data is
collected over an adequate period of time so that staff can make informed decisions about the
adequacy of the service any proposed changes can properly be evaluated
Condition 13.
Dial-A-Ride-page 5
Owner agrees to implement a "Revised Aspen Highlands Village Castle/Maroon and Dial-a-
Ride Service Plan" as set forth in the detailed plan attached hereto as Exhibit "D ", the costs of
which are set forth in Exhibit "A ".
Exhibits A & D are attached
Staff Finding - Substantial Compliance
The Dial A Ride service is an integral part of the approved and agreed to transportation plan
contained in the SIA and various other approval documents for Aspen Highlands Village. The
Dial A Ride service is considered an on-going service to be provided in perpetuity to serve the
residents of the developments
The developer has proposed and is operating a Dial A Ride that is significantly different from the
detailed and comprehensive plan contained in Exhibit D as a condition of approval and as agreed
to in the SIA. While different, staff feels that it meets or exceeds the requirements in Exhibit D
of the SIA
A copy of the Aspen Highlands Transportation Plan by Felsburg Holt & Ullevig dated November
17,2003 is attached as Exhibit 1. The Transportation Plan contained in this document is
P7
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c
considered as the basis of the Dial A Ride service plan City staff agrees that the flexible
demand responsive service Dial A Ride plan in place and currently operating as part of the
Transportation Plan is that meets the intent ofthe iixed schedule Dial A Ride plan in Exhibit D
of the SIA The currently operated Dial A Ride plan establishes the "base level of service" for
Dial A Ride This base level of service has and will continue to be sustained and funded by the
Districts into the future.
EXCERPT FROM FELSBURG HOLT & ULLEVIG MEMORANDUM-
November 17, 2003
Dial-a-Ride Services
In order to comply with the spirit and intent of the SlA - Exhibit D, a comprehensive Dial-a-Ride
service program is currently in place and operating 365 days per year. Table 1 provides detailed
information about the three components that make up the program The following outline
provides an overview of the current program:
Table 1.
Dial-a-Ride Services
Services AHVMD Service I Ritz Carlton Club I Amenities Association
Rider Eligibility All Aspen Hi ghlands Ritz Carlton Club, Aspen Highlands
Village and Five Trees Residents and Guests Village Free-Market
Residents and Guests Residences - Residential
Guests
Hours of Operation 5:30 AM to 2:00.1>.M 24 Hours per Day 6:00 AM to 10:30 PM
(205 Hours) (16.5 Hours)
365 Days per Year
365 Days per Year 365 Days per year
Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association
Village Metropolitan and Joshua & Company
District and High
Mountain Taxi
Number and Type of 37 Taxi Vehicles 4- Suburbans 2- Suburbaus
Vehicles (7 Passenger) (7 Passenger)
2- Turtle Top Vans 1- Tahoe
(14 Passenaers) (5 Passengers)
Head\-vays Demand Responsive Demand Responsive Demand Responsive
(No Set Headways) (No Set Headways) (No Set Headways)
Service Area Aspen Downtown Core Aspen Downtown Core Aspen Downtown Core
and Aspen! Pitkin and AspenlPitkin County and Aspen! Pitkin
County Airport Airport County Airport
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Summary of Current Services
. Hours of Operation: Between 20.5 and 24 hours per day, 365 days a year.
. Number of Vehicles:
:.> 2 ~ Turtle Top Vans (14 passengers each)
:.> 5 - Suburbans (7 passengers each)
:.> 1 - Tahoe (5 passenger) - recently added to the fleet in response to increased
demand
:.> 37 - High Mountain Taxi vehicles
. Headwavs: Currently the entire system is run as an on-demand service with no
specific headways. The areas serviced are to and from the downtown core including
points in between and to and from the AspenlPitkin County Airport.
. Service Provided: Building upon the extensive fixed route mass transit component at
Aspen Highlands, the initial Dial-a-Ride service is operating as an on-demand system.
This system was established to respond to the varying requirements of guests, visitors and
residents. It has the capacity to grow with demand without typical delays due to vehicle
limitations As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix
has been expanded to meet increasing demand.
The AHV Dial,a,Ride system is comprised of three overlapping services. All residents and
guests at AHV and Five Trees have basic service provided through High Mountain Taxi. This
service is supplemented for the Tourist Accommodation Units and the AHV Free-Market
Residential Units. The system can be described in the following manner:
. All Units in AHV and Five Trees - On-demand service available from 5"30 am until 200
am, 7 days a week to the Airport and downtown Aspen. This service is contracted
through High Mountain Taxi. High Mountain Taxi was selected because they are a
recognized provider of transit services by RFT A, they have handicap accessible vehicles
available for use upon request and they have the dispatch and fleet necessary to meet both
present and future needs of the Dial-A-Ride program
. Tourist Accommodation Units - On-demand service available 24 hours a day, 7 days a
week to and from the Airport and downtown Aspen. This service is provided by two 14
passenger Turtle Top vans and three 7 passenger Suburbans.
. Free-Market Residential Units in AHV - On-demand service available from 600 am
until 10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This
service is provided by two 7 passenger Suburbans and one 5 passenger Tahoe.
In summary, the AHV transportation system provides a flexible and convenient response to the
mobility needs of residents and guests. It exceeds the service requirements and the number of
vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and
varied desires for moving to downtown Aspen and the airport.
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III. AN ORGANIZATIONAL CHART INDICATING MANAGER AND
PERSONNEL TO PROVIDE SERVICES
The Aspen Highlands Metropolitan District is responsible for management and assuring the
service of the Dial-a-Ride program for AHV and Five Trees (see Figure 1). The manager of the
District is Beach Resource Management, LLC. High Mountain Ta.xi provides the Dial,a-Ride
for All Units at AHV and Five Trees through a contract with the Aspen Highlands Commercial
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado.
The Dial-a-Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as
a part of their overall management of the Association responsible for these units.
The Dial-a-Ride service for the Free-Market Residential Units at AHV is provided by Joshua &
Company as a part of their overall management of the Amenities Association responsible for
these units.
The District manages the providers of the services listed above; Joshua & Company, the Ritz
Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the
responsibility of the District to assure that any gaps in service are filled immediately. The
District has specifically taken on this responsibility as a part of the Service Plan for the District.
Condition 13.1 Exhibit D Dial A Ride Reportinl!
Per Exhibit D of the AHV SIA, annual reporting for the Dial A Ride service is required.
771e report shall include:
1. Statistics regarding ridership for the previous year;
2. Instances involving standees and missed trips, or trips requested but not provided; and
3. Statistics regarding accidents and roadside calls.
Staff Findinl! - Compliance
Because the new Dial A Ride service plan varies so dramatically from the original plan in the
SIA, ongoing monitoring and reporting is required. The monitoring and reporting will comply
with the requirements in the SIA. The reports will be submitted on a quarterly basis to the City
of Aspen Transportation Department The reports will be due within 60 days of the end of the
quarter. The first report will be for the first quarter of2004 and will be due May 31,2004. The
due dates for the quarterly reports for each year are as follows:
Quarter 1
Quarter 2
Quarter 3
Quarter 4
May 31
August 31
November 31
February 31
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II. SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY -08/04/98
Transportation Conditions of Approval
Condition 8. Bus Stop Shelters page 3
Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the
General Submission approval (attached to the Resolution) in the location(s) approved by the
county and RFTA.. The owner shall design such shelters acceptable to RFT A
Staff Finding- Compliance
The owner has met this obligation by making payment to the City in the amount of $16,000 for
the installation of one bus stop and/or shelter as stated in the Letter of Agreement made between
the City of Aspen and ZOOM FUJ.ME LLC dated January 14, 2002.
Condition 2. Dial-A-Ride page 4
Owner agrees to implement an "On Demand Dial-a-Ride Transit Service Plan" as set forth i71
the detailed plan attached hereto as Exhibit "H" and made a part hereof (hereafter "On
Demand Dial-a-Ride Transit Service Plan ").
Staff Finding - Compliance
The Condition for the Moore Family P1JD is the same as for the Aspen Highlands Village and
the compliance with this condition of approval is the same.
III. BOCC Resolution No. 97-167 (09/30/98)
Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review.
and Special Review Approval to the Aspen Highlands Village POO
Transportation Conditions of Approval
Conditions 6 - 13
Trafjic/Transit/Transportation/Parking
page 4
Staff Finding - Compliance
Staff finds that transportation conditions 6- 13 of Resolution No 96-167 are in compliance.
IV. REVISED MAROON CREEK CORRIDOR DETAILED
TR<\.NSPORTATION PLAN-Prepared by: Felsburg Holt & Ulleyig
February 1997
Transportation Conditions of Approval
8.0 SummarY Of Proposed Mitigation page 24
There will be a continuing efjort through promotional materials and newsletters to encourage
the use of alternative transportation by residents, guests and skiers.
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Staff Findin!! - Compliance
Staff finds this condition to be in compliance with the caveat that the following be continued
every year:
J. Creation of an annual marketing plan and budget to be approved by the Districts Boards
2. District staff to meet at least once with City Transportation Department Staff at least
annually before the start of the winter season to discuss the marketing plan
3. Regularly attend meetings of the Transportation Options Program (TOP)
4. Display TOP information at the Post Office, visitor's desk and on the l\.HV web site and
to update this information on a regular basis.
The City will make its Transportation Coordinator available to assist with marketing and public
information efforts The district also may choose to enter into a mutually-agreed upon marketing
and funding agreement with City Transportation Staff to perform all or part of the marketing and
promotional activities in the service marketing plan
Other Transportation Reouirements and Conditions of Approval
All other conditions and requirements ofthe SIA and other Transportation commitments in other
approval documents will remain in place and in force.
Non-Compliance with Existin!! or Revised Transportation Plan Reouirements
The service, monitoring, reporting, marketing and promotional term revisions as outlined in this
memo are acceptable, as long as the districts remain in substantial compliance with the non-
revised and revised provisions of the SIA. However, in the event of substantial non-compliance
with the revised terms and conditions, the detailed fixed route service plan as specified in Exhibit
D of the SIA will need to go into effect.
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November 17, 2003
MEMORANDUM
TO
Robert E Daniel. Jr.
FROM:
David E. Hattan, PE
SUBJECT:
PROJECT
Aspen Highlands Transportation Plan
Aspen Highlands Village
FHU # 03-144
We have prepared the following memorandum for the Aspen Highlands Transportation Plan based
on information provided by Hines Highlands Limited Partnership and Aspen Highlands Metropolitan
District. These data were compared with the analysis procedures developed for the Revised
Maroon Creek Corridor Detailed TransDortation Plan, Felsburg Holt & Ullevig, February 1997.
INTRODUCTION
As part of the final approvals for the Aspen Highlands Village and Moore Planned Unit
Developments. numerous transportation studies and plans were developed. The final
transportation plan is summarized in the Revised Maroon Creek Corridor Detailed Transportation
Plan. The plan called for a transportation system to and from Aspen Highlands Village and Five
Trees that would have multiple components to meet the anticipated needs of the guests, visitors
and residents of the Village. The goal of the transportation system is to reduce automobile use
and to specifically reduce the number of vehicles going to downtown Aspen and the airport.
Since the start of construction of the Aspen Highlands Village Planned Unit Development (AHV). a
number of steps have been taken to implement a transportation system that truly provides
alternatives to the automobile for residents and guests. In accordance with Exhibit D of the
Subdivision Improvements Agreement for AHV, these steps have included funding the purchase of
a transit bus for the Roaring Fork Transit Authority (RFTA) for use on the Castle/Maroon route
which serves AHV. A shuttle service between AHV and Buttermilk is provided for skiers and
employees during the winter. As detailed in later sections of this discussion, these services are
frequent and effective in serving fixed schedule demands
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November 17, 2003
Memorandum to Robert E.
Page 2
Daniel, Jr.
In order to encourage use oi the transit system that serves Aspen Highlands, the Aspen Skiing
Company, the Ritz Carlton Club, the Aspen Highlands Metropolitan District and the Aspen
Highlands Parking and Loading Dock Association (PLDA) all provide either iree bus passes or
subsidized passes to their employees. The Ritz, the District and the PLDA provide fuliy subsidized
passes ior their employees due to the lack oi parking at Aspen Highlands at a combined cost oi
approximately S74,000 annually. The Skiing Company provides a 75% subsidy ior bus passes to
their employees and during ski season it is estimated that 75 oi their employees purchase the
subsidized passes while another 60 employees ride the bus at their own cost. The subsidy
approximates S22,500 during the ski season.
Another part oi the commitments made by AHV involves providing a Dial-a-Ride transit service
The service is described as iollows in Exhibit D
Dial,A,F?ide Plan
The Moore PUD (Five Tree) and Aspen Highlands Village will join together to operate a dia/-a-ride
service to reduce the need for residents and guests to utilize automobiles. The operation will offer
a door-to-door delivery system and will service trips to areas near Aspen. Transportation service
will be provided to the City of Aspen core area and to the airport. The following sections propose a
preliminary operations and service plan and describe the vehicles to be used. Some operations
details will be finalized when the service has been established.
Operations Plan
The system will be operated in a flexible manner to maximize convenience for riders. Service
levels will be tailored to demand to provide convenient service. The section describes the initial
service plan which may be modified in the future to meet ectual demands of residents and guests
as the properties are built out. Service will be initiated with two vans when the developments start
to be occupied in approximately the year 2000. The fleet of vehicles and service maybe expanded
as the developments grow..
Vans will operate on a fixed schedule with pick,ups in the center of Aspen everyone-half hour
during the winter and summer high seasons. On the other end of the route at AHV and the Moore
PUD, the vans will drop off and pick up passengers at their origin or destination. During the off,
peak seasons services will be reduced to match demand.
During the peak season(s), Route #1 will serve the Aspen Core. Dia/-a-ride vans will provide
service on a fixed one-half hour schedule generalty following the route depicted on Figure 2. Three
check points will be established in Aspen, potentially at Mill StreeUHyman Avenue, Cooper
Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit
route so patrons are not required to cell for service. Two vans will provide one-half hour heedways
et the checkpoints.
The second destination, Route #2 is the Aspen-Pitkin County Airport. This will be on demend
service, similer to services provided by other resorts in the Aspen area. At the time guests make
reservetions to stay at AHV, they will be advised that cer rental is not necessary beceuse of the
elternetive trensit services aveileble. Departures to the eirport will be scheduled aheed of time.
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 3
Service Plan
Prior to the initiation of service, AHV shall present a detailed service plan to the RFT A for review
The plan shall include:
1. Estimate of demand;
2. Description of specific services including the number of vehicles, spares, hours of
operations and headways;
3. An organizational chari indicating manager and personnel to provide services; and
4. Service marketing plan.
AHV intends to offer dia/-a-ride service seven days a week during the winter and summer peak
seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be
utilized to determine night service should be run later in the evening.
Service to the airport will be provided when the airport is operating. The service will be available to
all guests and residents in AHV and the Moore PUD.
As noted in Exhibit D, the AHV transportation system should provide a flexible and convenient
response to the mobility demands that vary depending on the day of the week, season of the year,
and growth in demand. The many elements of the existing transportation system meet and in
some instances exceed the requirements of Exhibit D, thereby making it unnecessary for many
residents and guests to use private or rental automobiles. Trip logs, trip ticket data, and anecdotal
evidence bears out the fact that many people use the Dial-a-Ride system to get to and from the
airport and either RFT A scheduled buses or Dial-3-Ride to travel to and from downtown Aspen.
The purpose of this memo is to explain in detail how the current AHV transportation system meets
(and in some ways exceeds) the requirements of Exhibit D of the Subdivision Improvements
Agreement and to also provide a Service Plan for the Dial,a-Ride system that addresses the
specific requirements of Exhibit D. Once this Service Plan is formally adopted, there will be an
enhanced monitoring structure implemented to determine the effectiveness of the Dial-a-Ride
program along with the other transportation programs at Aspen Highlands.
I. ESTIMATE OF DEMAND
Demand for transportation services is created by the residents and guests of AHV. The following
table is a comparison of the ultimate mix of residential types at AHV and Five Trees and the current
status of occupancy of these units. Ultimate resident population at full occupancy is also provided.
(The ultimate development information has been taken from following documents which are the
basis for approval of these developments by Pitkin County: Aspen Hiahlands Villaae Detailed
Submission - Consolidated Plan, September 1997 and Moore Familv PUD Detailed Submission-
Consolidated Plan, 1997)
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 4
The mix of units at AHV is:
Free Market Single Family Homes
Free Market Townhomes
Tourist Accommodation Units
Affordable Housina Units
Total
Ultimate
31
31
73
112
247
Currently Occupied
7
10
73
112
202
(82% of ultimate)
The mix of units at Five Trees (previously known as the Moore Family PUD) is:
Free Market Single Family Homes
Affordable Housinq Units
Total
Ultimate
40
31
71
Currently Occupied
11
31
42
(59% of ultimate)
The projected population mix at AHV (assuming 100% occupancy) will be:
Free Market Units
Affordable Housing Units
Tourist Accommodation Units
Total
Ultimate
244
267
203
714
Currently Occupied
67
267
203
537
Similarly, the ultimate projected population mix at Five Trees (assuming 100% occupancy) will be:
Ultimate Currently Occupied
160 44
96 95
255 139
Free Market Units
Affordable Housina Units
Total
Table 8,3 of the Revised Maroon Creek Corridor Detailed Transportation Plan calculates that the
guests and residents of the Aspen Highlands Village should generate 347 person trips per day at
ultimate build-out. Likewise. Table B-6 shows that Five Trees should generate 113 person trips
per day. This is a total of 460 person trips per day for both developments combined.
Although limited statistics have been kept concerning ridership on the three components of the
AHV Dial-a-Ride system to date, existing ridership appears to be very close to meeting the goals
that were outlined in the Revised Maroon Creek Corridor Detailed Transoortation Plan. Based on
the current occupancy of residences, the Dial-a,Ride system should average approximately 340
person-trips per day at 100 percent occupancy of all housing units. This estimate of the current
ridership goal has been calculated utilizing the same methodology and spreadsheets that was
used previously for the 1997 report. A copy of the updated spreadsheets is provided in Appendix
A. March is the peak month of the year for skiing-related activity and occupancy would be the
highest. Ridership calculations for March 2003 (see Appendix A) show that approximately 328
person trips per day were using the Dial-a-Ride system. The best available information
concerning current ridership statistics is also provided in Appendix A. This comparison shows that
the Dial-a-Ride system is very close to achieving anticipated capture rates. As discussed in a
following section, more detailed ridership information will be available in the future as a part of the
comprehensive monitoring program
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 5
II. DESCRIPTION OF SPECIFIC SERVICES INCLUDING THE NUMBER OF VEHICLES,
SPARES, HOURS OF OPERATIONS AND HEADWAYS
In order to develop an appropriate Service Plan for Dial-a-Ride services, it is necessary to first
acknowledge the different use patterns and the available fixed route transportation alternatives that
currently exist for AHV and Five Trees residents and guests. Throughout the year, there is
extensive fixed route bus service that is primarily oriented to the downtown area of Aspen.
Additional services to other ski areas are provided to accommodate skier needs
Fixed Route Services during the Ski Season
During the ski season, Aspen Highlands is the focus of a number of free, fixed route bus services
that are provided for both skiers and residents. Including the Skier Shuttle buses run by RFT A,
regular buses, and the new dedicated Aspen Highlands bus, there are nine buses per hour arriving
and departing Aspen Highlands between the hours of 8:00 am and 4:30 pm. All of these buses are
free to the rider. With an average capacity of 35 seats per bus, this equates to 315 seats per hour
arriving and departing Aspen Highlands during these times. On a daily basis, this equates to an
ability to carry more than 2,680 passengers during the peak period (8.5 hours) of the day. Specific
routes and service levels include the following:
. The dedicated Ruby Park/Highlands bus runs from 5:45 am until midnight on 30 minute
headways.
. RFT A skier shuttle buses run from 8:00 am until 4:30 pm on 15 minute headways.
. The Castle/Maroon bus runs from 6 am until 2:30 am on 20 minute headways
. The Buttermilk Shuttle Provides transportation for employees and skiers on an on,demand
basis. It operates from 7 am until 4:30 pm on 15-20 minute headways, all seven days per
week throughout the ski season. Once ski season ends the bus schedule is reduced
appropriately.
. Total estimated capacity (not including the Buttermilk Shuttle) during ski season exceeds
4,585 passenger seats per day on the fixed mass transit system.
To put this fixed route transit service into perspective, during Ski Season there are 2,680 free bus
seats arriving and departing Aspen Highlands Uust in the 8am to 4:30pm timeframe). This number
is almost a four-times multiple of the current maximum occupancy figure (676), and a 2.75 times
multiple of projected full occupancy (969).
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November 17,2003
Memorandum to Robert E.
Page 6
Daniel, Jr.
Fixed Route Services during the Summer Season
Between the regular buses and the new dedicated Aspen Highlends bus, there are 5 buses per
hour arriving and departing Aspen Highlands between the hours of 9:00 am and 5:00 pm. All of
these buses are free to the rider. With an average capacity oi 35 seats per bus, this equates to
175 seats per hour arriving and departing Aspen Highlands during these times.
. The dedicated Ruby Park/Highlands bus runs irom 5:45 am until 1 0:00 pm on 30 minute
headways.
. The Castle/Maroon bus runs irom 6:20 am until 2:00 am on 20 minute headways.
The Fixed route transit services are intended ior visitors and skiers as well as residents. The Oial-
a-Ride system is a supplement to these larger iixed route services ior the added convenience of
residents and guests.
Dial-a-Ride Services
Oial,a,Ride is a common term ior demand-responsive transit service which can be provided in
many iormats. The initial Oial-a,Ride service described in Exhibit 0 called service between many
pick-up locations in AHV and Five Trees and three checkpoints (stops) in downtown Aspen. As
also noted in Exhibit 0, initial service was to be provided by two vans on a fixed route through
downtown every half hour. On-call taxi service is representative of more intensive Oial-a-Ride
service with its "many-to-many" characteristics and generally short response time (the wait
between the phone call requesting pick,up and vehicle arrival).
Recognizing that the fixed route system and schedule has an impact on any other alternative
modes oi transportation, the current Oial,a,Ride service at AHV and Five Trees has been
speciiically structured to iully complement the extensive iixed route capacity to and irorn Aspen
Highlands. In developing the existing Oial,a-Ride prograrn, the three overlapping entities (as
explained in the following organizational section) involved in providing service deterrnined that the
service described in Exhibit 0 represents a duplication and overlap oi the extensive fixed route
service already being provided to and irom downtown Aspen. The AHV Oial-a-Ride systern has
been structured to provide convenient "many-to-many" service.
In order to comply with the spirit and intent oi the SIA - Exhibit 0, a comprehensive Oial,a-Ride
service program is currently in place and operating 365 days per year. Table 1 provides detailed
information about the three components that make up the program. The following outline provides
an overview of the current prog ram
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November 17, 2003
Memorandum to Robert E.
Page 7
Daniel, Jr.
Table 1.
Dial,a-Ride Services
Services I AHVMD Service I Ritz Carlton Club I Amen-ities
Association
Rider Eligibility I All Aspen Highlands Ritz Carlton Club, ' Aspen Highlands
Village and Five Residents and Guests Village Free-Market
Trees Residents and Residences -
Guests Residential Guests
Hours of Operation 5:30 AM 102:00 AM 24 Hours per Day 6:00 AM to 10:30 PM
(20.5 Hours) (16.5 Hours)
365 Days per Year
365 Days per Year 365 Days per year
Services Provided By , Aspen Highlands Ritz Carlton Club Amenities Association
Village Metropolitan and Joshua &
District and High Company
Mountain Taxi
Number and Type of 37 Taxi Vehicles 4- Suburbans 2- Suburbans
Vehicles (7 Passenger) (7 Passenger)
2- Turtle Top Vans 1- Tahoe
(14 Passenoers) ( 5 Passenqers)
Headways Demand Responsive Demand Responsive Demand Responsive
(No Set Headways) (No Set Headways) (No Set Headways)
Service Area Aspen Downtown Aspen Downtown Core Aspen Downtown
Core and Aspen/ and Aspen/Pitkin Core and Aspen/
Pitkin County Airport County Airport Pitkin County Airport
Summary of Current Services
. Hours of ODeration: Between 20.5 and 24 hours per day, 365 days a year.
. Number of Vehicles:
~ 2 - Turtle Top Vans (14 passengers each)
~ 5 - Suburbans (7 passengers each)
r 1 - Tahoe (5 passenger) - recently added to the fleet in response to increased
demand
>- 37 - High Mountain Taxi vehicles
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 8
. Headwavs: Currently the entire system is run as an on-demand service with no specific
headways. The areas serviced are to and from the downtown core including points in
between and to and from the Aspen/Pitkin County Airport.
. Service Provided: Building upon the extensive fixed route mass transit component at
Aspen Highlands, the initial Oial,a-Ride service is operating as an on-demand system. This
system was established to respond to the varying requirements of guests, visitors and
residents. It has the capacity to grow with demand without typical delays due to vehicle
limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix
has been expanded to meet increasing demand.
The AHV Olal-a,Rlde system is comprised of three overlapping services. All residents and guests
at AHV and Five Trees have basic service provided through High Mountain Taxi. This service is
supplemented for the Tourist Accommodation Units and the AHV Free-Market Residential Units.
The system can be described In the following manner:
. All Units In AHV and Five Trees - On-demand service available from 5:30 am until 2:00
am, 7 days a week to the Airport and downtown Aspen. This service is contracted through
High Mountain Taxi. High Mountain Taxi was selected because they are a recognized
provider of transit services by RFT A, they have handicap accessible vehicles available for
use upon request and they have the dispatch and fleet necessary to meet both present and
future needs of the Olal-A-Rlde program.
. Tourist Accommodation Units - On-demand service available 24 hours a day, 7 days a
week to and from the Airport and downtown Aspen. This service is provided by two 14
passenger Turtle Top vans and three 7 passenger Suburbans
. Free-Market Residential Units in AHV - On-demand service available from 6:00 am until
10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This service is
provided by two 7 passenger Suburbans and one 5 passenger Tahoe.
In summary, the AHV transportation system provides a flexible and convenient response to the
mobility needs of residents and guests. It exceeds the service requirements and the number of
vehicles outlined in Exhibit 0 of the SIA and better accommodates patrons' individual and varied
desires for moving to downtown Aspen and the airport. Costs to provide the total Oial-a,Ride
service are approximately S44, 1 00 per month or almost 8530,000 per year (see Appendix A). This
amount greatly exceeds the amount contemplated when Exhibit 0 was signed
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November 17, 2003
Memorandum to Robert E. Daniel, Jr.
Page 9
III. AN ORGANIZATIONAL CHART INDICATING MANAGER AND PERSONNEL TO
PROVIDE SERVICES
The Aspen Highlands Metropolitan District is responsible for management and assuring the service
of the Dia!-3-Ride program for AHV and Five Trees (see Figure 1). The manager of the District is
Beach Resource Management, LLC. High Mountain Taxi provides the Dial-a-Ride for All Units at
AHV and Five Trees through a contract with the Aspen Highlands Commercial Metropolitan
District, a quasi-municipal corporalion and political subdivision of the State of Colorado.
The Dial-a-Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as a
part of their overall management of the Association responsible for these units.
The Dial-a-Ride service for the Free,Market Residential Units at AHV is provided by Joshua &
Company as a part of their overall management of the Amenities Association responsible for these
units.
The District manages the providers of the services listed above; Joshua & Company, the Ritz
Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the
responsibility of the District to assure that any gaps in service are filled immediately. The District
has specifically taken on this responsibility as a part of the Service Plan for the District
IV. SERVICE MARKETING PLAN
Services are marketed to residents and guests using several methods. During the sale of all units
within Aspen Highlands Village, prospective owners are advised of the transit options available to
them. Following the sale of all units, residents and guests are advised through a community
website and quarterly newsletters of these services and their hours of operation; through periodic
meetings; and throug h updates mailed to residents. Appendix B shows typical examples of the
newsletter and website information concerning the available Dial-a-Ride services. In addition,
written materials are available at the community post office and at the Maroon Creek Station.
Samples of these printed materials available are shown in Figure 2.
The Ritz Carlton and Joshua & Company also advise their guests of the availability of these
services at the time reservations are made. Guests are also advised that there is no need to rent a
car during their holiday stay, as several alternatives are available to them (including shuttles, vans,
taxis and bus service). Guests, residents and day skiers appear to have embraced this message
as the use of these services is close to meeting forecasts.
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Figure 1
Organization Chart
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Figure 2
Transit Related Materials Available
at the Community Post Office
FELSBURG HOLT & ULLEVIG
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November 17, 2003
Memorandum to Robert E.
Page 12
Daniel, Jr.
In order to continue the past and current success of the transportation system, there needs to be
continuing efforts to provide more information to Aspen Highlands Village guests and residents.
This is an ongoing process of refining and enhancing the message about alternative transportation
Upon approval of this Service Plan, the Aspen Highlands Metropolitan District will enter into a
marketing agreement with the City of Aspen Transportation Department to assist in the marketing
of the various transportation options available at Aspen Highlands Village. Recently the Metro
District has increased the level of information that is provided to residents and visitors which has
increased their awareness of current services. This awareness has been gained through
increased use of promotional materials, a change in the website format and description, notices
placed on residential doors within Aspen Highlands Village, and completed phone surveys on
transportation alternatives to determine use and utility of services offered. The District is
considering establishing a yearly budget for marketing that would allow continued printing of
brochures and door hangers as well as including reminders about the available Dial-a-Ride
services in each edition of the newsletters.
The District participates in the Transportation Options Program and attends bi-monthly TOP
meetings with businesses and others on transportation issues and provides fully subsidized bus
passes for staff of the District, the Master Association and the Parking and Loading Dock
Association.
MONITORING & REPORTING
Exhibit D of the SIA defines the following requirement for transportation system monitoring and
reporting:
"At the end of the first three years of operation (Dial-a-Ride) Al-IV shall submit an annual report to
RFTA at the end of the winter season. The report shall include:
1. Statistics regarding ridership for the previous year;
2. Instances involving standees and missed trips, or trips requested but not provided; and
3. Statistics regarding accidents and roadside catls.
Based upon the review of the annual report, changes in the levet of service may be made"
While these general reporting requirements are required for the Dial-a-Ride system, there are
greater reporting requirements relative to transportation as a whole for Aspen Highlands Village.
The Aspen Skiing Company began preparing annual reports regarding the agreed to service plan
in the 1999/2000 ski season. These monitoring reports have also been prepared and submitted to
the City of Aspen for the last three years. The 2002/2003 report has been completed, and a copy
is attached to this memorandum
In order to provide more complete information, the Aspen Highlands Metropolitan District has
formulated the following comprehensive monitoring pian that was put into effect in January 2003:
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Novem ber 17, 2003
Memorandum to Robert E. Daniel, Jr
Page 13
. The District assumed responsibility for the monitoring of air quality, and collection of
information regarding ridership, traffic counts, et cetera in December 2002. With the
assumption of these monitoring requirements, it was discovered that the air quality
monitoring station could not be properly calibrated. Intermountain Laboratories was
retained immediately and the system was completely overhauled and rehabilitated. A spare
parts inventory was established, and the monitoring station has been running efficiently and
providing accurate information since January 2003.
. The District has also completed traffic counting during the 2003 ski season; traffic counts
included a breakdown between vehicle types (bus, shuttle, service vehicle, skier/visitor, and
resident), .vehicles per hour, et cetera The traffic survey is Included in the annual report 10
the City which will address air quality, transit and on-demand services. A copy of the
Monitoring Report for the 2002/2003 ski season is attached to this memorandum
. The District has purchased and is installing a traffic monitoring system that will operate on a
continuous basis during the 2003/2004 season. Additional equipment that will be
purchased includes five vehicle counters that will be installed on Prospector Road,
Thunderbowl Lane, the entrance to Building 7 and the entrance to Building 5. The fifth
counter will be installed in different locations throughout the year to record traffic at other
portions of the village. Hose counters will only be installed on snowmelt roads during the
winter to prevent damage and loss of information. Several cameras have recently been
approved for installation to monitor traffic at the bus stop area on Boomerang. It is possible
that some of the discrepancies in reporting between various entities are due to riders to
Highlands not departing the bus at Highlands. It occurs to the District that many riders that
get on the bus at other locations may ride to Highlands to get to Aspen. For example, the
bus stops at Castle Creek, the roundabout, the Aspen School District, and the Aspen
Recreation Center before stopping at Aspen Highlands. It is clear that Highlands is not the
final destination for these riders. The data produced by this system will become part of the
annual report and will provide daily figures on traffic totals at Aspen Highlands Village. The
system is proposed to be set-up to differentiate between vehicle types and to allow for the
generation of additional data that will be useful to the Village and the Maroon Creek
Corridor transit program. More details about the proposed traffic monitoring system for the
2003/2004 season are provided in Appendix C.
. The District has agreed to continue monitoring for an additional period of two years beyond
what was originally required due to gaps in information during the past two years (prior to
the District assuming responsibility for monitoring). During this period of time, the District
will monitor air quality at Aspen Highlands; traffic numbers and, if possible, traffic type;
Buttermilk shuttle ridership; mass transit ridership; skier bus ridership; Maroon Bells
ridership; Dial-A-Ride use including all services provided to village residents; airport use
versus downtown core use; and skier parking counts.
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November 17, 2003
Memorandum to Robert E
Page 14
Daniel, Jr
. The District will also cooperate with the Aspen Highlands Village Association and Aspen
Skiing Company to compare special event numbers to traffic generation numbers and
changes in air quality data, if any. All data will be evaluated and converted to useful
information for inclusion in the annual report. 3eginning in 2004 this report will be issued
shortly after the close of the ski season. The report will include information from summer
2003 activities and Maroon Bells transit information.
SUMMARY
Aspen Highlands Village provides a very comprehensive transportation system for residents,
guests, and skiers. AHV supports a number of fixed routes that are operated by RFT A. In
addition, a Dial-a-Ride system is provided for residents and guests. This system is well supported
financially and is very close to meeting ridership goals: The system provides overlapping services
so some users have several options for their trips to downtown Aspen and the Airport. This
success is due to an ongoing information program that is refined and enhanced continuously to
maintain recognition of the alternative transportation options available to AHV residents and
guests. A procedure to improve Monitoring and Reporting of the status of the system has been
included in this memorandum.
We look forward to continuing to work closely with the City of Aspen and RFT A to provide
transportation alternatives at AHV.
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MEMORANDUM
TO:
Julie Ann Woods, Community Development
FROM:
Cindy Christensen, Housing Office
DATE:
May 6, 2004
RE:
ASPEN HIGHLANDS VILLAGE EMPLOYEE AUDIT
ISSUE: When the Aspen Highlands Village PUD was approved, a condition of the approval was
that "An audit of full-time employees shall be conducted at the applicant's expense one year after
completion of Phase Four. The applicant shall be responsible for housing mitigation of any
employee generation over and above that contemplated at the time of Detailed Subdivision
approval. If the required audit shows a reduction in employee generation, the applicant may seek a
credit to be used on other Pitkin County projects."
BACKGROUND: Hines Highlands Limited Partnership (HHLP) contracted Haas Land Planning,
LLC to conduct the employee audit for the Aspen Highlands Village project. The use of Haas Land
Planning LLC was approved by the Housing Office as an impartial third party to conduct the audit.
The audit concluded that the Ritz-Carlton Club maintains about 14.75 more FTE's than had been
accounted for by the approved generation factors. However, the audit showed that HHLP and the
Aspen Ski Company maintained approximately 23.45 and 6.18, respectively, fewer FTE's than
expected at the time of the approvals. The total FTE's of the PUD are to be considered; therefore,
the final conclusion of the audit holds that the Aspen Highland Village PUD generates about 14.89
fewer FTE's than were expected to be generated when the approvals were granted.
The calculations presented were correctly computed, but remain subject to limitations. Those
limitations are stated below:
I. The annual man-hour figures in the audit are based on data provided by the Ritz-Carlton
Club, Hines Highlands Limited Partnership and the Aspen Ski Company. Data was not
independently obtained from or docwnented in State records or any other source.
2. Where a space remains vacant or a tenant did not provide information, the audit used the
approved employee generation rates to result in neither a shortfall nor a surplus of FTE' s
attributable to that space.
Mitch Haas stated that an audit can only be as good as the data on which it is based, and not all
tenants had been able to provide multi-year data. It was impossible for Mr. Haas to extrapolate
meaningful trends or even arrive at meaningful averages.
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RECOMMENDATION: The Housing Board reviewed the findings of the audit and concluded the
following:
1. Hines Highlands Limited Partnership has satisfied their mitigation requirement for the
development of Aspen Highlands Village.
2. The audit concluded that there is a credit of 14.89 FTE's.
3. Condition 16 of BOCC Resolution No. 97-167 allow the Hines Highlands Limited
Partnership to seek a credit to be used on other Pitkin County projects.
4. At such time that Hines Highlands Limited Partnership would want to utilize any of the
14.89 FTE credits, approval would need to be received from the appropriate elected body
and the amount utilized to be noted in a recorded doclUllent until such time as all of the
credits are utilized.
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SUBDIVISION IMPROVEMENTS AGREEMENT
FOR MOORE FAMILY POD, A PLANNED COMMUNITY
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement"), made
and entered into this ,-\~day of AU~UST, 1998, by and between
JAMES E. MOORE FAMILY PARTNERSHIP LLL , a Colorado limited
liability limited partnership (hereinafter referred to as
"Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of
Pitkin, Colorado, as the governing body of pitkin County,
Colorado (hereinafter referred to as "BOCC" or "County").
WIT N E SSE T H
A. The Owner has received final approval from the BOCC for
a subdivision known as Moore Family PUD, a Planned Community of
seventy-one (71) residential lots consisting of forty (40) "Free
Market Residential.Lots" and thirty-one (31) "Affordable Housing
units" (hereinafter collectively "Project" or "Subdivision") on
that certain real property (the "Property") located in pitkin
County, Colorado, more particularly described on the Final Plat
of Moore Family PUD (herein "Final Plat") . which Final Plat is
filed of record in Plat Book at Page in the real property
records of Pitkin County, Colorado. ---
B. The County has fully considered and approved the
Detailed Submission, as evidenced by pitkin County Resolution No.
97-75, "Granting Detailed Submission, Planned unit Development,
Subdivision, Special Review, Ridgeline Review, Growth Management
Quota System Exemptions, and 1041 Environmental Hazard Review
Approvals for the James E. Moore Family Partnership Project
Located Adjacent to the Aspen Public School Campus", recorded on
May 8, 1997, at Reception No. 404234; pitkin County Ordinance
No. 97-13, Ordinance of the Board of County Commissioners of
pitkin County, Colorado, Granting Approval of Rezoning from AFR-2
and AFR-10 to AFR-1 for Portions of the Moore Property Located
Adjacent to the Aspen Public School Campus and Amending the
Official County Zoning Maps Accordingly, recorded on June 10,
1997, at Reception No. 405216; pitkin County Resolution No. 98-
25, Resolution of the Board of County Commissioners of pitkin
County, Colorado, granting the Moore Family Partnership
Subdivision and Growth Management Quota System Exemptions for
Essential Community Facilities for a 35 Acre Parcel Adjacent to
the Moore Family PUD Subdivision, recorded on February 24, 1997,
at Reception No. 413838; and Pitkin County Resolution No. 98-57,
Resolution of the Board of County Commissioners of Pitkin County,
Colorado, Granting Final Plat Approval for the James E. Moore
Family Partnership SUbdivision, recorded on April 7, 1998, at
Reception No. 415352, all in the records of pitkin County,
Colorado (hereafter collectively, the "Development Approvals").
c. This Agreement evidences the Owner's agreement to the
conditions contained in the Development Approvals as required by
the subdivision regulations contained in the Pitkin County Land
Use Code.
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D. In granting said approval, the County has: (i) fully
considered the proposed development as described in the
Development Approvals and the anticipated benefits and burdens to
neighboring properties; (ii) fully considered the requirements of
the Pitkin County Land Use Code (the "Code") now in effect, and
such other laws, rules, and regulations as may be applicable;
and, (iii) imposed conditions and requirements as more fully set
forth in the Development Approvals, which conditions and
requirements the County deems necessary to protect, promote, and
enhance the public health, safety, and welfare.
E. Under the authority of Section 6-4.5 of the Code, the
County is entitled to assurances that the matters hereinafter
agreed to will be faithfully performed by the Owner, its
successors and assigns. The Owner is willing to enter into this
Agreement, and provide such assurances to the County.
F. The Project Public Improvements set forth on Exhibit
"A" attached hereto and made a part hereof includes the cost and
description of the various public improvements regarding water,
sewer, private utility plan, Ski Club lift, roadways, trails,
single-family affordable housing, landscaping, and administration
( "proj ect Publ ic Improvements") .
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, it is
agreed by and between the Owner and the BOCC as follows:
1. Water System. Owner agrees to install, or guarantees
installation of a central water system connected to the City of
Aspen water system to provide water service to the lot line of
each lot in the Subdivision. Lines shall conform to the
requirements and specifications provided to Owner by the City of
Aspen and to all requirements set forth in the Detailed
Submission Approval.
2. Roads. School Circulation. and Parkinq Lots. The Owner
agrees to install or guarantees installation of the private or
public roads, and certain school circulation system parking areas
in accordance with plans submitted and approved by the County in
the Moore PUD Detailed Submission. Roads shall be constructed in
conformance with all requirements set forth in the Detailed
Submission Approval. The cost of paving is included in Exhibit
IIAn.
Certain off-site parking lot(s) shall be paved in
conjunction with the first phase of construction in accordance
with Exhibit "B" attached hereto and made a part hereof, which is
a memorandum, dated February 11, 1997, from Dave Prey, Secor
International, Inc. to pitkin County Environmental Health
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Department. The location and number of the off-site parking lots
to be paved shall be reviewed and approved by the Environmental
Health Department of Pitkin County, prior to paving. upon the
paving of the off-site parking lots, the Owner shall satisfy the
air quality mitigation requirements set forth in Exhibit "B".
3. Electric Service. Owner agrees to install or
guarantees installation of electric power lines to provide
electric service to the lot line of each lot within the
Subdivision. Power lines, transformers, and installation of the
same shall conform to the requirements and specifications
provided to Owner by Holy Cross Electric Association and to all
requirements set forth in the Detailed Submission Approval.
4. Telephone Service. Owner agrees to install or
guarantees instal~ation of distribution cable and feeder
facilities, including pedestals, to provide telephone service to
the lot line of each lot within the Subdivision. Telephone line
pedestals, and the installation of the same, shall conform to the
requirements and specifications of U.S. West Communications and
to all requirements set forth in the Detailed Submission
Approval.
5. Natural Gas Service. Owner agrees to install or
guarantees installation of natural gas lines to provide gas
service to the lot line of each lot in the Subdivision. Natural
gas lines shall conform to the requirements and specifications
provided to Owner by KN Energy and to all requirements set forth
in the Detailed Submission Approval.
6. Waste Water Disposal. Owner agrees to install or
guarantees installation of waste water collection systems and
lines to provide sewage disposal service to the lot line of each
lot within the Subdivision. Waste water collection systems and
lines shall conform to the requirements and specifications
provided to Owner by the Aspen Consolidated Sanitation District
and to all requirements set forth in the Detailed Submission
Approval.
7. Underqroundinq of Utilities. Owner shall underground
all new utilities in the Project with the exception of required
surface mounted transformers, telephone and cable television
pedestals, natural gas, pump and pressure reducing stations, fire
hydrants, meters, and similar appurtenances requiring above-grade
installation. Irrigation, snowrnaking, and domestic water pump
stations will be either sheltered or placed underground.
8. Bus Stop Shelters. Owner agrees to install or
guarantees installation of two (2) bus stop shelters as set forth
in the General Submission approval (attached to the Resolution)
in the location(s) approved by the County and RFTA. The Owner
shall design such shelters acceptable to RFTA.
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9. public Trails. Owner agrees to construct or guarantees
the construction of the public trails as included in Exhibit "A"
("Project Public Improvements") attached hereto and made a part
hereof, in conformance with Detailed Submission Approvals. The
Nordic trails will be surveyed after construction, and dedicated
to the County within six (6) months after the first winter of
trail operation.
10. Construction Phasinq Schedule. The Project Public
Improvements for which the Owner is obligated as identified in
this Agreement shall be substantially constructed or installed in
accordance with the phasing plan set forth in Exhibit "C"
attached hereto and made a part hereof (hereinafter "Phasing
Schedule"). The allocation of affordable housing is attached as
Exhibit "D" attached hereto and made. a part hereof. Phase One
shall be completed within two (2) years of commencement of work
under the earthmoving permit; Phase Two shall be completed within
three (3) years of commencement of work under the earthmoving
permit; Phase Three shall be completed within two (2) years of
commencement of work under the earthmoving permit; and, Phase
Four shall be completed within two (2) years of commencement of
work under the earthmoving permit. Variations in the phasing
schedule shall be permissible in order to provide on-site
flexibility in completion of the Project Public Improvements.
11. Construction Manaqement Plan. The construction
management plan will be as set forth in Exhibit "E" attached
hereto and made a part hereof (hereinafter "Construction
Management Plan"), and provides for the management of
construction traffic and fugitive dust control plan which
addresses any increase in PM-IO emissions associated with
construction activities, the staging of construction equipment
and materials, and public notification plans for road closures or
any other public inconveniences during construction. The
Construction Erosion Control Plan is attached hereto as Exhibit
"F" and made a part hereof. The temporary construction and
materials staging areas and employee parking is shown on Exhibit
"G" attached hereto and made a part hereof.
12. Dial-A-Ride. Owner agrees to implement an
"On Demand Dial-a-Ride Transit Service Plan" as set forth in the
detailed plan attached hereto as Exhibit "H" and made a part
hereof (hereafter "On Demand Dial-a-Ride Transit Service Plan")
13. Landscapinq. Owner agrees to install or guarantees
installation of landscaping as depicted in the Moore PUD Detailed
Submission, and specified in the Project Public Improvements, as
shown on Exhibit "I" attached hereto and made a part hereof
(Landscape Cost Estimate) .
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14. As-Built Survey. The location of various elements of
the Project as shown on the PUD Plan, Final Plat or civil
drawings submitted therewith, including but not limited to,
utilities, roads and trails, represents the best planning of
Owner as to where such improvements can and will be built.
Actual conditions relative to construction may require minor
deviations or variations as to the location of such improvements.
At such time as construction of any or all of the Project
elements is complete, Owner may cause the precise location of
such improvements to be surveyed. Based on such survey, the
County Planning Director may at the request of Owner approve
insubstantial amendments to the PUD Plan, Final Plat or the civil
drawings to correct deviations in the as-built surveyed location
of any such improvements.
15. Financial Assurances. The Owner shall be responsible
for the construction of the improvements as set forth in the
Project Public Improvements and full compliance of the conditions
and covenants of this Agreement and all County approvals, .
including site restoration in the event the work undertaken
pursuant to the earthmoving permit is not substantially
completed. The Project Public Improvements shall include trails,
all public and private roads, water, sewer, civil infrastructure,
and private utilities for the entire Project, and those items set
forth on Exhibit "An attached hereto and made a part hereof.
(a) No Security for any Project Public Improvements,
or the Maroon Creek Road Bond described in Paragraph 16 below,
shall be required from Owner until issuance of the first
building, excavation, demolition or grading permits for any of
the Project. Prior to the issuance of the first excavation,
demolition or grading permits for any of the Project, Owner
shall, as to the Project Public Improvements, provide security
adequate to assure the substantial completion thereof generally
in accordance with the Phasing Schedule. For example, if the
cost of completion for the first phase is $500,000.00, then the
Security may be obtained in such amount, and so forth, for each
phase.
(b) When the improvements required by this Agreement
are substantially completed, the County Engineer or County
Director of Public Works shall inspect the work within forty-five
(45) days of written request made to the Public Works Department
and the Pitkin County Attorney's Office, and on reasonable
acceptance of the improvements by the County Engineer or County
Director of Public Works, the pitkin County Attorney shall
authorize the immediate release of the security. By
"substantially completed" the parties mean construction that is
essentially complete other than "punch list" type work for which
the County may require continuing security in an amount
sufficient to complete the punch list.
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(c) The Owner shall be responsible for having all
relevant utility companies review and approve plans,
specifications, and contract documents before construction and
shall be responsible for having the utilities inspect and certify
acceptance of all utility installations. The Owner shall present
these letters of acceptance and certification to the County
Engineer at the time of request of release of security. No
release of security for utility work will be made without the
required approvals and certifications.
(d) Partial Releases of the security may be requested
by Owner utilizing the same procedure set forth above and subject
to establishing satisfactory partial completion of the
improvements, such partial releases shall be granted.
(e) Failure to respond within sixty (60) days of any
request for partial or final release shall constitute acceptance
of the improvements by the Pitkin County Engineer or pitkin
County Director of Public Works and release or partial release of
the security shall be granted.
(f) Owner may cause a special district to be formed
for purposes of financing and maintenance of all or part of the
construction of the Project Public Improvements. If such
district is formed, then at the time the district obtains funding
from the sale of bonds or other sources sufficient for the
construction of the Project Public Improvements, Owner shall be
entitled to a release from the County of an equivalent amount of
Security, provided the County Attorney is satisfied with the
County's ability to have the Project Public Improvements
completed in the event of Owner's default. If the County
Attorney is not satisfied as required herein, the original
security posted by the Owner for the completion of the work will
not be released until there is compliance with Paragraph.30 of
this Agreement. The County agrees that it will not oppose the
formation of a special improvement district for the purposes set
forth herein.
16. Maroon Creek Road/Hiqhwav 82 Intersection. When the
County is prepared to begin construction of all or a portion of
the Castle/Maroon/state Highway 82 improvements, Owner will pay
to the County that portion or all of the $350,000.00 as needed
for said improvements. At the discretion of the County, the
$350,000.00 may be used for other transportation improvements in
the Castle/Maroon corridors, including but not limited to
bridges, roads, and trails. A bond or other acceptable financial
assurances will be posted for the full $350,000.00 as set forth
in Paragraph 15(a) above.
17. Improvement Maintenance Aqreement. In accordance with
Section 6-4.5(b) of the Code, Owner shall, prior to the
conveyance, sale or transfer of any single family lots within the
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Project (excepting transfers by Owner or its assigns of
undeveloped lots or the granting of liens to lenders), provide
for maintenance by Moore Family PUD Master Association, Inc. or
other special district in perpetuity of all Project common
improvements not accepted for dedication by the County or the
utility providers.
18. Certificates of Occupancy. Except as otherwise
provided herein, no Certificates of occupancy shall be issued by
the County for any Free Market Residential Lots until Owner shall
have obtained Certificates of Occupancy for the first phase of
construction of the Affordable Housing units, or any comparable
portion thereof, as described in the Phasing Schedule. Once the
Owner has obtained Certificates of Occupancy for the first phase
of Affordable Housing Units, or any comparable portion thereof,
as described in the Phasing Schedule, Owner, or its grantees,
shall be entitled to Certificates of Occupancy for twelve (12)
Free Market Residential Lots selected by the Owner, or if less
than all the Affordable Housing units thereof are complete, the
equally comparable portion thereof in the same or similar ratio
of completed Affordable Housing Units to released Free Market
Residential Lots; provided, however, that each phase of
Affordable Housing shall be completed, and Certificates of
Occupancy issued prior to commencement of the next phase of Free
Market development. Thereafter, Owner or its grantees shall be
entitled to Certificates of Occupancy for fifteen (15) Free
Market Residential Lots selected by the Owner, or a comparable
portion thereof, in the same or similar ratio of completed
Affordable Housing units to released Free Market Residential
Lots, upon the issuance of Certificates of Occupancy for the two
(2) groups of Affordable Housing Units, or any portion thereof,
included in the second phase of construction as described in the
Phasing Schedule. Finally, Owner or its grantees shall be
entitled to Certificates of Occupancy for the balance of thirteen
(13) Free Market Residential Lots, or a comparable portion
thereof, in the same or similar ratio of completed Affordable
Housing units to released Free Market Residential Lots, upon the
issuance of Certificates of Occupancy for the final group of
Affordable Housing Units, or any portion thereof, included in the
third phase of construction as described in the Phasing Schedule.
Owner, at its discretion, may also be entitled to
Certificates of Occupancy for all of the Free Market Residential
Lots in a particular phase even though Certificates of Occupancy
have not been obtained for all or part of the Affordable Housing
units for that phase, provided Owner has submitted Security to
the County in the form of a completion bond to assure completion
of that phase of construction of the Affordable Housing units as
described in the Phasing Schedule. No Certificate of Occupancy
for Free Market Residential Lots in the next phase shall be
issued until the Affordable Housing Units in the previous phase
have been issued Certificates of Occupancy. In determining the
amount of additional Security to be provided hereunder, Owner
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shall not be required to provide Security for the infrastructure
of the Affordable Housing units, as Security has already been
provided for the infrastructure as part of the Project Public
Improvements.
Nothing in this Paragraph shall prevent Owner from obtaining
earthmoving and/or excavation permits, or demolition, grading, or
building permits for the Project.
19. Execution of Final Plat. The Owner's obligations to
construct the improvements hereunder are expressly contingent on
the Owners' recordation of the Final Plat in the real property
records of pitkin County, Colorado, and on the BOCC's approval of
the Final Plat.
20. Vested Riahts. The BOCC has considered the needs of
both the County and Owner, and has determined pursuant to C.R.S.
~24-68-101 et.sea. that the Phasing Schedule shall, for the time
periods set forth therein, or any amendments thereto approved by
the County or Planning Director, constitute an extension of the
vested property rights appurtenant to the Property. Upon
completion of the school circulation improvements, the
Development Approvals shall be deemed vested in perpetuity.
21. Covenants Runnina with Land. All covenants,
restrictions, conditions and obligations contained herein or on
the Final Plat are and shall be covenants running with the land
and shall attach and bind and inure to the benefit of the Owner
and the BOCC, and their respective grantees, successors and
assigns.
22. Bulk Sale. As used herein, a bulk sale is defined to
mean the sale of more than fifty percent (50%) of the Project.
In the event Owner does not develop the Subdivision or market the
individual lots, Owner may sell all or a portion of the lots in
bulk in the Subdivision to a third party who shall develop the
Subdivision, or portions thereof, including the construction of
the improvements contemplated hereunder, in accordance with and
subject to the provisions of this Agreement. Upon such a bulk
sale to a third party, Owner shall be automatically released of
all liability and obligations under the terms of this Agreement,
provided such subsequent owner will be bound by the provisions of
this Agreement. Upon a bulk sale to a third party, the third
party shall assume all obligations of the PUD and Development
Guide.
23. Assianrnent of Interest and Obliaations. Owner may
assign its interest in the Property to a third party, who shall
develop the property or portions thereof, including the
construction of the Project Public Improvements contemplated
hereunder, in accordance with and subject to the provisions of
this Agreement. Owner may also assign certain of its obligations
-8-
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hereunder to anyone or more special districts or homeowners
associations to be formed for purposes of performing such
obligations. If there are two or more parties responsible for
the completion of the Project Public Improvements, the County
shall be responsible for delays in schedule, construction
phasing, or delays in the release of security due to the
incomplete work of other parties.
24. Remedies of County. In the event Owner shall fail to
construct any Project Public Improvements for which it is
responsible under this Agreement in accordance with plans and/or
specifications appearing in the drawings approved by the County,
and within the schedule set for the completion of said Project
Public Improvements the County shall provide Owner with a notice
of non-compliance ("Notice of Non-Compliance") together with the
right for a period of ninety (90) days after the receipt by Owner
of such notice for Owner to cure such non-compliance or schedule
a hearing with the BOCC. Provided, however, the Owner may modify
the schedule for construction of any Project Public Improvements
at any time by providing written notice to the County. The
Notice of Non-Compliance shall include a list of specific
deficiencies to be corrected in order to cure the non-compliance.
If Owner, by written notice to the County given prior to the
expiration of the time to cure set forth in the Notice of Non-
Compliance, disputes whether or not a default exists, then as
soon as practical within said ninety (90) day period, the BOCC
shall conduct a hearing (the "Non-Compliance Hearing") to
determine whether or not a default exists. As such hearing,
Owner may present any evidence relevant to the alleged default.
Should the BOCC determine at the hearing that a default exists,
then Owner shall have ninety (90) days from the date of the
hearing within which to correct the deficiencies, weather
permitting. If at the expiration of said ninety (90) day time
period, Owner is proceeding with due diligence and the
expenditure of reasonable sums to correct the deficiencies,
weather permitting, then said time period shall be extended for
so long as Owner shall continue to proceed with due diligence to
correct such deficiencies.
(a) If Owner shall fail or refuse to cure the
deficiencies identified in the Notice of Non-Compliance within
the time provided or in the event a Non-Compliance Hearing shall
occur where the BOCC determines a default exists and ninety (90)
days from the date of the hearing or any extension thereof shall
pass without the deficiencies being cured, then at any time
thereafter the County shall have the right to draw on said
Security to correct the deficiencies.
(b) Once the financial assurances required by this
Agreement to the extent this Project has vested have been
released, the County specifically waives any right it may have to
-9-
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object to the Project Public Improvements or to require the Owner
to perform additional work.
(c) In the event the County draws on the security to
correct deficiencies, it shall make a good faith effort to
correct the deficiencies and complete the Project in accordance
with approved plans and specifications; provided, however, the
County will not be liable to the Declarant, its successors and
assigns, including individual lot owners, for the County's
failure to correct the deficiencies or properly complete the
Project. The County shall be obligated to make a good faith
effort to complete the project, provided that the County may
decide to only secure public health, safety, and welfare. In
such event, the County may only draw on the bond in an amount
necessary to complete said work in as economical and efficient a
manner as possible.
(d) Nothing contained in this Agreement shall limit
other remedies available to Pitkin County under Colorado law.
25. Entire Aqreement.
full and complete agreement
not be modified except by a
all parties.
This Agreement constitutes the
of the Owner and the BOCC, and may
written agreement duly executed by
26. Notices. Notices as desired or required hereunder
shall be in writing and deemed effective from and after the
expiration of three (3) days after it is deposited in the united
States Mail, postage prepaid, certified, return receipt
requested, or by courier (overnight service) to the addresses set
forth herein. Notices may be hand delivered, and shall be deemed
effective on delivery.
If to pitkin Countv:
Board of County Commissioners
c/o pitkin County Manager
pitkin County Courthouse
506 East Main Street
Aspen, Colorado 81611
with a Copv to:
John M. Ely
Pitkin County Attorney
530 East Main Street
Aspen, CO 81611
If to Owner:
JamesE. Moore Family
partnership, LLLP
P.O. Box 126
Woody Creek, CO 81656
with a COpy to:
Gideon Kaufman, Esq.
Kaufman & Peterson
315 E. Hyman. #305
Aspen, CO 81611
The parties to this Agreement shall have the right from time
to time to change their respective addresses, and each shall have
the right to specify as its address any other address within the
United States by at least ten (10) days written notice to the
other party as provided in this paragraph.
-10-
-
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27. captions. Titles or captions of paragraphs contained
in this Agreement are inserted only as a matter of convenience
and for reference, and in no way define, limit, extend, or
describe the scope of this Agreement or the intent of any
portions hereof.
28. Conflict. This Agreement is intended to amplify and
carry out certain of the provisions of the Development Approvals.
In the event of any conflict between the provisions of this
Agreement and the Resolutions, the provisions of this Agreement
shall, to the fullest extent permitted by law, govern and
control.
29. Force Maieure/Delay Days Extension. In the event that
Owner shall be delayed or hindered from performing under this
Agreement (other than payment of any sums due or providing any
security) by .reason of natural disaster, weather or seasonal
conditions, labor troubles, inability to procure materials,
failure of power or other utilities, war, or other reasons beyond
its control, then the period for the performance hereunder shall
be extended for a period equivalent to the period of such delay
or hindrance (the "Delay Days"). within thirty (30) days
following the end of each calendar year, or sooner, Owner shall
notify the County in writing of any Delay Days claimed for the
calendar year or other period.
30. Releases. From time to time, Owner shall have the
right to obtain from the County, in recordable form, partial
releases from its obligations under this Agreement where such
obligations have been fully performed or are no longer
applicable. When all the obligations of Owner hereunder have
been performed or are no longer applicable, the parties shall, at
the request of Owner and in recordable form, enter into a full
release (and termination) of this entire Agreement.
31. Further Assurances. Each of the parties agree to
execute, acknowledge, and deliver such further instruments,
documents, or certificates, and to do all things and acts as the
other party may reasonably require in order to carry out the
intentions of this Agreement and the transactions contemplated
hereby.
32. Construction. No provision of this Agreement shall be
construed against or interpreted to the disadvantage of any party
by reason of such party having or being deemed to have requested,
drafted, required, or structured such provision.
33. Prevailinq Party. In the event of any action for
breach of, to enforce the provisions of, or otherwise involving
this Agreement, the court in such action shall award a reasonable
sum as attorneys' fees to the. party who, in light of the is.sues
-11-
, ,
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litigated and the court's decision on those issues, was the
prevailing party in the action.
34. Clerical Errors. In the event any clerical,
administrative or other errors are found in this Agreement or any
legal descriptions or other exhibits hereto, or in the event any
exhibit shall be missing, the parties agree to promptly execute,
acknowledge, initial and/or deliver, as necessary, any
documentation in order to correct the erroneous document,
description, exhibit, or to provide any missing exhibit.
35. Estoppel Certificate. From time to time, Owner shall
have the right to obtain from the County, an estoppel certificate
whereby the County (by the County Attorney) shall certify to
Owner or another party designated by Owner such as a construction
lender, that at the time of the issuance of such certificate, and
except as otherwise noted thereon: (i) no Notice of Non-
Compliance has been given to the County; (ii) this Agreement is
in full force and effect; and, (iii) the County has no knowledge
of any default under this Agreement on the part of Owner, nor
does the County have knowledge of the existence of any
circumstances which with the passage of time would give rise to
such default. In addition, the certificate shall provide such
other information as Owner, or any other party requesting the
same, shall reasonably require relative to this Agreement. The
issuance of such certificate shall not be unreasonably withheld
or delayed by the County.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first written above.
JAMES E. MOORE FAMILY
PARTNERSHIP, LLLP, a Colorado
limited liability limited
partnership
By ,~"-"> J>. ~~
Thomas A. Moore,
General Partner
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Ja ,r;;;'
By /LH-;6~/ ~{<v
Dorothea Farris, Chairperson
ctz
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J../.N~et!- K'. J>eMJ
APPROVED AS TO FORM:
By
John M.
~:-
Attorney
(NOTARY ACKNOWLEDGMENTS FOLLOW ON NEXT PAGE)
-12 -
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-
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoi~ instrument was acknowledged before me this ~~
day of ~~U~T, 1998, by Thomas A. Moore as General partner-oI
JAMES E. MO E FAMILY PARTNERSHIP, LLLP, a Colorado limited
liability limited partnership.
STATE OF COLORADO
Th
day of
BOARD 0
)
) ss.
)
instrument was acknowledged before me thiS~
1998, by Dorothea Farris as Chairperson of the
COMMISSIONERS OF PITKIN COUNTY, COLORADO.
COUNTY OF PITKIN
Witness my hand and offi
My commission expires:
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-13-
Exhibit "All
Exhibit liB"
Exhibit "cn
Exhibit "D"
Exhibit liE"
Exhibit "FlI
Exhibit ItG"
Exhibit ItHII
Exhibit "I"
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LIST OF EXHIBITS
Project Public Improvements
Memo, dated 2/11/97, from Secor International
Moore Family PUD Revised Detailed Submission
Phasing Plan, dated 9/3/97
Moore Family PUD Affordable Housing Phasing
Allocation Schedule
Moore Family PUD Construction Management Plan
Construction Erosion Control Plan
Temporary Construction and Materials staging Area
and Employee Parking
On Demand Dial-a-Ride Transit Service plan
Landscape Cost Estimate
C:\clients\Moore\subdivision imp agr-clean
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EXHIBIT
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B
SECOR
internatIonal 117corpornred
MEMORANDUM
TO:
Nancy MacKenzie, Lee Cassin
Pitkin County Environmental Health Department
FROM:
Dave Prey
RE:
Moore Family PUD
Air Quality Analysis. Simplified Format
DATE:
February 11, 1997
This memorandum presents the Moore Family PUD air quality impacts using the format as
requested by Nancy MacKenzie and Lee Cassin of the Aspen/Pitkin County Environmental
Health Department (EHD). In addition to the revised format, this report contains the
following revisions to the previous air quality analysis memo to Nancy MacKenzie and Rick
Magill, dated December 9, 1996:
o Inclusion of affordable housing units
o Inclusion of VMT and PMIO from 14 additional parking spaces at the school
o Revised mitigation to include the paving of two parking lots
PMIO Analysis
As requested by the EHD, a straightforward analysis consisting of total project related VMT
increases, PMI0 increases, mitigation measures, and total PMI0 reductions have been
presented in this memo. Table 1 presents the summary of this analysis.
Table 1
Moore PUD PMIO Analysis Results
VMT Increase 2412 VMT/day
PMIO Increase 51.6 Ib/day
PMI0 Mitigation:
Paving Parking Lots -46.2 Ib/day
School Circulation - 2.8 lb/day
Affordable Housing -4.04 Ib/day
I Net PMI0 I -1.5 Ib/day I
,ifJ{)1 Sfllllh 70U FJJ.\/. SlIIh' J50. ,)i1f, Il.!l!(' nfl'. f:T 81/07.11-;',)' rsnu 1(j(}~710(} (.'-l'OIJ ](,(j."l1 J,)' J-A \
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Page 2
February II, 1997
Memo to Lee Cassin, Nancy MacKenzie
Mitigation Measures
Paving Parkin~ Lots
The Moore PUD agrees to the paving of private and public parking lots so that a -22.3
lb/day of PM1D emission reduction can be demonstrated. Currently the Moore PUD plans'
to pave the Iselin Park parking lot with an estimated PMI0 emissions reduction totaling -
31.3 lb/day. As agreed upon with Lee Cassin, EHD, the following fonnula will be used to
estimate PMlO emission reductions from the paving of large unpaved parking lots (greater
than 25 cars per day use):
PMIO Reduction = (Counts) x (0.0016) x (13/5.5) x (# Entrances) Ib/day PMI0
where:
Counts = Average Daily traffic volume of road which parking lots
exit onto
# Entrances = Number of entrance/exits into parking lot
Affordable Housin!!
A credit for the reduced trip distance of local employees was given to the affordable housing
units at the Moore PUD. As agreed upon with Lee Cassin, EHD, the amount of trips that
would be affected at the affordable housing equals 1/2 of all trips generated at the Moore
PUD affordable housing.
VMT Trio Distance Used
In the calculation of daily VMT increases due to the Moore PUD, the round trip distance
of 10 miles, as requested by Lee Cassin, was used. All trips and trip generation rates used
in this analysis are in terms of trip ends (i.e., one-way trips), so all VMT increases are
calculated using the number of trips x 5 miles.
"_ u-t :1.)
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Attachment 1: Moore PUD PM10 Analysis
11-Feb-97
VMT Increase
(1) Private Homes:
Trips from privatehomes=
Length of trip =
VMT Increase
(2) Employee Housing:
Trips from employee housing=
Length of trip;
VMT Increase
(3) Additional parking spaces at school:
Trips from parking spaces=
Length of trip =
VMT Increase
(4) New ballfield:
Trips from ballfield=
Length of trip =
VMT Increase
.,>L(,IJt<.: ~u.
l4J (J(J..J/O(J'j
,,.,.......
....,,"....
262 trip ends
x
5 miles/trip Ref: Lee Cassin
=
1310.0 VMT
190 trip ends
x
5 milesltrip Ref: Lee Cassin
=
947.8 VMT
x
30.8 trip ends 14 spaces
1.1 turnover ratt
5 milesltrip Ref: Lee Cassin
=
154.0 VMT
o trips
wintertime
x
5 milesltrip
=
o VMT
~------------------_..._.....---------------------~---~----------------------
Total VMT Increase=(1)+{2)+{3)+{4)=
PMIO Increase
VMT Increase
PM10NMT=
Daily PM10 Increase
02/11/97
2411.75 VMT
2411.75 VMT
x
0.0214 LbNMT
MCR, clean sand
=
51.6 Iblday
1
IJ_ "... ;>...
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Attachment 1: Moore PUD PM10 Analysis
11-Feb-97
;\Iitigation Measures
(1) PM10 reduction due to paving unpaved lots:
(2) Trip reduction from dial.a-ride:
(3) VMT reduction from better school circulation:
Trips to school affected
Reduced distance
VMT decrease
PM10NMT=
Daily PM10 Decrease
(4) Reduced Trip Length for Affordable Housing:
Affordable Housing Trips
Downvaliey Location:
Distance to MCR light
Percent of trips in this direction
Affected VMT
Emission rate for SH 82
A, Daiiy PM10
Moore PUD Location:
Distance to MCR light
Percent of trips in this direction
Affected VMT
Emission rate for SH 82
S, Daily PM10
Net Affect of Moving to Moore Location
Daily PM1 0 Decrease (B-A)
02/11/97
~-~
'""'"
-46.2 Ib/day
o
221 trips
x
-0.6 miles/trip
=
-132.7 VMT
x
0.0214 IbNMT
=
'2.8 Ib/day
190 trips
3.87 miles
50%
366.8 VMT
0.01761bNMT
6.5 Lb/day
1.20 miles
50%
113.7 VMT
0.0214 IbNMT
2.4 Lb/day
-4.04 Lb/day
'i0 lJU.j llU I
Already in trip factors
MCR, clean sand
2
II.'" l.:~.~ D"J ':'UU 11l()
Attachment 1: Moore PUD PM10 Analysis
11-Feb-97
Total PMIO
02/11/97
Daily PM10 increase=
Daily PM10 decrease=
Total PM10=
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Moore Family Planned Unit Development
Affordable Housing Allocations Schedule
Oi$cretionary Allocations (13 ea)
CatTo~.
Moore PUD Mgr
1 Ca13, 3 bdrm
Moore Family Member
1 Cat 3, 3 bdrm
Aspen School District
1 RO, 4 bdrm
1 RO, 3 bdrm
2 Cat 4, 3 bdrm
4 Cat 3. 3 bdrm
Aspen Valley HOSpital
2 Cat 3, 3 bdrm
1 Cat 4, 3 bdrm
DIscretionary Totals:
Non-Discretionary Allocations (1~ ea)
9 Cat 3, 3 bdrm
1 Cat 3, 4 bdrm
6 Ca14. 3 bdrm
2 cal4. 4 bdrm
Non-Discretionary Totals:
Total AH Unit Allocation:
.'-'"
--
Affordable Housing Blocks"
C D A F Totals
1 1
1 1
1 1
1 1
2 2
3 1 . 4
1 1 2
1 1
5 1 2 5 13
3 1 5 9
1 1
2 4 8
2 2
3 6 5 4 18
8 7 7 9 31
Totals by Size: 4 Bedroom (bdrm): 4
3 Bedroom (bdrm): 27
. Refer to exhibit C, I\IIOOl'8 Family PUD Phasing Plan
-
~
-
MOORE FAMILY PUD-,
CONSTRUCTION MANAGEMENT PLAN
Overview
In preparing the procedures and measures to be incorporated in
the construction process for the Moore Family Planned unit
Development (PUD) , it is important to understand both the goals
of such programs and the practical realities of the construction
process. Our intent is to minimize impacts associated with the
construction of the Moore Family PUD improvements while allowing
work to proceed in such a manner as to avoid prolonging the
construction period.
Travel Demand Measures (TDM) are most often thought of when
discussing the progress of an existing development or how to deal
with potential impacts from a future development. The concept of
utilizing TDM as a part of the construction and development
process is a unique idea. Typically, TDM will principally deal
with mass transit incentives and auto disincentive. However,
other ideas have been investigated relative to TDM and the
construction process. Outlined below are several measures the
project proposes to implement as a part of the construction
process.
"-
Travel Demand and Traffic Control measures
During the construction of the Moore Family PUD the following TDM
and Traffic control program will be in effect:
o Delivery of construction raw materials will be prohibited
during the peak traffic periods. This will limit such
delivery access to Moore Family PUD from 8:00 a.m. to 8:30
'a.m. and from 2:50 p.m. to 3:30 p.m. The exception to this
will be scheduled concrete pours that are time-sensitive due
to the quantity of concrete being placed or poured at one
time. Delivery times may be altered at the discretion of
the County Engineer.
o speed limits for tandem axle and larger vehicles will be
posted at 20 mph at all times. Signs on county roads shall
be provided by the developer and installed by the County.
o Sub-contractors will be issued a limited number of parking
permits for their workers.
o General contractors will be required to provide a parking
plan with their individual construction contracts.
o Contractors will be required to provide van-pooling or car-
pooling programs as a part of their construction contract.
Reduction in payment provisions shall be incorporated into
the contracts as a means of ensuring compliance.
"'''''~
~.
hours in advance of the scheduled occurrence, and obtain
written permission of the County to do so.
o There will be no construction or materials staging, or
short- or long-term parking on any public land in the
immediate vicinity of the development, including, but not
limited to, the Aspen School District campus, Iselin Park
and the LDS Church, without the written consent of the land
owners.
o All contractors will be required to notify public and/or
private utility companies at least forty-eight (48) hours
prior to commencement of any work in the vicinity of the
utilities. No work will commence until the utility company
has located the utilities or written consent to proceed has
been issued. If utility service must be interrupted,
contractors will be required to notify the appropriate
County authorities and the affected utility users at least
twenty-four 924) hours prior to interruption.
o Notice will consist of the contractor's posting of prominent
and easily read signs, distribution of handbill notices,
publication in a local newspaper or a public announcement on
local radio, or any combination of these as may be
appropriate.
o Neither the Owner or his contractors shall stop or flag
traffic on any public road without having a traffic control
plan approved and in place. Any flagging or traffic control
shall be done by State certified flaggers. No signing shall
be placed within the public road right-of-way without the
prior approval of the County.
Noise Control for construction Equipment
o The contractor will be required to comply with all
applicable noise control regulations, including the pitkin
County Noise Abatement Ordinance.
o All construction equipment operations shall be scheduled to
operate only during daylight hours, i.e., 7:00 a.m. to 7:00
p.m., Monday through Saturday.
Construction Materials staqinq and Parkinq
o There is to be no construction or materials staging, or
short or long term parking on any public land in the
immediate vicinity of the development, including, but not
limited to, the Aspen School District campus, Iselin Park
and the LDS Church, without the written consent of the land
owners.
"".".,
."".,,"
o To the greatest extent possible raw materials will be
st.ockpiled on site to try to consolidate deliveries of
materials in larger quantities (for example gravel) .
o A site traffic/delivery coordinator shall be designated and
responsible for monitoring delivery and contractor
compliance with the TOM program.
o The covenants and design guidelines for the individual
neighborhoods will have provisions regarding contractor
parking on the streets.
o Prior to each construction season there will be a meeting
with RFTA, the pitkin County Sheriff's Office, the School
Superintendent, the Pitkin County Engineer, and the
Developer to review the construction season work program and
address any concerns raised during the previous construction
season.
In addition to the above measures, Moore Family PUD will plan and
implement the following programs:
Fuqitive Dust Control Plan
o Dust control will be implemented from start to finish of
each construction season until the project is complete.
o Contractors will be required to assume all responsibility
for dust control and shall carry out proper and efficient
measures wherever and whenever dust control is necessary,
thereby minimizing dust damage and nuisance to persons and
property.
o Contractors will also be required to control dust at the
work site by the use of an adequate number of water trucks
or an effective palliative using such dust-laying equipment
and methods as may be required.
o To the greatest extent possible raw material deliverers to
and from the site will be water sprayed or covered with
tarpaulins as necessary to additionally minimize dust and
dirt from construction operations. Any mud or debris carry-
out onto the public roads will be cleaned on a regular
basis, during the construction of the public improvements.
o Cleaning shall be done as necessary, at the direction of the
County Engineer.
Public Notification Plan
o If it becomes necessary to re-route traffic on existing
roadways due to construction related activity, the
responsible contractor will be required to notify the
general public of the detour(s) at least twenty-four (24)
o Temporary construction and materials staging and employee
parking shall be located in the area depicted on Exhibit
G .
Erosion Drainaqe Control Plan
o During construction the owner/developer shall follow the
Erosion, Drainage Control Plan in Exhibit ~.
Moore.CMP
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On Demand Dial-A-Ride Transit Service Plan
The Moore PUD and Aspen Highlands village will join together to
operate a dial-a-ride service to reduce the need for residents and
guests to utilize automobiles. The operation will offer a door-to-
door delivery system and will service trips to areas near Aspen.
Transportation service will be provided to the City of Aspen core
area and to the airport. The following sections propose a
preliminary operations and service plan, and describes the vehicles
to be used. Some operations details will be finalized when the
service has been established.
operations Plan
The system will be operated in a flexible manner to maximize
convenience for riders. Service levels will be tailored to demand
to provide convenient service. This section describes the initial
service plan which may be modified in the future to meet actual
demands of residents and guests as the properties are built out.
Service will be initiated after all the certificates of occupancy
have been issued for the affordable housing units in Phase 3 of the
Moore PUD. This will coincide with the initiation of dial-a-ride
for Aspen Highlands village. The fleet of vehicles and service may
be expanded as the developments grow. Service will be provided to
the two areas illustrated by Figure 1.
I:
Vans will operated on a fixed schedule with pick-ups in the center
of Aspen every one-half hour during the winter and summer high
seasons. On the other end of the route at AHV and the Moore PUD
the vans will drop off and pick up passengers at their origin or
destination. During the off-peak seasons services will be reduced
to match demand.
During. the peak season(s), Route # 1 will serve the Aspen Core.
Dial-a-ride vans will provide service on a fixed one-half hour
schedule generally following the route depicted on Figure 2. Three
check points will be established in Aspen, potentially at Mill
Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park.
The vans will pass these checkpoints on each circuit route so
patrons are not required to call for service. Two vans will
provide one-half hour headways at the checkpoints.
The second destination, Route # 2 is the Aspen-pitkin County
Airport. This will be on demand service, similar to services
provided by other resorts in the Aspen area. At the time guests
make reservations to stay at AHV, they will be advised that car
rental is not necessary because of the alternative transit services
available. Departures to the airport will be scheduled ahead of
time.
service Plan
, .,
....<,,,
~,..~
service Plan
Prior to initiation of service, AHV shall present a detailed
service plan to the RFTA for review. The plan shall include:
1. Estimate of demand;
2. Description of specific services including the number of
vehicles, spares, hours of operations and headways;
3. An organizational chart indicating manager and personnel
to provide services; and
4. Service marketing plan.
AHV intends to offer dial-a-ride service seven days a week during
the winter and summer peak seasons. The Aspen core route'will be
offered from 7 AM to midnight. Rider surveys will be utilized to
determine night service should run later in the evening.
Service to the airport will be provided when the
operating. The service will be available to all
residents in AHV and the Moore PUD.
airport is
guests and
AHV shall submit an annual report to RFTA at the end of the winter
season. The report shall include:
1. Statistics regarding ridership for the previous year;
2. .Instances involving standees and missed trips, or trips
requested but not provided; and
3, statistics regarding accidents and roadside calls.
Based upon the review of the annual report, changes in the levels
service may be made.
Vehicles
.,
The service will operate vans capable of carrying as many as 12
passengers at one time with space for luggage and skis. Passengers
will be able to stand in the vehicles.
Eventually, three or four vans may be utilized when both
developments are fully occupied. Initially, the fleet will consist
of two vans and will be expanded as demand warrants. The vans will
be stored in the AHV parking area and will be maintained by local
mechanics in the Roaring Fork Valley. If necessary, another van(s)
will be rented if a van is out of service for repairs, and high
traffic is anticipated.
At least one of the vans in the fleet will be equipped with a wheel
chair lift for the handicapped.
",~"..-
Cost
The cost for providing this service has been projected based on
vehicle utilization and industry hourly costs to operate vehicles.
During the winter peak season, it is projected that passenger
productivity will vary between eight and 12 passengers per vehicle
per hour. Van costs are assumed to be $ 30. per van hour based on
the service being run. The cost to provide service is estimated to
be $ 295,000 per year.
Moore.dial
The Moore Family PUD i r .',. :
Landsc.ape COst Estimatel::::~...~{,!;.:';;~;;;;;i%~t\;~~;~ i
~~i5 e5timate of orobabte cost of construc.tion reoresents Kiernan De:.ian Studio's best orof'e5sional
1/28/"1>
Paqe One
'J_QCjement. It does not, however, c.onstitute a warantee or representation that actual bids will not varu From
; this estimate, no matter hoUJ c.arefullu oreoared. This estimate does not include rouah aradina,
'sian""e. Fenc.ina, outdoor liahtina, tao Fees, underoass c.onstruc.tion. or landsc.aoina For the 35 acre outoarc.el.
ii11e irriaation estimate will not be accurate until a 5ustem has been desianed and accuratel costed.
. i !
; Item 1 Task 1 plant ! c.omments I Unit
!PHASE 1 I I !
!
I auantitu Unit c.ost
!
Unit Total
Ilrriaation Pumo and
Ioistribution Sustem
Allowanc.e
Lumo sum
$35000.00
$300.00
, SU6TOTA1..
I
I
Glen Eaales Drive
Ghokec.herru
. Ghokec.herru
Servic.eberru
9
1
1
125
I
,
I
, !
I ,
$8550.00
$5400.00
$3500.00
$4900.00
$1500.00
$10000.00
$40315.00
I ponderosa Pine
, ponderosa Pine
- irriaation
Reveaetation
. Orqanic. material
, Fine aradina/soread
. 5UBTOTAL
I
I
401 $30.00 $1200.00
20 $90.00 $1800.00
50 $30.00 $1500.00
8 $450.00 $3600.00
8 $600.00 $4800.00
126 $12.00 $1512.00
110000 0.16 $11600.00
,
I 55000 0.15 $8250.00
I 110000 0.12 $13200.00
$55462.00
I !
!1..ower Meadow Area Roadside Veaetation
Reveaetation Native Grasses
Orqanic. Amendment 3 GY 1100 SF
Fine Gradina 1 Soread Toosoil 1/2 Toosoil on site
(Assumes SO' reveaetation on either side of road.J
SUBTOTAl.
SF 100000 $0.16 $112000.00
SF 550000 $0.15 $52500.00
I
ISF 350000 I $0.12 $42000.00
, I $206500.00.
I I
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,..,....
,~,~
The Moore Family PUP
1/26/91 '
Landsc.aoe COst Estimate i i paae TLliO
, IUnit Quantitu Unit cost Unit Total
'm / Task / Plant I COmments
[~ot 11 I
[ Aspen i COliec.ted ! 1" c.al. 16 $15.00 $1200.00
, Reveaetation Native orasses SF 6160 $0.16 $1061.60
! Oraanic. Amendment 3 c.y / 1000 SF SF , 4000 $0.15 $000.00
,
I Spread Toosoil ,1/2 topsoil on site SF I 4000, $0.06 $240.00
I Fine orad ina SF 60001 $0.06 $400 .00
Seeded Bluearass ,
SF 12401 $0.16 $1"i6.4O
. Irriaation Allowanc.e Does not inc.lude tao $3000.00
I SU6TOTAL $6600.00
i i
ILot 16 I
! Asoen COllec.ted 1" c.al. 3 $15.00 $225.00
: Reveaetation Native orasses 'SF 5"i00 $0.16 $"i44.o0
, Oraanic. Amendment ,
3 c.y / 1000 SF SF 3216 $0.15 $4"il.10
Soread Toosoil 1/2 t0050il on site SF 4116 $0.06 $250.06
Fine orad ind SF 6351 $0.00 $501.42
i Seeded Bluearass i SF 2455 $0.10 $3"i2.60
Irriaation Allowanc.e i Does not inc.lude tao [ $3000.00
. SU6TOTAL I
I $5005.60
I !
,
-,t 1"i
Aspen ! COllec.ted 1" c.al. , 2, $15.00 $150.00
Reveaetation Native orasses SF I 5200 $0.10 $632.00
,
I Oraanic. Amendment 3 c.y / 1000 SF SF 3101 $0.15 $415.05
! Soread Toosoil 1/2 topsoil on site SF 3000 $0.00 $100.00
i Fine orad ind SF 0000 $0.06 $300.00
! Seeded Bluellrass SF 600 $0.16 $126.00
! Irriaation AIlOUJanc.e I Does not inc.lude tao $3000.00
SU6TOTAL $5125.05
i r
kot 20
I Aspen I COllec.ted
1" c.al. , 2 $15.00 $150.00
, Reveaetation Native orasses SF 5100 $0.10 $5100.10
! Oraanic. Amendment 3 c.y / 1000 SF SF 3016 $0.15 $452.10
I Spread Topsoil 1/2 topsoil on site SF 3000 $0.00 $160.00
I Fine oradind SF 0000 $0.001 $300.00
, Seeded Bluearass SF "i00 $0.16 $144.00
Irriaation AIlOUJanc.e Does not inc.lude tap I $3000.00
5U6TOTAL ! I $"i560.66
! I
! i
I ,
I
!
I
I
"......,'<..
~...,......
The Moore Family PUP
I I
1 Landscape COst Estimate i 1 1 paoe Three :
I !
. ..em / Task / Plant I COmments Unit auantit~ Unit Cost Un it Total
, 1 I i
:Lot 21
,
I Aspen : COllected 11" cal. 5, $,5.001 $225.00
ponderosa Pine 1 6' 1 $160.00 $160.00
I Reveoetation Native Grasses SF 5550 $0.16 $856.00
OrQanic Amendment 5 CY / 1000 SF SF 5291 $0.15 $495.65
1 Soread Toosoil 1/2 topsoil on site SF 5250 $0.06 $195.00
Fine Grad ind I $0.061
ISF , 6500 $590.00
, Seeded Blueorass SF 1150 $0.161 $184.00
I Irrioation Allowance Does not include tao I $5000.00
1 SUBTOTAL $5505.65
1 i
: Lot 22 1 I 1
!
Aspen COllected 1" cal. 5 $,5.00 $225.00 I
1 Reveoetation Native Grasses SF 1 ,100 $0.16 $1156.00
I Oroanic Amendment 5 CY / 1000 SF SF I 5812 $0.15 $5,1.80
. Soread Toosoil 1/2 topsoil on site SF 4000 $0.06 $240.00
Fine GradinJ , SF 00001 $0.061 $400.00
I Seeded Blueorass i SF 900 $0.16 $144.00
Irrioation Allowance I Does not include tao $5000.00
SUBTOTAL 1 I I $5,9"'.80
I 1 i
I
: Lot 23 1 I :
I
Aspen I .
COllected 1" cal. '" $,5.00 $450.00
, Reveoetation Native Grasses
, SF 6582 $0.16 $1053.12
! Oroanic Amendment 3 CY / 1000 SF SF 4940 $0.15 $,41.00
Soread Toosoil 1/2 topsoil on site SF 5840 $0.06 $350.40
Fine Gradind SF 5432 $0.061 $505.92
seeded Blueorass SF 1850 $0.161 $296.00
Irrioation Allowance Does not include tao i $5000.00
,
, SUBTOTAL $",59"'.401-
,
'Lot 24
Aspen COllected 1" cal. 11 $,5.00 $825.00
Reveoetation Native Grasses SF 9100 $0.16 $1456.00
Oroanic Amendment 3 c.y / 1000 SF SF , 6205 $0.15' $950.,5
Spread Toosoil 1/2 toosoil on site ISF ,105 $0.06 $426.50
Fine Grad ind ,
SF 11000 $0.06 $660.00
Seeded Blueorass SF 1900 $0.161 $504.00
Irrioation Allowance Does not Include tao $5000.00
;;UBTOTAL i $"160:2.05
, i
, I
.
1/28/9"T
"
The Moore Family PUP I I I I 1I2B/'i1 i
,
LandsGaoe COst Estimate I I I paae Four I
I I
I I I
, I
~m / Task / Plant COmments Unit Quantitu I Unit COst Un it Total I
TOTAL. PHA5E 1 I $3B1/53.45
1
PHA5E :2 i I
WODer !:lench Area (Does not inGlude sDread tODsoil! i I
I
I I
Reve"etation Fall seed in", no irri". 256604 ! .
, SF $0.16 $41056.64
Fine Grad ind SF 256604 $0.06 $153'16 .24
, Boulder retainina allowanGe As Der wnd it ions
, LS $BOOO .00
i i For sloDes min. 2,1 , ,
Eros ion Gontro I mat ISF 256604 $0.25 $64151.00
i : ,
SUBTOTAL I $12B603.B8
I
ski l..iFt (100' wide Gorridor assumotion)
Reveaetation .Fall seed, no irria. SF 210000 0.16 $43200.00
, Fine aradina/sDread toosoil 1/2 toosoil on site SF 210000, 0.06 $16200.00
, OraaniG amendment "C,Y/l000 SF SF 135000 0.15 $20250.00
I SUBTOTAL $1'1650.00
,
,
lski Club Parcel
! Reveaetat ion Fall seed, no irria. SF 10000 0.16 $11200.00
I
1 Fine aradin,,/soread toosoil 1/2 tODsoil on site SF 10000 0.06 $4200.00
OraaniG amendment 3 c'Y / 1000 SF SF 35000 0.15 $5250.00
I SUBTOTAL $20650.00
, I i
i parkina I..ot / North 5Ghool i:ntrance ,
, ,
,
, $5625.00 I
i Asoen COlleGted 1" Gal. 15 $15.00
,
I Li I ac. 5 aal. 2'10 $30 .00 $B100.00
Seeded Blue"rass SF lB'150 $0.16 $3032.00
Reveaetat ion I SF 120'1'1B 0.16 1'135'1.6B
Fine "radlM / soread toosoil ,
13'1'148 $0.12 $16193.16
OraaniG amendment 6'1'i14 $0.15 $104'16.10
Irri"ation DrID, Der alant 365 $12.00 $43BO.oO
, SUBTOTAL $6B386.54
IAFFordable Housina I..ots 1-'" (Fiaure on $5,000.00 oer lot allowanGe) I
I LandsGaoe Allowance Ea '1 $5000.00 $45000.00
i SUBTOTAL $45000.00
I
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"",.,"'-
comments
i unit
1/28/911
Pa~e Five i
.The Moore Family PUP
Landsc.ape COst Estimate
I
I
_~m / Task / Plant
Unit Total
Glen eaales Affordable Housin L-ots 10-16 I (Assumes 820 SF foot orint per house.! I
i
Lot 10 I I
Aspen COllec.ted 1" c.al. 12 $15.00 I
$'100.00 I
Ponderosa Pine 0' ! 4 $100.00
$040.00 I
, 52151 $844.00 i
ReveQetation Native Grasses 'SF $0.10
OrQanic. Amendment i3 c;.y /1000 SF !SF 3081 $0.15 $403.05
Spread Topsoil 1/2 topsoil on site SF 3081 $0.001 $185.22
fine Grad ind SF O11S' $0.00, $310.50
Seeded Bluearass , SF '100 $0.10 $144.00
Irriaation AlloLUanc.e Does not inc.lude tap I $3000.00
!
5UBTOTAL i $0540.11
I ,
I
Lot 11
Reveaetation Native Grasses Sf 0'130 $0.10 $110'1.10
Oraanic. Amendment 3 c;.y / 1000 SF SF 3'118 $0.15 $581.10
Soread Toosoil 1/2 toosoil on site Sf 3'118 $0.00 $235.08 I
fine Gradind SF 1830 $0.00 $410.101
. Seeded BlueQrass iSf
'100 $0.16 $144.00
Irriaation AlloLUanc.e Does not inc.lude tao I $3000.00
, I
SUBTOTAL ! , $5546.10
i
Lot 12 I
Reveaetat ion Native Grasses Sf I 6242 $0.16 $'1'18.12
Oraanic. Amendment 3 c;.y / 1000 SF SF , 3511 $0-15 $535.05
. Spread TOr'>soil 1/2 topsoil on site SF 3511 $0.06 $214.26
fine Gradind SF 1142 $0 .06 $428.52
Seeded Bluearass Sf '100 $0.16 $144.00
Irriaation AlloLUanc.e Does not inc.lude tar'> $3000.00
,
5UBTOTAL I $5521.15
,
,
!Lot 13
ReveQetation Native Grasses SF 8208 $0.16 $1313.28
,
Oraanic. Amendment 3 c;.y / 1000 SF SF ! 4104 $0.15 $615.00
, Spread Toosoil 1/2 toosoil on site SF 4104 $0.00 $240.24
I fine Gradind SF 8208 $0.06 $4'12.48
, Seeded Bluearass SF '100 $0.16 $144.00
. Irriaation AlloLUanc.e Does not inc.lude tar'> i I $3000.00
5U6TOTAL I ! , i $5811.100
I I
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r .;....,
-
The t-1oore Family PUP , i I
! i 1/210/'1, i
i Landsc.ape cost Estimate , Paae Six I
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..em / Task / Plant Comments ! Unit Quantitu Unit COst Un it Total
I , 1 i
ILot 14 , 1 ,
! Reveaetation Native 6rasses SF 134104 $0.16 $215,.44
: Oraanic. Amendment 3 c.y / 1000 SF
SF ,1'12 $0.15 $10,10.100
Spread Topsoil 1/2 topsoil on site ISF ,
, ,1'12 $0.06 $431.52'
Fine 6rad inq
SF
143104
$O.06i
$106:'.04 i
Seeded Bluearass I ISF '100 $0.16 $144.00 I
, Irriaation Allowanc.e Does not inc.lude tap i i $3000.00,
I SUBTOTAL I $,614.100 :
! I i I
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iLot 15 1 :
,
, Aspen 1 I, I 41
collected 1" c.al. $15.00 $300.00
Reveaetation j Native 6rasses !SF 1 52001 $0.16 $1032.00
1 Oraanic. Amendment 3 c.y / 1000 SF SF 3050 $0.15 $451.50
1 Spread Topsoil 1/2 topsoil on site SF 3050 $0.06 $1103.00
,
I Fine 6rad ind iSF 6100 $0.06 $366.00
Seeded Bluearass I SF '1001 $0.16 $144.00
Irriaation Allowanc.e Does not inc.lude tap: I $3000.00
I 5UBTOTAL ! i 1
i , $52102.50 I
, 1 , , ,
,
,
Jt 16 ! I
Aspen i COllec.ted j 1" c.al. I 121 $15.00 $'100.00
Ponderosa Pine 16' , 3, $160.001 $4100.00 I
I ISF , $0.161
, Reveaetation Native 6rasses , OOTT' $12'12.321
I , ,
Oraanic. Amendment 3 c.y / 1000 SF ISF , 441010' $0.15' $6,3.20 I
I
I Spread Topsoil 1/2 topsoil on site
I SF 441010 $0.06 $26'1.210 i
i Fine 6radind SF B'lT1 $0.06 I
$5310.621
, Seeded Bluearass SF '100 $0.16' $144.00
, Irriaation Allowanc.e Does not inc.lude tan , I $3000.00 ,
, I
! 5UBTOTAL $12<rT.42 !
I i
, I
i Lot 2S I I
, Aspen I i collected !1" c.al. I $,5.001 $3,5.00 I
, 5
,
1 i 16' I $160.001
Ponderosa Pine ; , 1 $160.00,
1 Reveaetation I Native 6rasses , 10304' $0.161
'SF $13210.64 i
1 Oraanic. Amendment i 3 c.y / 1000 SF 41521 $0.15'
, SF $622.100 i
Spread Topsoil 1/2 toosoil on site SF 5052 $0.06 $303.12
! Fine 6radind 1 SF 10104 $0.061 $606.24
1 seeded Biuearass SF 1000 $O16! $160.00 j
1 Irriaation Allowanc.e Does not inc.lude tao , $3000.00 I
I
1 1
SUBTOTAL I $6555.00
:
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"
:The Moore family FUD I I I ,
i , I 1I2B/'f1 .
ILandscaoe Cost Estimate i , paae Seven I
I
I " em / Task / Plant ,
Comments I Unit Quantitu Un it Cost Unit Totai
Lot 26 I I
I ,
Asoen Collected 11" cai. 5 $,S.OO $9,5.00
ponderosa Pine 16' 1 $100.00 $160.00
Reveaetation Native Grasses SF 1>304 $0.16 $1321>.64
Oraanic Amendment 9 CY / 1000 SF SF 4152 $0.15 $622.1>0 I
'Soread Toosoil 1/2 toosoil on site SF 5052' $0.06 $303.12
i Fine Gradind iSF 10104 $0.06 $006.24
I Seeded Bluearass ISF i 10000 $0.16 $21>1>0.00 I
: Irriaation Allowance Does not include tao I $3000.00
SUBTOTAL I $'12,5.1>0
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Lot 2, 1 : ,
, Asoen COllected I $,5.001
: 1" c.al. 5 $9,5.00
ponderosa Pine 6' 1 $160.00 $100.00
Reveaetat ion Native Grasses !SF I '12'16 $0.16 $141>,.96
Oraanic Amendment 3 CY / 1000 SF i5F I 4641>1 $0.15 $6'f1.20
1 Soread Toosoil 1/2 tonsoil on site ISF 5541>!
I i $0.06 $332.1>1>
I Fine Grad ind SF 110'16 $0.06 $665.,6
I Seeded Bluearass ISF 11>00 $0.16 $21>1>.00
Irriaation Allowance Does not include tao I $3000.00
I SUBTOTAL 1 $,006.20 I
, : , i
I
iLot 21> I ! ,
, I
I Asoen (10161> SF lot) Collected 1" cai. 6 $,5.00 $450.00 i
! ponderosa Pine !6' I 2 $100.00 $320.00 I
, Reveaetation Native Grasses SF 6561> $0.16 $1050.1>1> !
Oraanic Amendment 9 CY / 1000 SF iSF 321>4 . $0.15 $4'12.60 i
Soread Toosoil 1/2 toosoil on site ISF I
411>4 $0.06 $251.04i
Fine Grad ind ,
ISF 1>361> $0.06 $502.01> I
Seeded Bluearass !SF 11>00 $0.16 $21>1>.00 I
Irriaation Allowance I Does not include tao i $3000.00
i I
SUBTOTAL , $..,,54.60 i
1 I I
I ! I
Lot 2'1 ,
i
Asoen I Collected 11" cai. 5 $,5.00 $3,5.00 I
1 ponderosa Pine 6' 1 $160.00 $100.00 I
I Reveaetation Native Grasses iSF 10164 $0.16
$1626.24 I
Oraanic Amendment 1
, ,3 CY /1000 SF SF 501>2 $0.15 $,62.30 i
I "'so' , I
Snr ad Tonsoil n site F 5'11>2 $0.06 $351>.'12
re
Fine Grad in
1/2 to ,I 0
S
SF
SF
11'164
11>00
$0.06
$0.16
I
$,11.1>4,
,
$21>1>.00 i
,
$3000.00
$,21>1>.30
Does not include ta
"'~~~ f'"
'The Moore Family PUP i I : 1I2e/'il
i Landscape COst Estimate I I paae Eiaht
,
. Quantitu , ,
.m / TaSK / Plant Comments Unit I Un it COst I Un it Total
i
i
iLot3O :
I Aspen i COllected 1" cal. el $,5.00 $€>OO .00
Pondero!Oa Pine 6' I 9 $160.00, $400.00
Reveaetation Native 6rasses SF T7e4 $0.16 $1245.44
Oraanic Amendment , $0 151
9 CY / 1000 SF SF I 91'''12, $51'9.1'0
I
SPread Topsoil 1/2 topsoil on site SF I 41"12 $0.06 $21".52
Fine 6radind i $0.061
I SF "151'4' $5,5.04
Seeded Bluearass I SF 11'00 $0.16 $21'1'.00
I Irriaation Allowance Does not include tap !
1 $3000.00
5USTOTAL i $,05"1.00
I
Lot 91
I Aspen COllected 1" cal. 131 $,5.00
$'il5.o0
i ponderosa Pine 6' 21 $160.00 $920.00 I
i iie41
! Reveaetation Native 6rasses SF $0_16 $1245.44 I
Oraanic Amendment 9 CY / 1000 SF SF 91'''12 $0.15 $51'9.1'0 I
I Spread Topsoil 1/2 topsoil on site SF 4,"12 $0.06 $21'1.52 i
Fine 6radind ,
i SF "151'4 $0.061 $515.041
I Seeded Bluearass SF 11'00 $0.16. $21'1'.00
Irriaation Allowance Does not include tap $3000.00 !
5USTOTAL i I $,214.eO I
I i I i
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,
ITOTAL PHASE :2 1 ! i
49651'6.66 i
i ,
Phase S
,
iupper Sench Area (Does not include spread to"soil!
. Reveaetation Fall seedina, no irria. SF 424,4 $0.16 $6,'l5.e4
i Fine 6rad ind , SF 42414 $0.06 $2541'.44
,
Boulder retainina allowance As per cond itions LS $5000.00
Erosion control mat For slopes min. 2:1 SF 20000 $0.25 $5000.00
i 5USTOTAL I $1"1544.21'
iTOTAl.. PHASE S I i 1"1344.21'
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"-0--"
The Moore Famil\,j PUD
Land~cape Gost E~timate
1/2B/91 .
Page Nine
. I Gomment~ I Quantltu Unit Go~t , Unit Total
'm / Ta~k / Plant Unit
.Iase 4 I ! I I
Ut:lt:ler 6ench Area (Doe~ not include ~t:lread tot:l~oil) 1
, 001"721
F<eveaetat ion fall ~eedina, no irria. Sf i $0.10 $100B3.521
fine Grad ind 5f 00TT2i $0.00 $4000.32
Boulder retainina allowance i A~ t:ler cond ition~ : I
L5 , $5000.00 1
Ero~ion control mat I for ~Iot:le~ min. 2:1 5f I 50000' $0.25 $12500.00 i
, , $32110"1.104 i
SUBTOTAL ,
I I
TOTAL.. PHA5E 4 i I $32110"1.1041
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: PROJeCT SUBTOTAL i i i I $10;510;4.231
'CONTINGeNCY I $35133.;; I
,PROJeCT TOTAl. i I $"1110010.00 I
. 1 I i
RC"r::'1,-
-,-: 'feD
':'11
UCc. 7 _ /Oll/l
SUBDIVISION IMPROVEMENTS AGREEMENT
:E'OR TllE
ASPEN 3IGELANDS VILLAGE P.U.D.
_ _-"'-~"':=;'1, .-J'I
C......1....IL,\TT"v.... . ;-''\';''
. '.....8.CL.C4:1.j-.'-
'~CoN I
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement"), made
and en~ered b.to this ~ day of ~"Mn-, 1998, by and bet'lleen
HI~S EIGHLANDS LIMI~SD PART~mRSHIP, a Delaware limited
oartnershio (hereinafter referred to as "Owner") and TF'.E 3CARD OF
COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the
governing body of pitkin Coun~y, Colorado (hereinafter referred to
as nBOCC" or "County").
W I ~ N E SSE T R
A. The Owner has received final approval for a Site
Snecific Develooment Plan from the 30CC for a subdivision ~~own as
The Aspen Highlands Village P.U.D., a Planned Community, as se~
forth in the Detailed Submission Consolidated Documents,
consisting of:
.
.
Thirty-one (31) detached free-market dwelling units;
Thirty-two (32) townhouse free-market residential dwelling
units;
seventy-three (73) tourist accommodation units;
Thirty-eight (38) dorm units;
Twenty-two (22) categorI 4 affordable housing sale units (4
bedroom) ;
One (1) CategorI 4 affordable housing sale unit (3 bedroom)
Twenty-eight (28) Categorf 3 affordable housing sale units (3
bedroom) ;
Eight (8) categorf 1 affordable housing sale units (1
bedroom) ;
Eight (8) Category 2 affordable housing sale units (1
bedroom) ;
Two (2) Category 3 affordable housing rental units (1
bedroom)
Five (5) Category 3 affordable housing rental units (2
bedroom)
Ten (10) Caretaker Dwelling units;
Twenty-one thousand six hundred (21,600) square feet of
retail space (Net Leaseable Area "NLAn);
Fourteen thousand one hundred twenty five (14,125) NLA
restaurant space;
Twelve thousand (12,000) square feet of accessory skier
services (NLA);
Four thousand eight hundred (4,800) square feet of
condominium rooms and meeting rooms (NLAl;
Two thousand two hundred (2,200) square feet of ski area
storage (NLAl;
Four hundred fifty (450) parking spaces for the Aspen
Highlands Ski Area; and,
No less than two hundred thirty (230) off-street parking
spaces
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
111111I1111I111111111I1111111111111\11111I1111111111111
.......,.,~ 111/1!/1991 83: e3P S\IB !IPIt DAV!Su!i!L~!
---.
. . .-.......... .-. -,.,,,' ......... .... .._. .'.. .
....~. ..--.-..-.........--......:---
'0.,
(hereinafter collectively the "Project") on that certain real
prcpercy (the "proper':y") located in pitkin County, colorado, more
partic~larlY described on the Final Plat of ~he Aspen rtighlands
villaae P. U. D. (herein "Subdivision Plat") which ::llat is filed of
record in Plat Book~i at Page -L- in the real property records of
pitkin County, Colorado. (Since detailed submission, a small
modification"has been made to the affordable housing unit mix.
This change was approved by the BOCC at final plat. The current
plan shows one hundred twelve (112) affordable nousing '~its,
housing 267.75 people. This compares to the pre',ious approvals
which contained one hundred eleven (111) affordable housing units.
housing 267.25 people.)
B. The County has fully considered and approved the
Detailed Submission, as evidenced by pitkin County Resolution No.
~l-'~(' "Granting Detailed Submission, Planned Unit Development.
Subdivision. and 1041 Environmental Hazard Review Approval.
Condominiumizacion Approval. Transferrable Density Rights Receiver
Site Approval, and Special Review Approval for the Aspen Highlands
Village PUD project" (herein the "Resolution" or "Detailed
Submission Approval"), recorded in the real property records of
Pitkin County, Colorado, at Reception No. 4~~~2t ' and as
evidenced by pitkin county Ordinance Nos. 47-. I ' recorded
in the real property records of pitkin county, Colorado, at
Reception Nos. 'I1/tJtJ.~ ~ : '" X ~ (jfi)
C. The County has fully considered the Final plat of The
Aspen Highlands village P.U.D. as evidenced by pitkin county
Resolution No. 98- ,q ,granting Final plat Approval, recorded at
Reception No. "/7.:7, 7-1p9> .
D. Subsequent to obtaining approval of the Detailed
Submission and amendments. the name of the project had been
referred to as "The Aspen Highlands Base Village P.U.D.". All
references to The Aspen Highlands Base Village p.U.D. or the
"project" shall mean and refer to "ASpen Highlands Village".
E. This Agreement evidences the owner's agreement to the
conditions contained in the Resolutions as required by the
subdivision regulations contained in the pitkin County Land Use
Code.
P. In granting said approval, the County has: (i) fully
considered the proposed development as described in the
ReSOlutions and the anticipated benefits and burdens to
neighboring properties; (ii) fully considered the requirements of
the pitkin County Land Use Code (the "Code") in effect for this .
project, and such other laws, rules, and regulations as may be
applicable; and, (iii) imposed conditions and requirements as more
fully set forth in the Resolutions, which conditions and
requirements the county deems necessary to protect, promote, and
enhance the public health, safety, and welfare.
-2-
Y~IIIIIIIIIIIIIII IUIIIIIII 1111 1111111 m 1111111111111
. .
..-.-,.-..-.........-..'.. ..... ~.._,... ......, ..-
- .;....:.;:"~...-.....
. ...-.... ~._. ...--....---...
G. Unde~ ~he authority of Section 6-4.5 of the Code, the
County is encit:ed to assu~ances that the mat~ers he~einafter
agreed ~o wil: ~e faithfully ?e~formed ~y the Owne~, its
successors and assigns. The Owne~ is willing to 2nte~ into this
Agreement, and provide such assurances to the County,
AGRBEMENT
NOW, THEREFORE, for good and valuable consideration, it is
agreed by and becween the Owner and the 30CC as follows:
~. Water SYstem. Owne~ agrees to install,- or guarantees
installation of a cencral water system connec~ed to the City of
Aspen water sys~em to provide water service to Aspen gighlands
village, including water serlice to the lot line of each lot in
the Subdivision. Lines shall conform to the reauirements and
specificacions provided to Owner by the City of-Aspen.
2. Roads. The Owner agrees to install or guarantees
instal:ation of the private or public roads in accordance with
plans submitted and approved by the county in the Aspen Highlands
Village P.U.D. Detailed Submission. Roads shall be constructed in
conformance with all requirements set forth in the Decailed
Submission Approval.
.
3. E~ectric Service. Owner agrees to install or guarantees
installation of electric power lines to provide electric service
to Aspen HighlandS Village, including elect~ic service to the lot
line of each lot within the Subdivision. Power lines,
transforme~s, and installation of the same shall conform to the
requirements and specifications provided to Owner by Holy Cross
Electric Associacion.
4. Telephone Service. Owner agrees to install or
guarantees installation of distribution cable and feeder
facilities, including pedestals, to provide telephone service to
Aspen Highlands Village, inclUding telephone service to the lot
line of each lot within the Subdivision. Telephone line
pedestals, and the installation of the same, shall conform to the
requirements and specifications of U.S. West communications.
5. Natural Gas. Owner agrees to install or guarantees
installation of natural gas lines to provide gas service to Aspen
HighlandS Village, inCluding gas service to the lot line of each
lot within the Subdivision. Natural gas lines shall conform to
the requirements and specifications provided to Owner by KN
Energy.
6. Waste Water Disposal.
guarantees installation of waste
lines to provide sewage disposal
Owner agrees to install or
water collection systems and
service to Aspen Highlands
-3 -
111111I1111I11111111111111111111 IJllII1lIlII111lIU \t_
~~,-,
Vi~lage, including sewage disposal serlice to the lot line of each
lot within the Subdivision. Waste water collection syscems and
lines shall confc~ to the requirements and specificacions
provided to Owner by che Aspen Consolidaced Sanitation District.
';
7. underaroundina of Utilities. Owner shall underground
al~ new utilities in the Project with the exception of required
sur=ace mounted transformers. telephone and cable television
pedestals, nacural gas, pump and pressure reducing scations. fire
hydrants. meters. and sim~lar appurtenances requiring above-grade
inscallation. Irrigation, snowmakL~g, and domestic wacer pump
stations will-be either sheltered or placed underground.
8. RFTA Payments. Owner shall implemenc the phasing plan
that clear~y identifies the ridership threshold on the existing
castle/Maroon Roaring Fork Transit Agency (RFTA) route that will
trigger a requiremenc for the Owner to make a payment to aFTA for
the purchase and operation of one (1) additional bus on the route.
(See Exhibits "A" and "!l")
9. public Trails. Owner agrees to construct or provide
security for the construction of the oublic trails as included in
Exhibit "A" (the "Proj ect Public Improvements") attached hereto
and made a part hereof, in conformance with Decailed Submission
APprovalS. TWO public trails are to be conscructed. one next to
Maroon creek Road. The cost for this trail is included in Exhibit
"A" and Exhibit "E" (the "Maroon Creek corridor Improvements
Estimate"). The second public trail is shown on the plat as part
of Thunderbowl Lane. It links the Highlands Village to the Moore
PUD along powderbowl Trail. Exhibit "A" includes the construction
of this trail.
10. Traffic and Transit parkina Plan. The Owner shall
implement a co~prehensive traffic/transit/parking monitoring
sysCem plan, which shall include measures to ensure increased
mitigation actions if monitoring shows that the mitigation plan is
not adequate. The Owner shall administer the monitoring plan
through the conclusion of Phase 4 of the construction, and for
three (3) years thereafter. Annual reports shall be submitted to
the community Development Department for County and RFTA review.
If traffic impacts exceed traffic projections, additional
mitigation in the form of transit mitigation may be required. The
monitoring system shall address the following issues:
(a) If the trips generated by AHV exceed the
projections contained in the "Revised Maroon Creek Corridor
Detailed Transportation Plan", dated February, 1997, so as to
require mitigation for those additional impacts, the additional
mitigation required by Owner must be approved by the BOCC based
upon the recommendations of the pitkin County Community
Development Department and any appropriate referral agency (e.g.
RFTA and/or pitkin County Engineering Department) .
-4-
11111111111111111111I11111111111111111111I1111I11111111
(bl If the trips generated are lower than the
nrojections contained in the "!l.evised Maroon Creek Corridor
Detai::'ed Transpor~ation Plan", dated Februarf, 1997, the Owner
shall be ~ntitled :0 suggest a reduction in tee traffic mitigation
programs then being funded. Such reduction shall be based upon a
finding by the BOCC that the reduction is appropriate; provided,
however that Owner shall not be entitled to a refund for any
portion of its inf=astr~cture donation described in Paragraph 17
below.
11. construction ?hasina Schedule. The Project Public
Improvements for which the Owner is obligated as identified in
this Agreement shall be substantially constructed or installed in
accordance with the phasing plan set forth in Exhibit "S" attached
hereto and made a part hereof (the "Aspen HighlandS Village
phasing Plan"). Variations in the phasing schedule shall be
permissible in order to provide on-site flexibility in completion
of the Project Public Improvements.
12. Construction Manaaement Plan. The construction
management plan ',olill be as set forth in Exhibit "C" attached
hereto and made a part hereof (the "Aspen Highlands Village
construction Management Plan"), and provides for the management of
construction traffic and fugitive dust control plan, the staging
of construction equipment and materials, and public no~ification
plans for road closures or any other public inconveniences during
construction.
13. Dial-A-Ride. Owner agrees to implement a
"Revised Aspen HighlandS Village Castle Maroon and Dial-a-Ride
service plan" as set forth in the detailed plan attached hereto as
Exhibit "D", the costs of which are set forth in Exhibit "A".
14. Landsca~ina. Owner agrees to install or provide
security to ensure the installation of landscaping as depicted in
the Aspen Highlands village P.U.D. Detailed Submission, and
specified in the project Public Improvements. The Owner shall
implement and be responsible for the performance of all
landscaping associated with Phases 1 through 4, whiCh shall be
secured by a bond enforceable by the county in an amount equal to
one hundred percent (100%) of the estimated cost of completion.
All plant materials used in the landscaping shall be guaranteed
for two (2) growing seasons after the initial installation. Owner
shall revegetate all disturbed areas with a mixture of indigenous
grasses and wildflowers. The use of invasive grasses shall be
prohibited. Owner shall also implement a weed control plan,
especially in the wildflower meadows, the first level of which
shall be non-chemical; provided, however, that chemicals may be
used if non-chemical weed control fails.
the
15. As-Bui1t Survey.
project as shown on the
The location of various
PUD Plan. Final Plat or
elements of
civil drawings
-5-
111111I1111I111111111I1111111111111111111I11111111I1111
_ _ __ __ _._ __ _,.. ... u.
submitted therewith, including but not limited to, utilities,
roads and trails, renresents the best olanninq of Owner as to
where such imnrcvements can and will be built: Accual ccnditions
relat~ve to construction maY reauire minor deviat~ons or
var~ations as to the location ot such improvements. At such t~me
as construction of any or all of the project elements is complete,
Owner may cause the precise location of such improvements to be
sur,eyed. Based on such sur,ey, the County Planning Director may
at the request of Owner approve insubstantial amendments to the
PUD Plan, Final Plat or the civil drawings to correct deviat~ons
in the as-built sur,eyed location of any such improvements.
16. linancial AssuranC9S. The Owner shall be responsible for
the construction of the improvements as set forch in the Project
public Improvements and full compliance of the conditions and
covenants of this Agreement and the Detailed Submission Approvals,
including site restoracion in the event the work undertaken
pursuant to the earthmoving permit is not substantially completed.
Owner shall secure the financial assurances required in this
Paragraph by Obtaining a surety bond in a form approved by the
County Attorney. The project Public Improvements shall include
those items set forch on 3xhibit "A". If a metropolitan district
is formed, the assessments shall be based on assessed valuation.
Installation of landscaping will not be funded by the special
metropolitan district. .
(a) No Security for any project Public Improvements
shall be required from Owner until issuance of the first building,
excavation, demolition or grading permits for any of the project.
Upon the issuance of the first excavation, demolition or grading
permits for any of the Project, Owner shall, as to the project
Public Improvements, provide security adequate to assure the
substantial completion thereof generally in accordance with the
Phasing Schedule. For example, if the cost of completion for the
first phase is $500,000,00, then the Security may be obtained in
such amount, and so forth, for each phase.
(h) As the improvements required by this Agreement are
substantially completed, the County Engineer or county Director of
Public Works shall inspect the work within thirty (30) days of
written request made to the Public Works Department and the pitkin
county Attorney's Office, and on reasonable acceptance of the
improvements by the County Engineer or County Director of Public
Works, the pitkin County Attorney shall authorize the immediate
release of the security. By .substantially completed" the parties
mean construction that is essentially complete other than 'punch
list" type work for ''</hich the County may require continuing
security.
(cl partial Releases of the security may be requested
by Owner utilizing the same procedure set forth above and subject
-6-
11111111111111111111I1111111111111111111111111111111111
- --- ..--- -- --- --- ..~- -_.._- --. ..-
. '""~"''''''' 4 _.. _ ._~..._..
',.,.."
to establishing satisfactor/ par~ial completion of the
improvements, suc~ par~ial releases shall be granced.
(d) Failure to respond wi~ni~ =or~y-:ive (45) days of
any request =or parcial or final release shall ccnstitute
accep~ance of the improvemencs by the pitki~ :ounty 3ngi~eer or
pitkin County Direccor of Public Works and release or partial
release of the security shall be granced.
(e) Owner may cause a Special ~etrcpolitan District to
be formed for purposes of financi~g and mai~tena~ce of all or part
of the construction of the projecc'Public Improvements. If such
district is formed, then at the time the discrict obtains funding
from the sale of bonds or other sources sufficient for the
construction of the project public Improvements, Owner shall be
entitled to a release from the Councy of an equivalent amount of
Security provided tne County Attorney is sacisfied with the
County's ability to have the project Public Improvements completed
in the evenc of owner's default. If the County Attorney is not
satisfied as required herein, the original security posted by the
Owner for the comolecion of the work will noe be released until
there is compliance with paragraph 30 of t~is Agreement. The
County agrees that it will not oppose the fo~ation of a special
improvement district for the purposes set forth herein.
.
~7. Marcon Creek Road/Hiahwav 82 Intersection. Upon
recordation of the Final Plat, the Owner shall escrow Six Hundred
Fifty Thousand Dollars ($650,000.00) which must be used for
infrastructure improvements along the Maroon Creek/Castle
Creek/Highway 82 intersection and Maroon Creek Road. The cost
projections for these improvements are set forth on Exhibit "En.
Owner will make the improvements described on Exhibit "En, and the
County may use the remaining funds for other improvements within
the Maroon Creek corridor, inclusive of the Maroon Creek/Castle
Creek/State Highway 82 intersection. The Owner shall not be
responsible for any additional cost of these proposed improvements
above the six Hundred Fifty Thousand Dollars ($650,00.00) provided
herein. In addition, the Owner shall contribute Three Hundred
Fifty Thousand Dollars ($350,000.00) for long-range improvements
to the Castle/Maroon intersection as part of the Entrance to Aspen
FEIS.
18. Im~rcvement Maintenance Aareement. In accordance with
Section 6-4.5(b) of the Code, Owner shall, prior to the
conveyance, sale or transfer of any single family lots within the
project (excepting transfers by Owner or its assigns of
undeveloped lots or the granting of liens to lenders), provide for
maintenance by the Aspen Highlands village p.U.D. homeowners'
association or other Special Metropolitan District in perpetuity
of all Project common improvements not accepted for dedication by
the County or the utility providers.
-7-
111111I1111I111111111111111111\1111\11\11I1111I\11\ \IJ\
_.....__..._..___._'. _. ..... ,.j_.._..._..__'..~_"... ._~. _~. ,_"_ _._.:.:_...n....._~____""-_
19. Certificates of Occu~ancv. Once a bond has been posted
with =he Councy to ccve~ the cost of the Affordable Housing Un~ts
~n Slocks 3, F, and G, and Af=ordable Sousina ~nits ~n Block D,
Building 3, all Free-Market Units ~n the Single 1amily and
Townhomes shall be entitled to Cerc~f~cates of Occupancy, subject
to satisfaction of all ot=er ~equirements necessary to obtain a
ce~tificate of Occupancy. In the evenc Cert~ficates of Occupancy
have not been issued for the Affordable Housing ~nits in Blocks B,
F, and G, and Block D, Building 3, by Decembe~ 1, 2001, the county
may pursue the remedies prov~ded for in Paragraph 25 hereof.
Buildings 2, 4, 5, and a, Block D, contain rn~xed land uses,
including Affordable Housing Units. Ce~tificates of Occupancy
shall not be issued for free market spaces in ~hese buildings
unt~l Certificates of oc~~pancy have been issued for the
Affordable Housing units in the corresponding building. Nothing
in this paragraph shall prevent Owner from Obtaining demolit~on,
grading, excavac~on, foundation, bui:ding pe=mi=s, or any other
permits for the project.
20. Execution of Final Plat. The Owne~'s obligations to
const=uct the improvements hereunder are expressly contingent on
the Owners' recordation of the Final Plat in the real prope~ty
records of pitkin County, Colorado, and on the BOCC's approval of
the Final Plat.
.
21. vested Riahts. The BOCC has considered the needs of
both the County and Owner, and has determined pursuant to C.R.S.
~24-6a-101 et.sea. that the Phasing Schedule shall, for the time
periods set forch the~ein, or any amendments thereto approved by
the County or planning Director, constitute an extension of the
vested property rights appurtenant to the Property for five (5)
years. Upon completion of Phase 1, as defined in Exhibit "B", the
Development Approvals shall be deemed vested in perpetuity.
22. Covenants Runnina with Land. All covenants,
restrictions, conditions and obligations contained herein or on
the Final plat are and shall be covenants running with the land
and shall attach and bind and inure to the benefit of the Owner
and the BOCC, and their respective grantees, successors and
assigns.
23. Bulk Sale. In the event Owner does not develop the
Subdivision, Owner may sell all or a portion of the Subdivision in
bulk to a third party who shall develop the Subdivision, or
portions thereof, including the construction of the improvements
contemplated hereunder, in accordance with and subject to the
provisions of this Agreement. Upon such a bulk sale to a third
party, Owner shall be automatically released of all liability and
obligations under the terms of this Agreement, provided such
subsequent owner will be bound by the provisions of this
Agreement.
-A-
111111I1111I111111 111\111111111111111111111111111111111
.--.....-.....--. ....__P..
_.." .. ... . .... d _ : ~ ,. .,_ .l.: '_~ ....
.,. .....-,... ....------..---
24. Assianment of Interest and Obliaations. Owner may
assign its in~=rest in the Preperty co a third party, who shall
develop ~he preperty or portiens thereof, including the
cens~r~c~ion of the Pro~ect Public Improvements contemolated
hereunder, in accordance with and subJect to the previsions of I
this Agreement. owner may also assign certain of its obliga~ions
hereunder to anyone or more special districts or homeowners
associations to be formed for purposes of performing such
obligations.
25. Remedies of County. :n the event Owner shall fail to
construct the project Public :mprovements for which it is
responsible under this Agreement in accordance with clans and/or
specifications appearing in the drawings approved bY" the ccunty,
and within the schedule set for the comple~ion of said Project
Public Improvements, the County shall provide Owner with a notice
of non-compliance ("Notice of Non-compliance") together .tiith the
right for a period of ninety (90) days after the receip~ by Owner
of such notice for Owner to cure such non-comoliance or schedule a
hearing with the BOCC. provided, however, the Owner may
reasonably modify the schedule for construc~ion of any Project
Public Improvements by providing written nccice to the Cour.ty.
The Notice of Non-Compliance shall include a list of specific
deficiencies to be corrected in order to cure the non-compliance.
If Owner, by written notice to the County given prior.to the
expiration of the time to cure set forth in the Notice of Non-
Compliance, disputes whether or not a default exists, then as soon
as practical within said ninety (90) day period, the BOCC shall'
conduct a hearing (the "Non-Compliance Hearing") to determine
whether or not a default exists. At such hearing, Owner may
present any evidence relevant to the alleged default. Should the
BOCC determine at the hearing that a default exists, then Owner
shall have ninety (90) days from the date of the hearing within
which to correct the deficiencies, weather permitting. If at the
expiration of said ninety (90) day time period, Owner is
proceeding with due diligence to correct the deficiencies, weather
permitting, then said time period shall be extended for so long as
Owner shall continue to prooeed with due diligence to correct such
deficiencies.
{al If Owner shall fail or refuse to cure the
deficiencies identified in the Notice of Non-Compliance within the
time provided or in the event a Non-Compliance Hearing shall occur
where the BOCC determines a default exists and ninety (90) days
from the date of the hearing or any extension thereof shall pass
without the deficiencies being cured, then at any time thereafter
the county shall have the right to draw on said Security to
correct the deficiencies.
(b) No default hereunder by Owner shall result in any
revocation or termination of the Project approvals as described in
the Resolutions. Once the financial assurances required by this
Agreement have been released, the County specifically waives any
-9-
11111111111111111111I11111111111111111111I1111111111111
,..",
......,,;'
"....""
.....""""
right it may have to object to the Project Public Imcrovements or
to require the Owner to perform additional work, nocwithstanding
guarantees and warrancies.
(c) In the event the Co~~ty draws on the security to
correct deficiencies, it shall make a good faith effort to correct
the deficiencies and complete the Projec~ in accordance with
approved plans and specifications; provided, however, the County
will not be liable to the Declarant, its successors and assigns,
including individual loc owners, for the County's failure to
correct the deficiencies or properly complete the Project. The
County shall be obligated to make a good :aith effort to complete
the projec~, provided that the County may decide to only secure
public health, safety, and welfare. In such event, the' County may
only draw on the bond in an amount necessarI to complete said work
in as economical and efficient a manner as possible.
(dl Nothing contained in this Agreement shal: limit
other remedies available to pitkin County under Colorado law.
26. Entire ~areement. This Agreement constitutes the
full and complete agreement of the Owner and the BOCC, and may not
be modified except by a written agreement duly executed by all
parties.
27. Notices. Notices as desired or required hereunder shall
be in writing and deemed effective from and after the ~xpiration
of three (3) days after it is deposited in the United States Mail,
postage prepaid, certified, return receipt requested, or by
courier (overnight service) to the addresses set forth herein.
Notices may be hand delivered, and shall be deemed effective on
delivery.
If to pitkin Countv:
Board of County commissioners
c/o pitkin County Manager
pitkin County Courthouse
506 East Main Street
Aspen, CO 81611
with a Copv to:
John M. Ely
Pitkin county Attorney
530 East Main Street
Aspen, CO 81611
If to Owner:
c/o Bob Daniel
Hines Highlands Limited
partnership
426 E. Main St.
Aspen, CO 816::'1
with a Copv to:
Gideon Kaufman, Esq.
Kaufman & Peterson
315 E. Hyman. #305
Aspen, CO 81611
The parties to this Agreement shall have the right from time
to time to change their respective addresses, and each shall have
the right to specify as its address any other address within the
United States by at least ten (10) days written notice to the
other party as provided in this paragraph.
28. Captions. Titles or captions of paragraphs contained in
this Agreement are inserted only as a matter of convenience and
-10-
I IIIIlI IIIIl 11111111I11111111111 111111111I 111111 1111111
for reference, and in no ~ay define, limit, extend, or describe
the scope of this Agreemenc or the intent of any portions hereof.
29. conf~ict. This Aqreemen~ is ineended to amolifv and
- - .
carry out cereai~ of the 9rovisions of the Resolutions. In the
event of any conf:ict bet~een the 9rovisions of this Agreement and
the Resolutions, the provisions of this Agreement shall, to the
fulles~ extent pe~it=ed by law, govern and control.
30. Force ~a;eure/Delav Davs Extension. In the even~ that
Owner shall be delayed or hindered from performi~g ~nder this
Agreement (other than 9ayment of any sums due or 9roviding any
Security) by reason of nacural disaster, weather or seasonal
conditions, labor troubles, inability to procure maeerials,
failure of power or other utilities, war, or other reasons beyond
its control, then ehe period for the performance hereunder shall
be ex~ended for a period equivalent to the period of such delay or
hindrance (the "Delay DayS"). Within thirty (30) days following
the end of each calendar year, or sooner, Owner shall notify the
County in writing of any Delay Days claimed for the calendar year
or othe!:" period.
3~. Releases. From time to time, Owner shall have the right
to obtain from the couney, in reoordable form, parcial releases
from its obligations under this Agreement where such ooligations
have been fully performed or are no longer applicable. When all
the obliga~ions of Owner hereunder have been performed or are no
longer applicable, the parties shall, at the request of Owner and
in recordable form, enter into a full release (and termination) of
this entire Agreement.
32. Further Assurances. Each of the parties agree to
execute, acknowledge, and deliver such further instruments,
documents, or certificates, and to do all things and acts as the
other party may reasonably require in order to carry out the
intentions of this Agreement and the transactions contemplated
hereby.
33. Construction. No provision of this Agreement shall be
construed against or interpreted to the disadvantage of any party
by reason of such party having or being deemed to have requested,
drafted, required, or structured such provision.
34. prevailina Party. In the event of any action for breach
of, to enforce the provisions of, or otherwise involving this
Agreement, the court in such action shall award a reasonable sum
as attorneys' fees to the party who. in light of the issues
litigated and the court's decision on those issues, was the
prevailing party in the action.
-11-
1111111 Ur1l111111111111 111111111111111 III 111111 III lilt'
4~1 18/1~/1118 03:!3P SUI I"PR DAVIS SILVI
11 of 38 R 0.00 D 0.01 N 8.ae PITkIN COUNTY eo
, .. __.._ .__ ._.al,' .
.. -- -- ,"'---------
. ... ,_. _._~ -.. -.......
35. Clerical 3r~ors. In the event any cle~ical,
administrative or othe~ er~ors are found in this Agreement or any
legal descripcions or oche~ exhibits he~eto, or in the event any
exhibit shall be nissing, the parties agree to promptly execute,
acknowledge, initial and/or deliver, as necessary, any
documentation in order ~o correct the erroneous document,
descripcion, exhibit, or to provide any missing exhibit.
36. Estc~el Certificate. From time to time, Owner shall
have the right to obtain from the County, an estoppel certificate
whereby the county (by the County Atto~eyl shall certify to
Owne~ or another party designated by Owner such as a construction
lender, that at the time of the issuance of such certificate, and
except as other....ise noted thereon: (i) ::10 Notice of Non-
comDiiance has been given to the County; (iiJ this Agreement is
in lull force and effect; and, (iiil the County has no knowledge
of any default under this Agreement on the part of Owne~, nor
does the County have knowledge of the existence of any
circumstances which with the passage of time would give ~ise to
such default. In addition, the certificate shall provide such
other information as Owne~, or any other party requesting the
same, shall reasonably require relative to this Agreement. The
issuance of such certificate shall not be unreasonably withheld
or delayed by the County. .
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first written above.
COUNTY COMMISSIONERS
COUNTY, COLORADO
a:l.rperson
it.
:=:;-'y<~ (' iJ":"'
~u.::&:'l~~..w
J.Y/IG~ ".
OWNER:
lUNES R:tGXLANIlS LDUTED
PARTNElISllJ:P, a. Delaware
limi.ted partnership, by ASPEN
HIGHL1\NDS SKIING C0Rl10RATION,
a Delaware corporation, its
::~~ \\\r
ctD'1'"'" -r. $t~
V, u. pfe,~;~
APPROVED AS TO FORM:
BYJOhn M. El:~tttorney
~
111111I1111I111111111I111111111\111111\ 11I11111111I1111
423271 111/1!l/1.' 1lI3.!l3P SUI III''' DAVIS SILVI
-1. 12.' 3e RAIl D 11.01 N 11.118 PITlCIN COUMTT CO
,--~,
....",;...
STATE OF COLORADO
5S.
COUNTY OF PITXIN
The foreaoing inst~~enc was acknowledged before me this I~
day of ~ ,1998. by Dorothea Farris, as Chairperson of-
the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO.
,\......""......
"'<~,,~:1l1.1!..~s... mv hand and of=ic~al. seal.
/ .:-..... ~~ !i'.:v-,-""sion expires: J. 1\/102- 'l
g ..:,':1 \ . ~-.~ro; ~'
.:: : :< ~
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STATE'O:;" tc\tr..,~D
CO,,'NT.! OF P\4-l;~
ss.
The foregoing instrument was acknowledoed before me this \~~
day of Dr%lof' ('" , 1998. by (' k,u '-oil T s.~/'I-<" as V.'u PrI'c,;J;;;+
of ASPEN aIG~~S SKIING CORPORATION, a Delaware corporation, as
a General Partner of HINES HIGHLANDS LIMITED PARTNERSHIP, a
Delaware limited partnership.
witne~s ~d and official seal. .
My co S:taAoi!~ ~~ires: l'J.-/'-1/9'1'
_ l~OT. Rr\ \ ' ,., /~
\~\::;;l) U)~ '!J-l1leHl/7ffi21
~"'......~-:...~~ Notary P , J.c ~
~C" OF CfJ\.\J'~~y.- - -
fttit""I,""\\\
MY COMMISSION EXPlRES:
I)eaIfNler 4. 19911
111111I1111I111111111111111111111111111111111I111111111
423271 111/1!l/1!198 113:!3P sua IIlPR DAVIS SILYI
13 0' 311 R 11.011 D 11.1111 N 11.011 PITKIN COUMTT CO
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LIST OF BXHIBITS
Exhibit A - Project Public Improvements
Exhibit B - Aspen Highlands village phasing Plan
Exhibit C _ Aspen Highlands Village Construction Management Plan
Exhibit D _ Revised Aspen Highlands Village castle Maroon and
Dial-a-Ride service Plan
Exhibit E - Maroon Creek corridor Improvements Estimace
.
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T ,nrl.,.."" Cost Estimate
Summary
eE=
I J3IIII3IV 1998
I
I
Cost
. S 266.023.57
S 289,266.85
I S 159.989.39
I S 80,074.57
I S 145.194.17
I S 17.115.00
I S 64.800.00
I $ 1,022.463.55
on
.
1 11111I 11111 111111 IIIIU 1111 1111111111111I Ilml 1111111
423271 111/1!!/1111 113,!l3P SUI IIlPR DAVIS SllVI
111 of 38 II 11.1111 D II.. Nil.. !tIncIN COUNTY CO
....-.."
Page 1
,-...'
Entrance ana Day Skier ParKing
AspeD H1gblaDds Village ,Prepared January 1998
LandscaDe COSI Estim8lC I I I
Entrance and Day Skier Pariting Area , ,
I .
I QuaDtity Size \ DesCri~tiOD IUni! . Total
20 108ft IColo/Eng Spruce IS 312.23 ; S 6,244.60
20 112ft I ColOlEnIl Spruce ;S 569.54 , S 11,390.80 i
18 116ft i Colo/Enll Spruce !S 1,138.15 I S 20,486.70
! I
31 12"caL I Aspen NG IS 199.96 I S 6,198.76
31 i3"cai 'Aspen NG is 287.65 i S 8.917.15
22 :3" cal. I Slrcet Trees IS 312.23 i S 6.869.06 I
171 IS Gal. I Deciduous Shruo is 28.48 I S 4,870.08 I
i I ! i
2,500 II Gal lPerennials !S 8.77 I S 21,925.00
200 IFlat IPemmials Is 58.20 I S 11,640.00
I ! . I
2.,725 ISF I Bluel!l3Ss Sod IS 0.65 I 5 1,771.25
110,500 ISF ILow Native Seed 'S 0.13 is 14,365.00
! ! I I
560 ! SFF Walls Drystack IS 24.09 I S 13.490.40
1,300 ICY I Topsod !S 41.58 I 5 54,054.00
123,125 ISF Fine Grade 15 0.06 IS 7,387.50
120lLF Steel Edger 4In Is 1.67 is 200.40
90 ICY Mulch IS 31.71 I S 2.,853.90
185 iCY . Planter Mix Is 41.58 I S 7,692.30
I I i I
IlLS I Irrigation I S 65.666.67 i 5 65,666.67
I ! I Is 266,023.57
I I I I
Based on drawings by Robert A. Stem Architects 1
Sheets L201 and L201.3 Dated 1-20.98 1 I
,
111111I1111111111111I1111111111111111111111111111111111
423271 11/1~/1118 83:~3P sua I"PW ORVIS SILVI
17 at 31 R I.am 0 I.em N I.em PITKIN COUNTY CO
Page 1
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Village Core Area
Aspe" Highland.! ViI!alIe , I Prepared January 1998
,
Landseape Cost Estimate I , I
,
Vil~e Core I I
, I
QWlntity Size : DesCri~riOD I Unit Total
10 10FT I Spruce IS -l49.08 , S 4,490.80
5 14FT I Spruce IS 788.31 5 3.94l..S5
5 16FT I Spruce 1$ 1.138.15 , 5 5.690.75
2! ! Spruce 1$ 1.651.85 i S 3.303.70
l! I Spruce '5 3.52Q.62 , S 3.520.62
I ,
3 i 2" cat . Aspen NG :S 199.96 i 5 599,88
57 I 3" cal. : Aspen NG 1$ 287.65 i 5 16.396.05
8 I 3" cal. I Street Trees :$ 312.13 I 5 2.497.84
, I
132 : 5 Gal. I Deciduous Shtubs '5 28.48 5 3.759.36
2.700 i 1 Gal. Percnniais 5 8.77 I S 23.679.00
i I I ,
I
12.000 I SF I Bluegrass Sod 1$ 0.65 i S 7.800.00
21.000 I SF I Low Grass Seed 1$ 0.16 I S 3.360.00
, ! : i
I
220 ! TON I River Boulder ,$ 63.12 I 5 13,886.40
1.585 I SFF i Planter Wall Con 1$ 44.33 I 5 70,263.05
2.520 I SFF I Planter Wall Dry 1$ 27.37 I $ 68.972.40
I I T I
607 : CY I Topsoil '$ 41.58 I $ 25,239.06
6.500 I SF ' Fine Grade 1$ 0.06 I 5 390.00
600 I LF i Steel Edger 4 In. 1$ 1.67 I 5 1.002.00
50 I CY I Mulch 1$ 31.71 ; $ 1,585.50
1 ! LS I Irrigation 15 28.888.89 I 5 28.888.89
i !S 289.266.83
:- i
,
I . ,
Based on Robctt A. Stern ArchitCdS
L101 and L101.3 dated 1.20.98 I
111111I1111I11111111I11111111111 111111111I111111111 I11I
423271 le/l!!/19I1 IIl3,W SUB III'lI DAVIS SILYI
18 ., 30 R B.BB D B.ee N B.Be PITKIN COUNTY CO
Page 1
.
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Thunderoowl Neignbortlood
Asl"'n Hll!hlaads ViRage I : Prepared January 1998
Landsl:aoe Cost Estimall: I I I
I
Thundcrbowl Neigilborilood ,
I I
Quantity ! Size I DescriotioD ' Unit : Total
10 I O4ft I Spruce '$ 145.04 I S 1.450.40
25 106ft , Spruce $ 208.15 I $ 5.203.i5
25 108ft ! Spruce ,S 312.23 . S i.805.iS
25: lOft , Spruce .S 449.08 I S 11.22i.OO
25 i 12ft I Spruce is 569.54 : $ 14.238.50
121 14ft I Spruce is i88.31 ! $ 9.459.i2
5 116ft I Spruce :S 1.138.15 I S 5.690.i5
I : , I
150 I 5 Gal. I Aspco 1$ 26.84 : $ 4,026.00
100 i i Gal. I Asoco ,$ 52.04 I S 5.204.00
i5 I 1.5" Cal. I Aspen NO 's 136.85 i $ 10.263.i5
20 I 2.5" Cal. I Aspco NO 'S 232.i3 i S 4.654.60
100 i 2" Cal. Aspco NG 'S 199.96 i $ 19,996.00
10 ! 3" Cal. , Aspen NG IS 28i.85 I S 2,8n.50
: , I I
146.400 , SF I Wildflower Seed 1$ 0.13 : S 19,032.00
277.400 I SF I Native Seed :S 0.08 I S 22.192.00
I I , !
,
11 LS I Drip Irrigation :S 16,666.6i I $ 16.666.67
I I I " S 159.989.39
,
111111I 1111I 11111111I111 1111 111l11I11I1 III 1111I1 In 1111
4232'71 111/15/111I 831!3P S1lB XIlI'lt llA1IXS SXLVX
11 DI 3111 R Ill.n Dill.. M lIl.n P1l1CX" CClUHTY CO
Page 1
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Maroon Neighbomood
Mpen Hlgblands Village ,~ared JanUlllY 1998
Landscape Cost EstimalC ' ! ,
Maroon Neighborilood I ,
I , i
Quantity ~ Siu I Description i Unit ~ Total
514ft ,Sproce ,S 145.04 : $ 725.20
10 16ft !Spruce i$ 208.15 I S 2.081.50
10 18ft I Spruce IS 31223 ! $ 3,122.30
10 ilOft ' Spruce ' S 449.08 I $ 4.490.80
10 112ft i Sproce 1$ 569.:4 I $ 5,695.40
10 114ft ! Sproce IS 788.31 '. $ 7,883.10
8 116ft : Spruce IS 1,138.15 I $ 9,105.20
i I I I
100 15 Gal. I Aspen IS 26.84 I S 2,684.00
60 i7 Gal. lAspen 'S 52.04 I $ 3,122.40
50 11.5" Cal. I Aspen NG IS 136.85 i $ 6.842.50
10 12.5" Cal. ,Aspen NG 1$ 232.73 I S 2,327.30
40 12" Cal. . Aspen NG . :S 199.96 I S 7,998.40
5 13" Cal, iAspen NG IS 287.65 i S 1,438.25
I I I I
129,200 iSF 'Native Seed 's 0.08 I S 10,336.00
I I I I
1 !LS : Drip Irrigation IS 12.222.22 I S 12,222.22
I I i IS 80,074.57
Based on Raben A. Stem Arcbitects I I
Daled 1-2G-98 Sheets L.204 and L-404DWS i
111111I1111I111111111I111111111111111111111111111111111
423271 11l1/1!/19S1 1lI3:!3P SUI %1t'It DAV%S S%LV%
2IlI ., 3e R 11I.11I11I D 11I,11I11I N 1lI.1lIIlI Pli1<IN COUNTY ctl
Page 1
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,
Affordable Housing
Aspea H1ghlaads VilIa!!e I Preoared January 1998 -
Landsc:me Cost Estimate I I
Affordable Housing I i I
I I , I
Qnantitv I Size I Descriptioa ! Ualt i Total
23INA : Housing Uait AUowance IS 6,312.79 I $ 145,194.17
I I I I
I I I ,
Based on Robert A. Stern ArchitectS alan reduction L401.3 I
.
111111I1111111111111111111111111111111111I1111111111111
42327\ 111/t!l/1" 113:"P SUII l/lPIt IlAVIS SILYI
21 ., 311 R 1I.1lIl D 11.118 N II." PITKIN COUNTY CO
Page 1
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-- ._-~---~--- -~-,,_.__. - - .-' ----------.---
.,.....,...
,
Ski Run Reveg. ana Weed Control
Amm Hil!hJandJ V~ II Januarv 1998
T "nn"'""t"" Cost Estimate I I
Ski RIm Vegetation I : I
I I I 1
Quantitv ! Size i Description I Unit. I Total
4.89 I Acre IMalch= Gmsses is 3.500.00 I S 17.115.00
I INot incl~ inmon tlltlsoil I I
I I ,
54 I Acre IWeed managemem Pl'Ol!I'3IIl during con.mw:tion IS 200.00 I S 64.800.00
i'Thistle and weed control bv SPraT or other means I I
154 Acres lor tlIree VClIS. twice tlC1" vear I
,
11111111111I11111111111111111111111111111I1111111111111
423271 111/15/1911 a" sua 111'11 DAYIS SILYI
22 of 311 R 1Il.1II D II.. N 1Il.1III PITlCIN COUNTY co
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Aspen Highlands Village
Final Construction Management Plan
Revised October 5, 1998
Overview
This Construction Management Plan has been revised to reflect the comments and feedback
received from the County Engineer, Bud Eylar, at the annual pre-consuuction meeting held on
April 23, 1998, As agreed to at the meeting, this plan is intended to serve as:
. A vehicle of cooperntive understandings between the Developer and the County, to
be modified and amended (with mutual agreement from both parties) as required
. A source of ongoiong communication with the County's Public WorkslRoad &
Bridge Deparonent in an effort to keep the County informed of construction
activities, work progress, and to keep an open dialogue regarding construction issues
that effect the community
. An amended and approved plan for the 1998 construction schedule.
The County and the Developer reserve the right to make reasonable changes (with mutual
agreement form both parties) to the plan as needed.
In preparing the procedures and measures to be incorporated in the construction process for the
Aspen Highlands Base Village, it is important to understand both the goals of such programs and
the practical realities of the construction process. Our intent is to minimize impacts associated
with the construction of the Aspen Highlands Base Village improvements while allowing work. to
proceed in such a manner as to avoid prolonging the construction period. .
Travel Demand Measures (TDM) are most often thought of when discussing the progress of an
existing development or how to deal with potential impacts from a future development The
concept of utilizing TDM as a part of the construction and development process is a unique idea.
Typically, TOM will principally deal with mass transit incentives and auto disincentives.
However, other ideas have been investigated relative to TDM and the construction process.
Outlined below arc several measures the project proposes to implement as a part of the
construction process.
Travel Demand and Traffic Control Measures
The following Traffic Control Plan has been presented and approved by the County Engineer. It
will be self-performed by Gould Construction with their certified staff.
During the construction of the Aspen Highlands Base Village the following TDM and Traffic
Control program will be in effect:
. Delivery of construction raw materials will be prohibited during the peak tnffic periods.
This will limit such delivery access to Aspen Highlands Base Village from 8:00am to 8:30am
and from 2:50pm to 3:30pm. The exception to this will be scheduled concrete pours that arc
time-sensitive due to the quantity of concrete being placed or poured at one time.
. A public notification process through the local papers will be established. Pitkin County has
authorized a courtesy sign at the Maroon CreekIHwy 82 intersection.
. Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times.
. General Contractor acknowledges that County Road 19. McClain Flats Road, is posted for a
20- Ton Weight Limit. The General Contractor shall notifY all contractors/sub-contractors
~~11\IU!~11~J~ln!WJI~11UlIIU!lO!l~JI
24 of 311 It lI.1lII D lI.lIlI N lI.lIlI PITKIN COUNTY CO
'. -_...-.~ ....---.. .-._---.,._-------.~..._-------_.
involved in this project with this infonnation. The County shall strictly enforce the Weight
Limit:! on thia roAd.
. Sub-Contractors will be issued a limned number of parking pennits for their workers.
. General contractors wiil be required to provide a parking pian with their individual
construction contracts. The General ContraCtor will contact local bike shons with notification
relative to Maroon Creek Road. The Genernl Contractor will have to enfo~ public safety
issues relative to truck taffic and interface with pedestrians & cyclists.
. Contractors will be required to provide van-pooiing or car pooling programs as a pan of their
construction contraCt. Reduction in payment provisions shail be incorporated into the
contracts as a means of ensuring compliance.
. To the greatest extent possible raw materials will be Slockpiicd on site to try to consolidate
deliveries of materials in larger quantities (for example gravel).
. A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery
and contractor compliance with the TDM program.
. The covenants and design guidelines fur the individual neighborhoods will have provisions
regarding contractor parking on the streets.
. There will be no parking allowed on Maroon Creek Road or in the adjoining neighborhoods.
. The Developer and the County may make reasonable changes in the hours restricting hauling
activities. based upon changes in traffic loading on Maroon Creek Road and on seasonal
activities in the area. The County reserves the right to stop all hauling or constretion
activities on Maroon Creek Road for special events or activities (scheduled bike and/or road
races. etc.). The County will give the Developer reasonable notice of the imposition of
restrictions.
. The Developer acknowledges that hauling activities to and from the jobsite are reStricted to
the 12 bour period between 7:00 am and 7:00 pm. Monday through Saturday.
. The Contractor will make reasonable efforts to stage trucking activities on site to minimize
empty loads toIfrom the jobsite.
. Prior to each construction season there will be a meeting with RFT A. the Pitkin County
Sheriff's Office, the School Superintendent, the Pitkin County Director of Public Works and
the Developer to review the construction season work program and address any concerns
raised during the previous construction season.
In addition to the above measures., Aspen Highlands Base Village will plan and implement the
following programs:
FUl!itive Dust Control Plan
. Dust control will be implemented from start to finish of each construction season until the
project is complete.
. ContraCtors will be required to assume all responsibility for dust control and shall carry out
proper and efficient measures wherever and whenever dust control is necessary, thereby
minimizing dust damage and nuisance to persons and property.
. Contractors will also be required to control dust at the work site by the use of an adequate
number of water trucks or an effective palliative using such dust-laying equipment and
methods as may be required.
. To the greatest extent possible rnw material deliveries to and from the site will be water
sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from
construction operations.
~,"J~!:!:~J!~JL'=
.- ...-.--.-..-.__..__..&_________4_.
--
Public Notification Plan
. If it becomes necessary to reroute traffic on existing roadways due to construction related
activity, the responsible contractor will be required to notify the gencml public of the
detow(s) at least twenty-four (24) hourli in advance of the scheduled occurrence.
. All contractors will be required to notify public and/or private utility companies at least forty-
eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work
will commence until the utility company has located the utilities or written consent to proceed
has been issued. If utility service must be interrupted, contlactors will be required to notify
the appropriau: County authorities and the affected utility users at least twenty-four (24)
hours prior to intem1ption.
. . Notice will consist of the contractor's posting of prominent and easily read signs, distribution
of handbill notices, publication in a locai newspaper or a public announcement on local radio.
or any combination of these as may be appropriate.
Noise Control for Construction Eauinment
. The contractor will be required to comply with all applicable noise control regulations,
including the Pitkin County Noise Abatement Ordinance.
. All construction equipment operations shall be scheduled to operate only during daylight
hourli, i.e.. 7:00 a.m. to 7:00 p.m., Monday through Saturday.
.
I 111m 1111111111111I11111111111111111111I111111111-1111
423271 11115/1111 113,!3P SUI UI'Il DAVIS SILVI
21 of 3I,!. I.ee D II.. N 11.1111 PITKIN COUNTY sa..
, ~
During the peak season(s), Route # 1 will serve the Aspen Core.
Dial-a-ride vans will provide service on a fixed one-half hour
schedule generally following the route depicted on Figure 2. Three
check points ..,ill be established in Aspen, potentially at Mill
'Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park.
The vans will pass these checkpoints on each circuit route so
patrons are not required to call for service. '1'".0 vans will
provide one-half hour headways at the checkpoints.
The second destination, Route ;I 2 is the Aspen-Pitkin County
Airport. This '.ill be on demand service, similar to services
provided by other resorts in the Aspen area. At the time guests
make reservations to stay at AHV, they will be advised that car
rent:al is not necessary because of the alternative transit services
available. Departures to the airport will be scheduled ahead of
tillle.
Service Plan
Prior to initiation of service, AHV shall present a detailed
service plan to the RFTA for review. The plan shall include:
1. Estimate of demand;
2. Description of specific services including th.e number of
vehicles, spares, hours of operations and headways;
3. An organizational chart indicating manager and personnel
to provide services; and
4. service marketing plan.
AHV intends to offer dial-a-ride service seven days a week during
the winter and summer peak seasons. The Aspen core route will be
offered from 7 AM to midnight. Rider surveys will be utilized to
determine night service should run later in the evening.
service to the airport will be provided when the airport is
operating. The service will be available to all guests and
residents in AHV and the Moore PUD.
At the end of each of the first three years of operation AHV shall
submit an annual report to RFTA at the end of the winter season.
The report shall include:
1. statistics regarding ridership for the previous year;
2. Instances involving standees and missed trips, or trips'
requested but not provided; and
3, statistics regarding accidents and roadside calls.
Based upon the review of the annual report, changes in the levels
service may be made.
~~11\~/\"'J!I\\!l~I!IIW~!IUl~'1
28 0' 311 R e.1III D 8.ell II 11.11II PITlCIII COUNTY CO
Vehicl..
The service will operate vans capable of carrying as many as 12
passengers at one tillle with space for luggage and skis. Passengers
will be able to stand in the vehicles.
Eventually, three or four vans may be utilized when both
developments are fully occupied. Initially, the fleet will consist
of two vans and will be expanded as demand warrants. The vans will
be stored in the AHV parking area and will be maintained by local
mechanics in the Roaring Fork Valley. If necessary, another van (s)
will be rented if a van is out of service for repairs, and high
traffic is anticipated.
At least one of the vans in the fleet will be equipped with a wheel
chair lift for the handicapped.
Cost
The cost for providing this service has been projected based on
vehicle utiliza~ion and industry hourly costs to operate vehicles.
During the winter peak season, it is projected that passenger
productivity will vary between eight and 12 passengers per vehicle
per hour. Van costs are assumed to be $ 30. per van hour based on
the service being run. The cost to provide service is estilllated to
.
be $ 295,000 per year.
Van
11111111118 11111111I1111111111111111111111111111111111
423%71 11/15/1" 131!3P SIll IIW'R DAVIS SILVI
21 ., 38 R 1.11 D 1.11I N 1.11I PITKIN COUNTY CO
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Exhibit E
MAROON CREEK CORRIDOR
IMPROVEMENTS ESTIMATE
MAROON CREEK ROAD BIKE PATHIENTRY LANEAGE.
DESCRIPTION QUANTITY UNIT
UNIT COST TOTAL
EXCAVATION
314" ROADBASE
HBP
RETAINAGE
TRAFFIC CONTROL
SIGNAGElSTRIPING
SUBTOTAL
CONTINGENCY
2.500
2.aOO
2.200
2,200
1
1
CY
TON
TON
SF
LS
LS
15%
TOTAL PREUMINARY ESTIMATE
$ 6.00 $ 15.000.00
$ 19.00 $ 53.200.00
$ 45.00 S 99,000.00
$ 25.00 $ 55,000.00
$ 25.000.00 $ 25.000.00
$ 5,000.00 S 5,000.00
$252.200.00
$ 37,a30.00
$ 290,030.00
" This is an estimate for bike path ana entry laneage only and no costs resulting from sewer
improvements in Maroon Creek Road will be induded in the costs. As proposed in the
Aspen Highlands Village Application, $850,000 is committed to corridor improvements. All
costs related to Maroon Creek Road Bike Path (Public Trail)lEntry Laneage shall be paid
out of the $650,000 no matter wIIat the actual total ends up being. Any remaining funds
could be allocated toward other suggested Improvements In the corridor or toward overlay
improvements upon completion of tile Aspen Highlands Village project.
11111II1I1II1I11I11I1I1I1I11111I11I11I11I11I\llllfi 1111
423271 lll/l!/utl 13:. SUI ItII'It DAVIS SILVI
31 .t 311 R l.eIl D 1.11 N 1.11II PITKIN CClllllTY CCl
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ExhibitE
MAROON CREEK CORRIDOR
IMPROVEMENTS ESTIMATE
MAROON CREEK ROAD BIKE PATHIENTRY LANEAGE.
DESCRIPTION QUANTITY UNIT
UNIT COST TOTAL
2,500
2,800
2.200
2,200
1
1
EXCAVATION
314" ROAD BASE
HBP
RETAINAGE
- TRAFFIC CONTROL
SIGNAGElSTRIPING
SUBTOTAL
CONTINGENCY
TOTAL PRELIMINARY ESTIMATE
15%
CY
TON
TON
SF
L5
L5
$ 6.00 $ 15.000.00
$ 19.00 $ 53.200.00
$ 45.00 S 99,000.00
$ 25.00 S 55,000.00
$ 25.000.00 S 25,000.00
S 5,000.00 S 5.000.00
$252,200.00
$ 37,830.00
$ 290,030.00
" This is an estimate for bike path and entry laneage only and no costs resulting from sewer
improvements in Maroon Creek Road will be included in the costs. As proposed in the
Aspen Highlands Village Application, $850,000 is commitled to corridor improvements. All
costs related to Maroon Creek Road Bike Path (Public Trail)/Entry Laneage shall be paid
out of the $850,000 no matter what tile adualtotal ends up being. Any remaining funds
could be allocated toward otller suggested improvements in tile corridor or toward overlay
improvements upon completion of the Aspen Highlands Village projeCt.
1111\111111\111111111I1111111111111\11118 11m 11\11111\
423271 11/15/1811 l3:e3P SUI I..1t DAYIS SILYI
311 .r 311 It 1.11 D 1.11 N I,ll PITIC1N COUHTT co
- -
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Tne Moore Famil~ PUD
Grass Mix Information
rass mix will matc;h the existin rasses:
Il<entuc;k Blue poa rotensis
IShee Fesc;ue Festuc;a ovina
,Orc;hard Grass Dac;t lis lomerata
lSmooth Brome I Bromus inermis
Timoth Grass i Phleum ratense
IRo al Penstemon Penstemon stric;tus
'Show~ Golden-E e Vi uera multiflora
iAster Aster bi lovil
Blue Flax Linum lewisii
iL.u ine L.u inus erennis
Mule's Ears ethia am lexic;aulis
L..arks ur Del hinium a 'ac;is
I
I
I
I For areas where there is existin dr
iKentuc;k~ Blueqrass ,Poa protensis
I
0.08
0.08
0.15'
0.351
0.151
0.05
0.02
0.021
0.02'
0.02
0.02
0.02
100.00%'
iSheeo Fesc;ue ! Festuc;a ovina I 0.08 I
I I
Orc;hard Grass I Dac;tulis alomerata 0.08 I I
C,mooth Brome Bromus inermis i 0.31 , 1
I I
Tlothu Grass Phleum oratense 0.15 , I
:Saae Artimisia tridentata i 0.1
Rabbitbrush Ghrusothamnus nauseosi 0.031 I
'Snowberru i SUmohoricaroos oreoo 0.03 I
!
. Servic;eberru Amelanc;hier alnifolia 0.03 I
iRoual Penstemon Penstemon stric;tus 0.02 !
i
iShowu Golden-File Viauera multiflora : 0.02 I
.Aster I Aster bkllovii I 0.02
Blue Flax
I L.inum lewisii
I
0.02,
,L.uoine L.uoinus oerennis I I , I
0.02
IMule's Ears ~lJethia amolexic;aulis 0.02 I
i L.arksour Delohinium a iac;is 0.02
i 100.00%1
I I
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MEMORANDUM
TO: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director
FROM: Sarah Oates, Zoning Officer
DATE: May 25, 2004
SUBJECT: Aspen Highlands Village PUD and Moore Family PUD
Finding of Substantial Compliance-Subdivision Improvements
Agreement
Hines Highlands Limited Partnership has requested the City of Aspen makes finding that
the developer is in substantial compliance with the conditions of the Subdivision
Improvements Agreement (SIA) for both Aspen Highlands Village and Moore Family
PUDs.
Attached please find a memorandum from the Transportation Department outlining a
revised dial a ride program from what was initially approved (Exhibit A). Also attached
is a memorandum from the Housing Authority summarizing the employee generation
audit for the Aspen Highlands Village PUD (Exhibit B). Finally, staff has included the
SIAs for both subdivisions. Other relevant referral departments have confirmed with the
Community Development Department the SIA obligations have been met at both
subdivisions.
Staff recommends Council make a "Finding of Substantial Compliance" with regards to
the requirements of the Subdivision Improvements Agreement for both Aspen Highlands
Village PUD and Moore Family PUD.
o
:)
8. The Detailed Submission Approval requires compliance with all material
representations made in the land use applications, supplemental materials and in public
meetings.
On or about September 2, 1997 Hines presented a grading plan as part of the public
approval process. Sheets L-200 and L-204 ("Maroon Neighborhood Grading Plan")
show a common driveway installed to provide access to Lots 13, 14 and 15. No such
driveway has ever been installed. At least one version of Sheet L-204 shows a "concrete
driveway". The Maroon Neighborhood Grading Plan was included as a portion of the
Detailed Submission.
9. The Planned Unit Development Guide recorded as Reception No. 423274
states"
"In limited instances; Hines Highlands Partnership may construct a driveway
retaining wall outside of the Activity Envelopes which is not depicted on
drawings L-200 (Site Plan), L-204 (Maroon Creek Neighborhood Grading Plan)
and L-204 (Thunderbowl Neighborhood Grading Plan), when the Pitkin County
Engineer determines that the construction of retaining wall reduces site impacts"
It is our understanding that the Pitkin County Engineer has never made such a
determination with respect to the retaining wall that was built in the access easement for
Lot 13, 14 and 15,.
10. Sheets L-200 and L-204 are attached as Exhibits to the Planned Unit
Development Guide, and constitute a representation as to the obligations of the
Developer.
11. We would propose that as a condition of any finding of substantial
compliance with the Subdivision Improvements Agreement that Hines be required to
escrow $25,000.00 (an amount it has offered in settlement of this dispute) in an escrow
account to secure its responsibilities, and that the parties agree to binding arbitration. The
amount in the escrow account would not be a limitation on the amount that might be
awarded in the arbitration. There is an action pending in Pitkin County District Court
Civil Action No. 02 CV 104 regarding this matter which would be stayed as to Hines if
arbitration is agreed upon.
John McCormick
o
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McCormick Properties LLC
P.O. Box 1067
Aspen, Co. 81612
970 920 4700 -0
9709488047-C
970 920 4719 -F
www.aspenluxurv.com
May 19, 2004
Sara Oates
Community Development
Re: Highlands SIA non-compliance
Dear Sara,
As per our discussion I do not feel that Hines Development has completed its
obligations per the Subdivision Improvement Agreement.
My Reasons:
1. Certain lots in the subdivision are served by a "common driveway" and do not
have direct access to the public roads.
2. In all purchase contracts, Hines agreed to build the roads and the common
portions of the driveways.
3. Hines built a wall in the common driveway easement for Lots 13, 14 and 15.
This is the wall you are already aware of.
4. Hines did not install a common driveway that could be accessed by Lots 13, 14
and 15.
5. In the sale of Lots 13, 14 and 15, it was anticipated that there would be a
common driveway easement. This common driveway easement is referenced in the
Declaration, and an unsigned draft is included in the materials provide to all buyers.
6. Hines failed to record the Common Driveway Easement for Lots 13, 14 and
15. The common driveway easement clearly contemplates that the common drive shall
have already been built, as a common driveway easement anticipates maintenance and
repairs issues among the lot owners using a common driveway, but has no specific
language on construction of the actual common driveway.
7. The Subdivision Improvements Agreement requires the roads to be installed in
compliance with the Detailed Submission Approval.
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MEMORANDUM
TO:
Julie Ann Woods, Community Development
FROM:
Cindy Christensen, Housing Office
DATE:
May 6, 2004
RE:
ASPEN HIGHLANDS VILLAGE EMPLOYEE AUDIT
ISSUE: When the Aspen Highlands Village PUD was approved, a condition of the approval was
that "An audit of full-time employees shall be conducted at the applicant's expense one year after
completion of Phase Four. The applicant shall be responsible for housing mitigation of any
employee generation over and above that contemplated at the time of Detailed Subdivision
approval. If the required audit shows a reduction in employee generation, the applicant may seek a
credit to be used on other Pitkin County projects."
BACKGROUND: Hines Highlands Limited Partnership (HHLP) contracted Haas Land Planning,
LLC to conduct the employee audit for the Aspen Highlands Village project. The use of Haas Land
Planning LLC was approved by the Housing Office as an impartial third party to conduct the audit.
The audit concluded that the Ritz-Carlton Club maintains about 14.75 more FTE's than had been
accounted for by the approved generation factors. However, the audit showed that HHLP and the
Aspen Ski Company maintained approximately 23.45 and 6.18, respectively, fewer FTE's than
expected at the time of the approvals. The total FTE's of the PUD are to be considered; therefore,
the final conclusion of the audit holds that the Aspen Highland Village PUD generates about 14.89
fewer FTE's than were expected to be generated when the approvals were granted.
The calculations presented were correctly computed, but remain subject to limitations. Those
limitations are stated below:
I. The annual man-hour figures in the audit are based on data provided by the Ritz-Carlton
Club, Hines Highlands Limited Partnership and the Aspen Ski Company. Data was not
independently obtained from or documented in State records or any other source.
2. Where a space remains vacant or a tenant did not provide information, the audit used the
approved employee generation rates to result in neither a shortfall nor a surplus of FTE's
attributable to that space.
Mitch Haas stated that an audit can only be as good as the data on which it is based, and not all
tenants had been able to provide multi-year data. It was impossible for Mr. Haas to extrapolate
meaningful trends or even arrive at meaningful averages.
,iI''''''.'
....
"--
#
RECOMMENDATION: The Housing Board reviewed the findings of the audit and concluded the
following:
I. Hines Highlands Limited Partnership has satisfied their mitigation requirement for the
development of Aspen Highlands Village.
2. The audit concluded that there is a credit of 14.89 FTE's.
3. Condition 16 of BOCC Resolution No. 97-167 allow the Hines Highlands Limited
Partnership to seek a credit to be used on other Pitkin County projects.
4. At such time that Hines Highlands Limited Partnership would want to utilize any of the
14.89 FTE credits, approval would need to be received from the appropriate elected body
and the amount utilized to be noted in a recorded document until such time as all of the
credits are utilized.
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MEMORANDUM
TO:
John Worcester, Julie Ann Woods, and Sarah Oates
THRU:
Randy Ready
JohnD. Krueger r
Aspen Highlands Village & Moore Family PUD
Finding Of Substantial Compliance-Transportation Requirements
FR:
RE:
DATE
April 26, 2004
Attached is my draft of a document that will serve as the "closure" to transportation
requirements in the SIAs for the Aspen Highlands Village and the Moore Family PUD.
We have been working and negotiating these with Hines and the Metro Districts for quite
a while now. Some ofthe conditions in the SIA have been complied with previously.
The main sticking point has been compliance with the Dial A Ride requirements Staff
now feels that this issue has been resolved and that the proposed solution meets or
exceeds the original requirements.
With this resolution, the Transportation staff feels that it is now ready to go forward to
City Council and present this packages as meeting the transportation requirements in the
SIAs. This completion would also help in closing out both ofthese developments for the
developer and the Metro Districts.
Can you please review the attached memo "draft" and advise me as to the proper process
that this needs to follow and review as to the proper form and content of the documents.
After your help I will change as needed and then send the documents to Hines and the
Metro Districts. Right now, I am hoping to get this on the May 10, Council agenda.
Let me know if a meeting is the best format to review this and I will set one up.
Thanks for your help and quick attention to this matter.
-
-
'-,,'
PUBLIC NOTICE
RE: ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD)
FINDING OF SUBSTANTIAL COMPLIANCE WITH THE SUBDIVISION
IMPROVEMENTS AGREEMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 25, 2004, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, Aspen City Hall Council Chambers,
130 S. Galena Street to make finding of substantial compliance with the Aspen Highlands Village
PUD Subdivision Improvements Agreement (SIA). The request is to formally confirm that the
requirements of the SIA have been performed by the developer. For further information, contact
Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen,
CO (970) 920-5441, sarahola!ci.aspen.co.us.
Sf Helen Kalin K1anderud. Mavor
Aspen City Council
"''''''''''
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PUBLIC NOTICE
RE: MOORE PLANNED UNIT DEVELOPMENT (PUD) FINDING OF SUBSTANTIAL
COMPLIANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 25, 2004, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, Aspen City Hall Council Chambers,
130 S. Galena Street to make finding of substantial compliance with the Moore PUD Subdivision
Improvements Agreement (SIA). The request is to formally confirm that the requirements of the
SIA have been performed by the developer. For further information, contact Sarah Oates at the City
of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441,
saraholaJ,ci.aspen.co. us.
Sf Helen Kalin Klanderud. Mavor
Aspen City Council
-
-,
-
...;
130 S. Galena SI.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
City of Aspen
Community
Development
Department
Fax
To: Bob From: Sarah Oates
Fax: 920-3829 Pages:
Phone: Date: September 27, 2004
Re: AHV resolution CC:
o Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle
. Comments: Hi Bob-
Here is a signed copy of the reso. for AHV. Let me know if you need anything else. Thanks.
....'
'-
RESOLUTION NO. 18'
(Series 2004)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING
SUBST ANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE SUBDIVISION
IMPROVEMENTS AGREEMENT (SIA) FOR ASPEN HIGHLANDS VILLAGE PLANNED UNIT
DEVELOPMENT (PUD)
WHEREAS, a request was received by the Community Development Department from the Hines
Highlands LLC and Zoom Flume LLC for the City to confirm the developer's substantial compliance
with the conditions of the SIAs for the Aspen Highlands Village PUD; and
WHEREAS, the request was forwarded to the City of Aspen Engineering, Parks, Housing,
Transportation, Environmental Health and Water Departments and the Aspen Consolidated Sanitation
District and any comments received from those departments are attached; and
WHEREAS, during a public meeting on September 13, 2004, the City Council made finding of
substantial compliance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
SECTION 1:
The Aspen City Council does hereby find the Aspen Highlands PUD in substantial compliance with the
requirements of the Subdivision Improvements Agreement including the Transportation Plan revisions
attached as Exhibit 2 The Revised Transportation Plan for Aspen Highlands Village PUD and Moore
Family PUD.
APPROVED by the Aspen City Council as its regular meeting September 13, 2004.
Approved as to form:
/~~&?b'~
~este, ity Attorney
Attest: