HomeMy WebLinkAboutcoa.lu.pu.Aspen Mountain Lodge.1985
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AGREEM~
PLANNED UNIT DEVELOPMENT/SUBDIVISION
ASPEN MOUNTAIN SUBDIVISION
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THIS AGREEMENT, made and entered into this WI:> day of
')f::.~:E1M r5'6--e.
, 1985, by and between the CITY OF ASPEN,
COLORADO, a municipal corporation and home-rule city (hereinafter
referred to as "City"), and JOHN H. ROBERTS, JR. (hereinafter
referred to as "Owner"),
WIT N E SSE T H:
WHEREAS, Owner has submitted to the City for approval, exe-
cut ion and recording a Final Subdivision and Planned Unit Devel-
opment (P.U.D.) Plat (hereinafter referred to as the "Plat") per-
taining to the development of a hotel and residential project
known as the "Aspen Mountain PUD/Subdivision" (hereinafter
referred to as the "Project") on those certain contiguous parcels
of real property situated in the City of Aspen, County of Pitkin,
State of Colorado and more particularly described on Schedule 1
attached hereto and made a part hereof by this reference; and
WHEREAS, the Plat formally divides the subject property into
five (5) independent parcels of land, which parcels may be
described as follows:
(a) Lot 1 (sometimes herein referred to as "Hotel Phase
In) i
(b) Lot 2 (sometimes herein referred to as "Summit Place");
(c) Lot 3 (sometimes herein referred to as "Top of Mill");
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(d) Lot 4 (sometimes herein referred to as "700 South Galena"); and
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(e) Lot 5 (sometimes herein referred to as "Hotel Phase II").
The exact legal descriptions of each of such parcels are set
forth on said attached Schedule 1; and
WHEREAS, all of the development elements of the Project have
received the requisite conceptual, preliminary and final
approvals from the City except the Top of Mill component thereof,
which requires further geologic study and evaluation during the
spring and summer of 1985 before it can receive Preliminary and
Final P.U.D. consideration; and
WHEREAS, the City has fully considered the subject Plat and,
with the exception of the Top of Mill component of the P.U.D.,
the proposed development and improvement of the lands therein and
the anticipated benefits and burdens to other adjoining or neigh-
boring properties and the downtown area in general by reason of
the proposed development and improvement of the lands included in
the Plat; and
WHEREAS, the City is willing to approve, execute and accept
for recordation said Plat upon the agreement of Owner to the mat-
ters hereinafter described, subject to all of the requirements,
terms and conditions of the City of Aspen Subdivision and P.U.D.
Regulations now in effect and such other laws, rules and regula-
tions as are or may become applicable, and subject to the under-
standing that at such time as the Top of Mill component receives
Final P.U.D. approval, this Agreement shall be restated and
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amended to reflect such fact and to incorporate all conditions
and assurances that may reasonably be required by the City in
connection with such approval; and
WHEREAS, the City has imposed conditions and requirements in
connection with its approval, execution and acceptance for
recordation of the Plat, and such matters are necessary to pro-
teet, promote and enhance the public health, safety and welfare;
and
WHEREAS, under the authority of Section 20-16(c) and Section
24-8.1 et ~ of the Aspen Municipal Code, the City is entitled
to assurances that the matters hereinafter agreed to will be
faithfully performed by Owner and Owner's successors and assigns;
and
WHEREAS, Owner is willing to enter into such agreements
with, and to provide such assurances to, the City.
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, and the approval, execution and
acceptance of the Plat for recordation by the City, it is agreed
as follows:
A. PROJECT CONSTRUCTION SCHEDULES
Owner and City mutually acknowledge that exact construction
schedules cannot be submitted at this time. Owner anticipates
that the several components of the Project will be constructed
generally in accordance with the following time frames, which
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time frames shall not constitute binding representations or
schedules:
700 South Galena
Commencement Date Substantial Completion Date
(on or after) (on or after)
March, 1986 February, 1988
March, 1987 December, 1987
March, 1987 December, 1987
March, 1990 December, 1992
Development Component
Hotel Phase I
Summit Place
Hotel Phase II
Top of Mill
(Phased Construction)
(Premature - to be established by amendment
to this Agreement)
At the time of application for a Building Permit for a particular
development component of the Project, and as a condition prece-
dent to the issuance thereof, Owner agrees to provide the City
Engineering Department with a detailed Construction Schedule for
that component, to the satisfaction of the City Engineer and
Chief Building Official in the exercise of their reasonable dis-
cretion, which Construction Schedule shall particularly address
how construction phasing and other techniques within each compo-
nent will best accommodate under the circumstances (a)
barricading and provision of pedestrian protection, (b) mainte-
nance of adequate public vehicular access and circulation in the
development area, (c) excavation access and large truck traffic
circulation and staging areas, (d) disposal of demolition and
excavation materials, (e) delivery and storage of major construc-
tion materials, (f) construction equipment access and storage,
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(g) contractor vehicle parking, and (h) compliance with City
noise regulations. Each of such Construction Schedules shall be
verified by the City Engineer and the Chief Building Official and
(if the City so desires) recorded as a supplementary exhibit
hereto. Every 90 days thereafter until substantial completion of
the related development component, Owner shall provide the City
Engineering Department with a Status Report on that Construction
Schedule which generally describes the accomplishments of the
preceding 90 days and those anticipated during the next 90 days.
Amendments to a particular Construction Schedule which, in the
view of the City Engineer, represent a substantial deviation from
the original Construction Schedule, shall be processed in accor-
dance with the extension procedures established in Section M
hereof, and shall also be verified by signatures of the City
Engineer and Chief Building Official and (if the City so desires)
recorded as supplementary exhibits hereto.
B. HOTEL PHASE I
The Hotel Phase I component will be comprised of not more
than 300 lodge units and not more than 14 residential units, with
the exact number of such units to be established in the building
permit application for Hotel Phase I. The total F.A.R. floor
area in this component shall not exceed 200,000 square feet, and
the total non-F.A.R. floor area shall not exceed 105,000 square
feet, subject to the understanding that the F.A.R. floor area
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maximum is exclusive of the approximately 26,783 square feet of
covered port cocheres, colonnade between the chateaus and parking
ramps to the underground garage which are contained in Hotel
Phases I and II together.
1. Site Improvements - Hotel Phase I. Prior to the issu-
ance of a Certificate of Occupancy for Hotel Phase I, and as a
condition precedent thereto, Owner shall and hereby agrees to
accomplish the following Section 20-16 improvements in the proj-
ect area:
(a) Owner shall relocate underground all electrical,
telephone and cable television lines which presently exist above
ground within the Project boundaries and along the portion of
Monarch Street which adjoins Lot 1, with the possible exception
in Owner's discretion of (i) those lines along vacated Dean
Street between South Galena and Mill Streets, and (ii) the line
along the easterly boundary of Lot 4, in accordance with the
plans, profiles and specifications contained in the final Aspen
Mountain P.U.D. Utility Plan (Sheet Ul) prepared by Rea, Cassens
& Associates, Inc. and recorded (as a part of the Plat) in Plat
Book ~ at page ~ of the Pitkin County real property records
(hereinafter referred to as the "Utility Plan"), which Utility
Plan shall be deemed incorporated herein by this reference, and
pursuant to other normal City specifications.
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(b) Owner shall provide and install a new twelve inch
(12") water main in South Galena Street from the Durant/Galena
intersection to the Mill/Galena intersection, and a
cross-connection between the existing 6" and 8" water lines in
Monarch Street, and shall relocate the existing Mill Street sewer
line in an easterly direction across Lot 5 to connect with the
existing 8" sewer line in South Galena Street, all in accordance
with the Utility Plan and pursuant to other normal City specifi-
cations.
(c) Owner shall provide and install four (4) new fire
hydrants within or adjacent to the Project area in accordance
with the Utility Plan and pursuant to other normal City specifi-
cations.
.
(d) Owner shall provide and install the storm sewer
enlargement and extension along Mill Street between Cooper and
Durant Streets, and then along Durant Street to South Galena
Street, and then southerly along South Galena Street to a point
between Lot 5 and Lot 4, in accordance with the Utility Plan and
pursuant to other normal City specifications.
(e) Owner shall construct new sidewalks, curbs and
gutters along the entire Project frontage on Monarch Street,
along the Westerly side of Mill Street between Dean Street and
the Southerly boundary of Lot 1 on Mill Street, and along the
Southerly side of Durant Street between Monarch Street and the
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Westerly boundary of the Mountain Chalet property, in accordance
with the Aspen Mountain Lodge Project Landscape Plan (Sheets Ll
through LIO) prepared by Berridge Associates, Inc. and recorded
(as a part of the Plat) in Plat Book I g
at page
1- of the
Pitkin County real property records (hereinafter referred to as
the "Landscape Plan"), which Landscape Plan shall be deemed in-
corporated herein by this reference, and pursuant to other normal
City specifications. In addition, Owner shall repair or replace
any other existing (or newly installed) sidewalks, curbs or
gutters that may be damaged during construction.
(f) Owner shall provide and install enriched paving at
the Durant Street/Mill Street intersection, at the Dean
Street/Mill Street intersection, at the Dean Street/Monarch
Street intersection, and along Mill Street between Durant Street
and Dean Street, in accordance with the Landscape Plan and pursu-
ant to other normal City specifications.
(g) Owner shall construct and pave an eight foot (8')
wide path within those portions of the "Alpine Trail" easement
located within Lots 1 and 5, Aspen Mountain Subdivision.
(h) Owner shall clear and grade a thirty foot (30')
wide ski trail, and shall gravel or otherwise surface as required
an eight foot (8') wide pedestrian trail, within the entire
length of the "Aspen Mountain Trail" easement upon and through
Lots 1, 2 and 3 of the Aspen Mountain Subdivision.
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(i) Owner shall construct (grade, gravel, and chip and
seal) the South Galena Street realignment between Lot 4 and Lot
5, Aspen Mountain Subdivision, in accordance with the Utility
Plan and the Landscape Plan and pursuant to other normal City
specifications.
(j) Owner shall, prior to November 15 of the year fol-
lowing the year in which Hotel Phase I construction is commenced,
accomplish the reconstruction and repaving of so much of the sur-
face of South Mill Street within the Project Area as may have
been damaged or destroyed during Owner's construction of under-
ground facilities, in accordance with the Utility Plan and the
Landscape Plan and pursuant to other normal City specifications.
2. Landscaping Improvements - Hotel Phase I. In accordance
with Section 24-8.16 of the Municipal Code, all required
landscaping for Hotel Phase I shall substantially conform to the
Landscape Plan. Said Landscape Plan depicts and describes the
nature, extent and location of all plant materials at mature
sizes in appropriate relation to scale, species and size of
existing plant material, flower and shrub bed definition, a plant
material schedule with common and botanical names, sizes and
quantities, proposed treatment of all ground surfaces (e.g., pav-
ing, turf, gravel, terracing, etc.), irrigation water systems,
decorative water features, retaining walls, fencing, benches,
site lighting, and all other agreed-upon landscape features.
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Such landscaping shall be completed in a logical sequence commen-
sur ate with the staging of improvements as contemplated in the
Hotel Phase I Construction Schedule, but in no event later than
one (1) year after the date of issuance of the Certificate of
Occupancy for Hotel Phase I. It is the mutual understanding of
the parties that a Certificate of Occupancy may in fact issue for
Hotel Phase I even though the landscaping improvements related
thereto have not yet been completed, so long as the portion of
the financial guaranty provided for in Paragraph B(3) hereof
which covers the estimated cost of such unfinished landscaping
remains available to the City pursuant to the terms of said Para-
graph B( 3) .
3. Financial Assurances - Hotel Phase I. In order to
secure the performance of the construction and installation of
the site and landscaping improvements described in Paragraphs
B(l) and B(2) above, and to guarantee one hundred percent (100%)
of the current estimated cost of such improvements, which esti-
mated cost is approved by the City Engineer to be $1,700,000 (as
such amount may be updated from time to time as herein provided),
Owner shall guarantee by irrevocable bond, sight draft or letter
of commitment or credit from a financially responsible lender
that funds in the amount of such estimated cost are held by it
for the account of Owner for the construction and installation of
the above-described improvements. Said guaranty shall be
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delivered to the City prior to the issuance to Owner of a build-
ing permit for Hotel Phase I of the Project, shall be in a form
acceptable to the City Attorney and the City Manager, and shall
give the City the unconditional right, upon default by the Owner,
to withdraw funds as necessary and upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party, with any
excess guaranty amount to be applied first to additional adminis-
trative or legal costs associated with any such default and the
repair of any deterioration in improvements already constructed
before the unused remainder (if any) of such guaranty is released
to Owner. As portions of the required improvements are com-
pleted, the City Engineer shall inspect them, and upon approval
and written acceptance, he shall authorize the release from the
guaranty delivered by Owner of the agreed estimated cost for that
portion of the improvements except that ten percent (10%) of the
estimated cost shall be withheld until all proposed improvements
are completed and approved by the City Engineer. Provided, that
the withheld ten percent (10%) which relates to the improvements
described in Paragraph B(l) above shall be released by City upon
completion and approval by the City Engineer of all such Para-
graph B(l) improvements and regardless of the stage of completion
of landscape improvements described in Paragraph B(2) above.
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The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
able guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements to accepted standards of good workmanship
for a period of one (1) year from and after acceptance thereof in
writing by the City.
In addition to this warranty, the Owner
shall obtain from its contractors customary warranties of good
workmanship with the City as beneficiary, with respect to all
improvements required by Paragraphs B(l) and B(2).
It is the express understanding of the parties that the pro-
cedure set forth in Section M of this Agreement regarding
non-compliance shall not be required with respect to the enforce-
ment and implementation of the financial assurances set forth
herein and required by Section 20-16(c) of the Municipal Code.
4. Employee Housing - Hotel Phase I. As an inducement to
the City to approve the Aspen Mountain P.U.D.jSubdivision, Owner
has agreed to and does hereby acknowledge its obligation to pro-
vide off-site employee housing for employees in connection with
the Hotel Phase I component of the Project. Accordingly, Owner
agrees that (i) in the case of Ute City Place, contemporaneously
with the issuance of a Certificate of Occupancy for Ute City
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Place, (ii) in the case of the Alpina Haus Lodge and the Copper
Horse Lodge, contemporaneously with the issuance of a Certificate
of Occupancy for Hotel Phase I, and (iii)
in the case of the
Hunter Longhouse, prior to the recording of this Agreement in the
Pitkin County records, Owner shall deed-restrict (or shall
already have deed-restricted) units for employee housing as fol-
lows:
(a) Alpina Haus: Forty-three (43) units, comprised of
40 hotel rooms, 2 studio apartments and 1 dorm apartment, and
housing a total of 46 employees, shall be dedicated for fifty
(50) years to City employee housing rental only guidelines and
restrictions, with rents (including all common utilities) not to
exceed 25% of the employees' average monthly income or $250.00
per month per person, whichever is less. Provided always, that
rental prices shall be indexed to the annually adopted employee
housing guidelines approved by the City.
(b) Copper Horse: Fourteen (14) units, comprised of
one I-person room, six 4-person rooms, four 3-person rooms and
three 2-person rooms, and housing a total of 43 employees, shall
be dedicated for fifty (50) years to City employee housing rental
only guidelines and restrictions, with rents (including all com-
mon utilities) not to exceed 25% of the employees' average
monthly income or $200.00 per month per person, whichever is
less. Provided always, that rental prices shall be indexed to
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the annually adopted employee housing guidelines approved by the
City.
(c) Ute City Place: Twenty-two (22) units, comprised
of 6 studios, twelve I-bedroom units, and four 2-bedroom units,
and housing a total of 37 employees, shall be dedicated for fifty
(50) years to City employee housing moderate income rental and
sale price guidelines and restrictions.
The employee housing commitments described in
subparagraphs (a), (b) and (c) above shall be performed in the
following manner. Contemporaneously with the execution of this
Agreement, Owner has signed, acknowledged and delivered into
escrow with the Aspen City Clerk three (3) separate "Dedications
of Real Property to Employee Housing Restrictions and Guidelines"
covering the Alpina Haus Lodge, the Copper Horse Lodge, and Ute
City Place, respectively, which Dedications are to be held by the
City Clerk subject to the following instructions. At the same
time that the City issues and delivers to Owner a valid and
effective Certificate of Occupancy for Ute City Place, the City
Clerk shall and is hereby authorized, empowered and instructed to
record in the Pitkin County, Colorado real property records the
Dedication covering Ute City Place. Similarly, at the same time
that the City issues and delivers to Owner a valid and effective
Certificate of Occupancy for Hotel Phase I, the City Clerk shall
and is hereby authorized, empowered and instructed to record in
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the Pitkin County, Colorado real property records the remaining
two (2) of the above-described Dedications.
Owner agrees to confirm to City the status of title to the
above-described employee housing properties as follows: At the
time that Owner applies for a Certificate of Occupancy for Hotel
Phase I, Owner shall deliver to the City Attorney a current
Owners' and Encumbrancers' Report issued by a local title insur-
ance company covering each of said properties, together with
either a release or a subordination of any monetary liens dis-
closed by such Reports as those liens may affect the subject Ded-
ications. Finally, Owner covenants that from and after the date
hereof any entities lending funds secured by such employee hous-
ing properties shall be given actual notice of the Dedication
requirements contained in this Agreement.
(d) Hunter Longhouse: For and in consideration of
(i) the making by Owner of a $250,000 subordinated equity capital
investment in the Hunter Longhouse project, which funds have
already been delivered and receipted for, and (ii) the recording
in Book ~D at page 646 of the Pi tkin County records of a "Ded-
ication of Real Property to Employee Housing Restrictions and
Guidelines" covering the Hunter Longhouse project executed by
Owner, the City, the Board of Pitkin County Commissioners, and
Aspen-Pitkin Employee Housing, Inc., Owner has been credited with
housing a total of 56 employees. Owner's remaining employee
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housing obligation for Hotel Phase I is 40 employees. Accord-
ingly, upon the City's issuance to the Owner of a valid and
effective Certificate of Occupancy for Hotel Phase I, 40 of said
56 employee housing credits shall be deemed automatically allo-
cated to and consumed by the Hotel Phase I component of the proj-
ect.
6. On-Site Parking - Hotel Phase I. Prior to the issuance
of a Certificate of Occupancy for Hotel Phase I, and as a
condition precedent thereto, Owner shall have constructed two
hundred fourteen (214) subsurface parking spaces within or adja-
cent to Lot 1 of the Aspen Mountain Subdivision, and shall have
provided sixteen (16) permanent service vehicle berths and/or
guest loading spaces along the South side of vacated Dean Street
within Lots 1 and 5. In addition, Owner shall have provided one
hundred twenty-one (121) temporary parking spaces within Lot 5,
such spaces to be sited approximately as follows:
(a) 55 spaces - surface lot on westerly
portion of Lot 5
(b) 18 spaces - surface lot on easterly
portion of Lot 5
(c) 28 spaces - Continental Inn garage
(d) 7 spaces - service vehicle berths and/or
guest loading along South side of vacated Dean
Street
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(e) 13 spaces - parallel parking along North
side of vacated Dean Street
The above-described subsurface and surface parking
spaces (351 in all) represent the aggregate number of on-site
parking spaces which Owner is required to provide in connection
with Hotel Phase I of the Project and the Continental Inn renova-
tion, including those spaces required for the residential units
in Hotel Phase I.
C. SUMMIT PLACE
1. Site Improvements - Summit Place. The Summit Place
component will be comprised of 3 two-bedroom residential units
containing an aggregate of approximately 7,668 square feet of
floor area. Prior to the issuance of a Certificate of Occupancy
for Summit Place, and as a condition precedent thereto, Owner
shall and hereby agrees to accomplish the following Section 20-16
improvements in the Summit Place area:
(a) Owner shall construct a new sidewalk, curb and
gutter along the westerly side of Mill Street as it abuts Lot 2,
Aspen Mountain Subdivision, and shall construct a new sidewalk
along the Northerly side of the "Summit Street Easement" within
Lot 3, Aspen Mountain Subdivison, in accordance with the Utility
Plan and pursuant to other normal City specifications.
In add i-
tion, Owner shall repair or replace any other existing (or newly
installed) sidewalks, curbs or gutters that may be damaged during
construction.
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2.
Landscaping Improvements - Summit Place.
In accordance
with Section 24-8.16 of the Municipal Code, all required
landscaping for Summit Place shall substantially conform to the
Landscape Plan (Sheets L9 and LIO). Said Landscape Plan depicts
and describes the nature, extent and location of all plant mate-
rials at mature sizes in appropriate relation to scale, species
and size of existing plant material, flower and shrub bed defini-
tion, a plant material schedule with common and botanical names,
sizes and quantities, proposed treatment of all ground surfaces
(e.g., paving, turf, gravel, terracing, etc.), irrigation water
systems, decorative water features, retaining walls, fencing,
benches, site lighting, and all other agreed-upon landscape fea-
tures. Such landscaping shall be completed in a logical sequence
commensurate with the staging of improvements as contemplated in
the Summit Place Construction Schedule, but in no event later
than one (1) year after the date of issuance of the Certificate
of Occupancy for Summit Place.
It is the mutual understanding of
the parties that a Certificate of Occupancy may in fact issue for
Summit Place even though the landscaping improvements related
thereto have not yet been completed, so long as the portion of
the financial guaranty provided for in Paragraph C(3) hereof
which covers the estimated cost of such unfinished landscaping
remains available to the City pursuant to the terms of said Para-
graph C(3).
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3. Financial Assurances - Summit Place. In order to secure
the performance of the construction and installation of the site
and landscaping improvements described in Paragraphs C(l) and
C(2) above, and to guarantee one hundred percent (100%) of the
current estimated cost of such improvements, which estimated cost
is approved by the City Engineer to be $30,000 (as such amount
may be updated from time to time as herein provided), Owner shall
guarantee by irrevocable bond, sight draft or letter of commit-
ment or credit from a financially responsible lender that funds
in the amount of such estimated cost are held by it for the
account of Owner for the construction and installation of the
above-described improvements. Said guaranty shall be delivered
to the City prior to the issuance to Owner of a building permit
for Summit Place, shall be in a form acceptable to the City
Attorney and the City Manager, and shall give the City the uncon-
ditional right, upon default by the Owner, to withdraw funds as
necessary and upon demand to partially or fully complete and/or
pay for any of such improvements or pay any outstanding bills for
work done thereon by any party, with any excess guaranty amount
to be applied first to additional administrative or legal costs
associated with any such default and the repair of any deteriora-
tion in improvements already constructed before the unused
remainder (if any) of such guaranty is released to Owner. As
portions of the required improvements are completed, the City
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Engineer shall inspect them, and upon approval and written accep-
tance, he shall authorize the release from the guaranty delivered
by Owner of the agreed estimated cost for that portion of the
improvements except that ten percent (10%) of the estimated cost
shall be withheld until all proposed improvements are completed
and approved by the City Engineer. Provided, that the withheld
ten percent (10%) which relates to the improvements described in
Paragraph C(l) above shall be released by City upon completion
and approval by the City Engineer of all such Paragraph C(l)
improvements and regardless of the stage of completion of land-
scape improvements described in Paragraph C(2) above.
The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
able guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements to accepted standards of good workmanship
for a period of one (1) year from and after acceptance thereof in
writing by the City. In addition to this warrant, the Owner
shall obtain from its contractors customary warranties of good
workmanship with the City as beneficiary, with respect to all
improvements required by Paragraphs C(l) and C(2).
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It is the express understanding of the parties that the pro-
cedure set forth in Section M of this Agreement regarding
non-compliance shall not be required with respect to the enforce-
ment and implementation of the financial assurances set forth
herein and required by Section 20-16(c) of the Municipal Code.
4. Employee Housing - Summit Place. Owner has no employee
housing obligations in connection with the Summit Place component
of the Project.
5. On-Site Parking - Summit Place. Owner has no new
on-site parking obligations in connection with the Summit Place
component of the Project. Owner shall, however, preserve six (6)
of the subsurface parking spaces which presently exist beneath
Lot 2, Aspen Mountain Subdivision.
D. 700 SOUTH GALENA
1. Site Improvements - 700 South Galena. The 700 South
Galena component will be comprised of 4 four-bedroom residential
units containing an aggregate of approximately 12,000 square feet
of floor area. Prior to the issuance of a Certificate of Occu-
pancy for 700 South Galena, and as a condition precedent thereto,
Owner shall and hereby agrees to accomplish the following Section
20-16 improvements in the 700 South Galena area:
(a) Owner shall construct a new sidewalk, curb and
gutter along the easterly side of South Galena Street (as
realigned) as it abuts Lot 4, Aspen Mountain Subdivision, and a
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new curb and gutter along the westerly side of South Galena
Street (as realigned) as it abuts Lot 5, Aspen Mountain Subdivi-
sion, in accordance with the Landscape Plan and pursuant to other
normal City specifications. In addition, Owner shall repair or
replace any other existing (or newly installed) sidewalks, curbs
or gutters that may be damaged during construction.
(b) In the event it has not already done so, Owner
shall relocate underground the above ground utility line which
presently exists along the Easterly boundary of Lot 4, Aspen
Mountain Subdivision, in accordance with the Utility Plan and
pursuant to other normal City specifications.
2. Landscaping Improvements - 700 South Galena. In accor-
dance with Section 24-8.16 of the Municipal Code, all required
landscaping for 700 South Galena shall substantially conform to
the Landscape Plan. Said Landscape Plan depicts and describes
the nature, extent and location of all plant materials at mature
sizes in appropriate relation to scale, species and size of
existing plant material, flower and shrub bed definition, a plant
material schedule with common and botanical names, sizes and
quantities, proposed treatment of all ground surfaces (e.g., pav-
ing, turf, gravel, terracing, etc.), irrigation water systems,
decorative water features, retaining walls, fencing, benches,
site lighting, and all other agreed-upon landscape features.
Such landscaping shall be completed in a logical sequence
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commensurate with the staging of improvements as contemplated in
the 700 South Galena Construction Schedule, but in no event later
than one (1) year after the date of issuance of the Certificate
of Occupancy for 700 South Galena. It is the mutual understand-
ing of the parties that a Certificate of Occupancy may in fact
issue for 700 South Galena even though the landscaping improve-
ments related thereto have not yet been completed, so long as the
portion of the financial guaranty provided for in Paragraph D(3)
hereof which covers the estimated cost of such unfinished
landscaping remains available to the City pursuant to the terms
of said Paragraph D(3).
3. Financial Assurances - 700 South Galena. In order to
secure the performance of the construction and installation of
the site and landscaping improvements described in
Paragraphs D(l) and D(2) above, and to guarantee one hundred per-
cent (100%) of the current estimated cost of such improvements,
which estimated cost is approved by the City Engineer to be
$140,000 (as such amount may be updated from time to time as
herein provided), Owner shall guarantee by irrevocable bond,
sight draft or letter of commitment or credit from a financially
responsible lender that funds in the amount of such estimated
cost are held by it for the account of Owner for the construction
and installation of the above-described improvements. Said guar-
anty shall be delivered to the City prior to the issuance to
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Owner of a building permit for 700 South Galena, shall be in a
form acceptable to the City Attorney and the City Manager, and
shall give the City the unconditional right, upon default by the
Owner, to withdraw funds as necessary and upon demand to par-
tially or fully complete and/or pay for any of such improvements
or pay any outstanding bills for work done thereon by any party,
with any excess guaranty amount to be applied first to additional
administrative or legal costs associated with any such default
and the repair of any deterioration in improvements already con-
structed before the unused remainder (if any) of such guaranty is
released to Owner. As portions of the required improvements are
completed, the City Engineer shall inspect them, and upon
approval and written acceptance, he shall authorize the release
from the guaranty delivered by Owner of the agreed estimated cost
for that portion of the improvements except that ten percent
(10%) of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer.
Provided, that the withheld ten percent (10%) which relates to
the improvements described in Paragraph D(l) above shall be
released by City upon completion and approval by the City
Engineer of all such Paragraph D(l) improvements and regardless
of the stage of completion of landscape improvements described in
Paragraph D(2) above.
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The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
able guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements to accepted standards of good workmanship
for a period of one (1) year from and after acceptance thereof in
writing by the City.
In addition to this warranty, the Owner
shall obtain from its contractors customary warranties of good
workmanship with the City as beneficiary, with respect to all
improvements required by Paragraphs D(l) and D(2).
It is the express understanding of the parties that the pro-
cedure set forth in Section M of this Agreement regarding
non-compliance shall not be required with respect to the enforce-
ment and implementation of the financial assurances set forth
herein and required by Section 20-16(c) of the Municipal Code.
4. Employee Housinq - 700 South Galena. As an inducement
to the City to approve the Aspen Mountain P.U.D./Subdivision,
Owner has agreed to and does hereby acknowledge its obligation to
provide off-site employee housing for employees in connection
with the 700 South Galena component of the Project. Accordingly,
Owner agrees that prior to the recording of this Agreement in the
Pitkin County records, it shall already have deed-restricted
units for employee housing as follows:
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(a) Hunter Lonqhouse: For and in consideration of
(i) the making by Owner of a $250,000 subordinated equity capital
investment in the Hunter Longhouse project, which funds have
already been delivered and receipted for, and (ii) the recording
in Book O()(} at page 04-f; of the Pi tkin County records of a "Ded-
ication of Real Property to Employee Housing Restrictions and
Guidelines" covering the Hunter Longhouse project executed by
Owner, the City, the Board of Pitkin County Commissioners, and
Aspen-Pitkin Employee Housing, Inc., Owner has been credited with
housing a total of 56 employees. Owner's employee housing obli-
gation for 700 South Galena is 9 employees. Accordingly, upon
the City's issuance to the Owner of a valid and effective Certif-
icate of Occupancy for 700 South Galena, 9 of said 56 employee
housing credits shall be deemed automatically allocated to and
consumed by the 700 South Galena component of the Project.
5. On-Site Parking - 700 South Galena. Prior to the issu-
ance of a Certificate of Occupancy for 700 South Galena, and as a
condition precedent thereto, Owner shall have constructed sixteen
(16) subsurface parking spaces and four (4) surface parking
spaces within Lot 4 of the Aspen Mountain Subdivision. These
subsurface and surface parking spaces represent the total number
of on-site parking spaces which Owner is required to provide in
connection with the 700 South Galena component of the Project.
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E. HOTEL PHASE II
The Hotel Phase II component will be comprised of not more
than 190 lodge units (with the aggregate number of lodge units in
Hotel Phases I and II not to exceed 447), and not more than 14
residential units (with the aggregate number of residential units
in Hotel Phases I and II not to exceed 14), the exact number of
such Phase II units to be established in the building permit
application for Hotel Phase II. The total F.A.R. floor area in
this component shall not exceed 150,000 square feet (with the
maximum aggregate F.A.R. floor area in Hotel Phases I and II to
be 318,735 square feet), and the total non-F.A.R. floor area in
this component shall not exceed 45,000 square feet (with the max-
imum aggregate non-F.A.R. floor area in Hotel Phases I and II to
be 150,000 square feet), subject to the understanding that the
F.A.R. floor area maximum is exclusive of the approximately
26,783 square feet of covered port cocheres, colonnade between
the chateaus and parking ramps to the underground garage which
are contained in Hotel Phases I and II together.
1. Site Improvements - Hotel Phase II. Prior to the issu-
ance of a Certificate of Occupancy for Hotel Phase II, and as a
condition precedent thereto, Owner shall and hereby agrees to
accomplish the following Section 20-16 improvements in the Hotel
Phase II area:
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(a) If it has not already done so during the Hotel
Phase I development, Owner shall relocate underground all elec-
trical, telephone and cable television lines which presently
exist above ground along vacated Dean Street between South Galena
and Mill Streets, in accordance with the Utility Plan and pursu-
ant to other normal City specifications.
(b) Owner shall construct a new curb and gutter along
the entire Lot 5 boundary on Mill Street (and a new sidewalk
along a portion thereof), a new sidewalk (and a curb and gutter
if required) along the entire Lot 5 boundary on Durant Street,
and a new sidewalk along the entire Lot 5 boundary on South
Galena Street, in accordance with the Landscape Plan and pursuant
to other normal City specifications.
In addition, Owner shall
repair or replace any other existing (or newly installed)
sidewalks, curbs or gutters that may be damaged during construc-
tion.
2.
Landscaping Improvements - Hotel Phase II.
In accor-
dance with Section 24-8.16 of the Municipal Code, all required
landscaping for Hotel Phase II shall substantially conform to the
Landscape Plan. Said Landscape Plan depicts and describes the
nature, extent and location of all plant materials at mature
sizes in appropriate relation to scale, species and size of
existing plant material, flower and shrub bed definition, a plant
material schedule with common and botanical names, sizes and
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quantities, proposed treatment of all ground surfaces (e.g., pav-
ing, turf, gravel, terracing, etc.), irrigation water systems,
decorative water features, retaining walls, fencing, benches,
site lighting, and all other agreed-upon landscape features.
Such landscaping shall be completed in a logical sequence commen-
sur ate with the staging of improvements as contemplated in the
Hotel Phase II Construction Schedule, but in no event later than
one (1) year after the date of issuance of the Certificate of
Occupancy for Hotel Phase II.
It is the mutual understanding of
the parties that a Certificate of Occupancy may in fact issue for
Hotel Phase II even though the landscaping improvements related
thereto have not yet been completed, so long as the portion of
the financial guaranty provided for in Paragraph E(3) hereof
which covers the estimated cost of such unfinished landscaping
remains available to the City pursuant to the terms of said Para-
graph E(3).
3. Financial Assurances - Hotel Phase II. In order to
secure the performance of the construction and installation of
the site and landscaping improvements described in
Paragraphs E(l) and E(2) above, and to guarantee one hundred per-
cent (100%) of the current estimated cost of such improvements,
which estimated cost is approved by the City Engineer to be
$1,500,000 (as such amount may be updated from time to time as as
herein provided), Owner shall guarantee by irrevocable bond,
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sight draft or letter of commitment or credit from a financially
responsible lender that funds in the amount of such estimated
cost are held by it for the account of Owner for the construction
and installation of the above-described improvements. Said guar-
anty shall be delivered to the City prior to the issuance to
Owner of a building permit for Hotel Phase II, shall be in a form
acceptable to the City Attorney and the City Manager, and shall
give the City the unconditional right, upon default by the Owner,
to withdraw funds as necessary and upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party, with any
excess guaranty amount to be applied first to additional adminis-
trative or legal costs associated with any such default and the
repair of any deterioration in improvements already constructed
before the unused remainder (if any) of such guaranty is released
to Owner. As portions of the required improvements are com-
pleted, the City Engineer shall inspect them, and upon approval
and written acceptance, he shall authorize the release from the
guaranty delivered by Owner of the agreed estimated cost for that
portion of the improvements except that ten percent (10%) of the
estimated cost shall be withheld until all proposed improvements
are completed and approved by the City Engineer. Provided, that
the withheld ten percent (10%) which relates to the improvements
described in Paragraph E(l) above shall be released by City upon
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completion and approval by the City Engineer of all such Para-
graph E(l) ~mprovements and regardless of the stage of completion
of landscape improvements described in Paragraph E(2) above.
The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
able guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements to accepted standards of good workmanship
for a period of one (1) year from and after acceptance thereof in
writing by the City.
In addition to this warranty, the Owner
shall obtain from its contractors customary warranties of good
workmanship with the City as beneficiary, with respect to all
improvements required by Paragraphs E(l) and E(2).
It is the express understanding of the parties that the pro-
cedure set forth in Section M of this Agreement regarding
non-compliance shall not be required with respect to the enforce-
ment and implementation of the financial assurances set forth
herein and required by Section 20-16(c) of the Municipal Code.
4. Employee Housing - Hotel Phase II. As an inducement to
the City to approve the Aspen Mountain P.U.D.jSubdivision, Owner
has agreed to and does hereby acknowledge its obligation to pro-
vide off-site employee housing for employees in connection with
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the Hotel Phase II component of the Project.
Accordingly, Owner
agrees that prior to the recording of this Agreement in the
Pitkin County records, it shall have been credited with the deed-
restriction of sufficient employee housing units as follows:
(a) Hunter Longhouse: For and in consideration of
(i) the making by Owner of a $250,000 subordinated equity capital
investment in the Hunter Longhouse project, which funds have
already been delivered and receipted for, and (ii) the recording
in Book 500 at page ~ of the Pi tkin County records of a "Ded-
ication of Real Property to Employee Housing Restrictions and
Guidelines" covering the Hunter Longhouse project executed by
Owner, the City, the Board of Pitkin County Commissioners, and
Aspen-Pitkin Employee Housing, Inc., Owner has been credited with
housing a total of 56 employees. Owner's employee housing obli-
gation for Hotel Phase II is 20 employees. Accordingly, upon the
City's issuance to the Owner of a valid and effective Certificate
of Occupancy for Hotel Phase II, the remaining 7 of said
56 employee housing credits shall be deemed automatically allo-
cated to and consumed by the Hotel Phase II component of the
Project.
(b) Commitment by Housing Authority and Company. For
and in consideration of (i) the non-interest-bearing nature of
Owner's equity investment in Hunter Longhouse, and (ii) the joint
commitment made by the City/County Housing Authority and
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Aspen-Pitkin Employee Housing, Inc., to apply such invested
capital and the interest earned thereon to the development and/or
acquisition (and the dedication to City of Aspen low and/or mod-
erate income employee housing restrictions and guidelines), prior
to the issuance of a Certificate of Occupancy for Hotel Phase II
of the Project, of housing for an additional 13 employees, which
commitment is embodied in an Agreement recorded in Book 5<:;0 at
page 05:2 of the Pitkin County records, Owner has been credited
with housing 13 additional employees. Owner's remaining employee
housing obligation for Hotel Phase II is 13 employees. Accord-
ingly, upon the City's issuance to the Owner of a valid and
effective Certificate of Occupancy for Hotel Phase II, all of
said 13 employee housing credits shall be deemed automatically
allocated to and consumed by the Hotel Phase II component of the
Project.
5. On-Site Parking - Hotel Phase II. Prior to the issu-
ance of a Certificate of Occupancy for Hotel Phase II, and as a
condition precedent thereto, Owner shall have constructed at
least one hundred thirty nine (139) new subsurface parking
spaces within or adjacent to Lot 5 of the Aspen Mountain Subdivi-
sion. These spaces not only satisfy the entire on-site parking
requirement for Hotel Phase II (including the residential compo-
nent thereof), but also replace with permanent subsurface spaces
all one hundred twenty-one (121) temporary spaces which were
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provided in connection with Hotel Phase I of the Project. A
total of three hundred sixty nine (369) permanent on-site parking
spaces have now been provided by Owner in connection with Hotel
Phases I and II.
F. TOP OF MILL
(Premature - to be established by amendment to this Agree-
ment) .
G. EFFECT OF FORMATION OF CCLC LODGE IMPROVEMENT DISTRICT
As used in this Section G, the term "District" shall be
interpreted to mean, without limitation, a special improvement
district, a general improvement district, a special district, a
downtown development authority, or an urban renewal authority.
It is anticipated by the parties that a "District" will shortly
be formed which will include within its boundaries the entire
Project area as well as neighboring lands, and which will under-
take responsibility for constructing or installing throughout the
District certain of the streetscape and/or utility improvements
which the Owner has herein committed to construct or install
within the Aspen Mountain Subdivision. In an effort to promote,
to the greatest extent possible, (i) uniformity in the design of
District-wide improvements, (ii) coordination of construction
scheduling between Owner and District, and (iii) a fair and equi-
table arrangement between Owner and District for sharing the
costs of constructing or installing District-wide improvements,
Owner and City hereby agree as follows:
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1. Owner hereby reaffirms its agreement to participate in
the District and to not protest the assessment or taxing basis
and procedure adopted in connection therewith, provided only that
such assessments or taxes accomplish an equitable allocation of
the District's expenditures amongst the lands encompassed by the
District.
2. City shall make its best efforts to accomplish the
formation of the District as promptly as possible.
3. By way of illustration only, it is the Owner's view
that some or all of the fOllowing-described streetscape and/or
utility improvements will quite likely be incorporated by the
District into its District-wide improvement program:
Sidewalks
Upgrading of Utilities
Curbs and Gutters
Paving
Street Lighting
Landscaping (Public Property)
Storm Sewers
Signage
Street Trees
Undergrounding of Utilities
4. Owner hereby agrees that unless otherwise approved by
City as provided below, Owner shall not commence construction or
installation of any of the Section 20-16 improvements to which
Owner has herein committed prior to September 1, 1986. The only
automatic exception to this prohibition shall be the under-
grounding of utility lines (including storm sewers, sanitary
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sewers, water, electrical, telephone, cable, etc.), which Owner
and City mutually acknowledge must be accomplished during the
earliest stages of Hotel Phase I construction.
On or before September 1, 1986, the District shall notify
the Owner in writing as to which of the improvements herein com-
mitted to by Owner will in fact be constructed or installed by
the District. Such notice shall be deemed to replace and
supercede in their entirety all provisions of this Agreement
which pertain to improvements to be undertaken by the District.
Upon receipt of such notice, all further obligations or
responsibilities of Owner hereunder with respect to the improve-
ment(s) so identified (other than Owner's responsibilities to the
District) shall be deemed automatically and forever terminated,
the construction or installation thereof shall become the exclu-
sive responsibility of the District, and Owner shall be entitled
to a release from the financial guaranty delivered to City of the
agreed estimated cost of such improvement(s).
5. If prior to September 1, 1986 Owner determines that
construction scheduling makes it imperative that Owner commence
construction or installation immediately of one or more Section
20-16 improvements (other than utility undergrounding), Owner
shall notify City in writing of such situation. At its next reg-
ularly scheduled meeting, the City Council shall hear the matter
and shall approve or disapprove Owner's petition to proceed with
-36-
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the subject improvement(s), it being mutually understood that the
City Council shall not unreasonably withhold such approval if the
Owner has shown that it will otherwise suffer substantial unnec-
essary hardship or expense.
6. With respect to (i) utility undergrounding, (ii) any
other improvements for which Owner receives City Council authori-
zation to proceed pursuant to Paragraph 5 above, and/or (iii) any
other Section 20-16 improvements which have actually been con-
structed or installed by Owner in conformity with this Agreement,
in the event the District ultimately decides to construct or
install such improvement(s) or any of them throughout the Dis-
trict, one of the two following-described procedures shall apply
(as determined by the District), to wit: (a) Owner shall be
reimbursed in full for its actual costs of constructing or
installing such "duplicate" improvements, in which case Owner
shall bear its normal share of the District's assessments with
respect to such improvements, or (b) Owner shall not be reim-
bursed for those costs, in which case none of the lands within
the Aspen Mountain Subdivision shall be assessed for the Dis-
trict's cost of constructing or installing such "duplicate"
improvement(s) in those areas of the District lying outside said
Subdivision.
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H. ADDITIONAL OWNER REPRESENTATIONS
Owner hereby further expressly warrants and represents to
the City as follows:
1. Owner will renovate and/or rehabilitate the existing
Continental Inn and the lands surrounding the same substantially
in accordance with the "Continental Inn Renovation Program"
attached hereto as Schedule 2 and made a part hereof by this ref-
erence.
2. No more than 447 lodge units shall ever be in operation
or under construction as short-term accommodations within Aspen
Mountain Subdivision at anyone time.
In this regard, Owner
hereby commits to reduce the number of operational lodge units in
the existing Continental Inn to a maximum of 447 less the number
of lodge units contained in Owner's Hotel Phase I building permit
application, such reduction to be accomplished by plumbing dis-
connections and to occur no later than (and as a condition prece-
dent to) the issuance to Owner of a building permit covering the
.
lodge units in Hotel Phase I.
3. With respect to the various streets or portions thereof
within the Project which were vacated by the City Council by
Ordinance No. 14 (Series of 1985), Owner will at all times here-
after honor and abide by the utility easement and emergency
access rights reserved to the City in Sections 6 and 7, respec-
tively, of said Ordinance.
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4. All "Fire Protection Meas~res" described on Schedule 3
attached hereto and made a part hereof by this reference will be
installed and/or incorporated in Hotel Phases I and II or in 700
South Galena, as indicated.
5. All "Water and Energy Conservation Measures" described
on Schedule 4 attached hereto and made a part hereof by this ref-
erence will be installed and/or incorporated in Hotel Phases I
and II or in 700 South Galena, as indicated.
6. In order to minimize automobile travel and parking
demand, all of the "Automobile Disincentives" described on Sched-
ule 5 attached hereto and made a part hereof by this reference
will be provided in connection with the Project as a whole.
7. If the City undertakes a study of the conceptual design
alternatives for Rubey Park as a Transit Center, Owner will upon
demand by City contribute to City the actual cost of such study
up to the first $25,000 of that cost. Furthermore, Owner agrees
that it will not protest an assessment for the development of
Rubey Park as a Transit Center, provided only that the assessment
procedure accomplishes an equitable allocation of the costs of
the development amongst the beneficiaries thereof.
8. Owner shall design and construct, at its sole expense
on any site selected and obtained by Aspen Ski Club, a new build-
ing (or a renovation and/or expansion of an existing building, at
the Ski Club's option) containing a maximum of 1500 square feet
-39-
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of finished space and 500 square feet of unfinished space, such
finished space to be of at least equal or better quality and
functionality than the clubhouse space which the Ski Club cur-
rently occupies, in exchange for the termination by the Ski Club
of its existing leasehold agreement with the City covering Lots
14 and 15 of the Capitol Hill Addition. In the alternative,
should the Ski Club elect to participate with the City and/or
other community organizations in the joint development and occu-
pancy of a larger facility, Owner agrees to contribute to the Ski
Club cash or certified funds (on an as-needed basis) in an amount
equal to the dollar value of the design and construction commit-
ment first set forth above.
9. Management will be entrusted to an entity with the
experience and qualifications necessary to operate a luxury
resort hotel of the highest possible standards, while preserving
a sensitivity to the nature and quality of these hotel facili-
ties, to the immediate hotel neighborhood, and to the Aspen com-
munity in general. Management will be particularly qualified to
seek and promote transient, vacation, group meeting and confer-
ence business.
10. Each development component of the Project shall be con-
structed substantially in accordance with the most current archi-
tectural renderings therefor which have been submitted to the
City in connection with the PUD/Subdivision process, as such
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renderings may hereafter be modified with the consent of the
City.
11. Prior to the issuance of a Certificate of Occupancy for
Hotel Phase I, and as a condition precedent thereto, Owner shall
deliver to the City Manager a letter which designates and sets
aside thirty (30) of the Hotel Phase I parking spaces for pur-
poses of long-term automobile storage by specific employees
housed at the Alpina Haus Lodge and the Copper Horse Lodge.
Owner also agrees to continue to search for added parking at
sites near these two housing projects.
12. Prior to the issuance of a Certificate of Occupancy for
Hotel Phase I, and as a condition precedent thereto, Owner shall
substantially remedy the "life safety" deficiencies in the Copper
Horse Lodge and the Alpina Haus Lodge identified by Tom Voorhies
and John Ostwald in their Memoranda to Jim Wilson of March 20 and
March 21, 1985, respectively, copies of which Memoranda are
attached hereto as Schedules 6 and 7, respectively, and made a
part hereof by this reference. For its part, the City agrees
that upon compliance by Owner with the foregoing obligations, the
City will issue a written acknowledgment of such fact in
recordable form if Owner so requests.
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I. PERIODIC PROJECT REVIEWS
Owner agrees that every six (6) months following the date of
final City approval of this Project until the construction of all
components thereof is complete, it will meet with the City Plan-
ning Office for the purpose of informing the Planning Office as
to its progress in developing the Project pursuant to the terms
and provisions of this Agreement. If the Planning Office deems
it necessary, the Planning Office will report to the Aspen Plan-
ning and Zoning Commission on the outcome of one or more of these
meetings. The Owner and the City recognize that these meetings
are not opportunities for the Owner to avoid complying with the
requirements of this Agreement but are for purposes of providing
progress reports and developing mutally acceptable solutions to
any problems that may be encountered during the construction
period.
J. PERMANENT CARE AND MAINTENANCE OF LANDSCAPING
Owner agrees that it shall be the perpetual responsibility
of the owner or owners from time to time of the lands within Lots
1, 2, 3, 4 or 5, respectively, of the Aspen Mountain Subdivision
to maintain, care for, and replace when necessary, all trees,
shrubs, plants, and other landscaping features which may be
planted or otherwise incorporated in each of said Lots pursuant
to the Landscape Plan.
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K. USE AND MAINTENANCE OF OPEN SPACE AND OTHER
COMMON FACILITIES
Owner shall occupy the Project Open Space for such uses as
may from time to time be deemed appropriate by Owner, provided
that such occupancy and uses shall at all times be in compliance
with the then-applicable provisions of the Aspen Municipal Code.
Pursuant to the provisions of Code Section 24-8.19 (as applica-
ble), Owner agrees that it shall be the perpetual responsibility
of the owner or owners from time to time of the lands within Lots
1, 2, 3, 4 or 5, respectively, of the Aspen Mountain Subdivision
to maintain in a clean and attractive condition and in a good
state of repair all Open Space located within each of said Lots.
L. RECONSTRUCTION OF DEMOLISHED UNITS
It is mutually acknowledged and verified between City and
Owner that pursuant to Municipal Code Section 24-11.2(a), Owner
has the right, following their demolition, to reconstruct within
the Aspen Mountain PUD a total of 275 lodge units and a total of
40 residential units. The original location (source) of these
reconstruction units is identified on Schedule 8 attached hereto
and made a part hereof by this reference. Furthermore, the City
hereby endorses the following dates for purposes of determining
the start of the five year period for reconstruction of certain
of the demolished units, to wit:
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(a) For the 17 lodge units in the south wing of the
Blue Spruce, the five year period shall commence on the date
of recording of this Agreement in the Pitkin County real
property records;
(b) For the 5 previously demolished residential units,
the five year period shall commence on September 8, 1982.
M. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR
EXTENSIONS BY OWNER
In the event that the City Council determines that the Owner
is not acting in substantial compliance with the terms of this
Agreement and/or one or more of the Construction Schedules sub-
mitted to the City Engineering Department in accordance herewith,
the City Council may issue and serve upon the Owner a written
order specifying the alleged non-compliance and requiring the
Owner to remedy the same within such reasonable time as the City
Council may determine. Within twenty (20) days of the receipt of
such order, the Owner may file with the City Council either a
notice advising the City Council that it is in compliance or a
written petition requesting a hearing to determine anyone or
both of the following matters:
(a) Whether the alleged non-compliance exists or did
exist, or
(b) Whether a variance, extension of time or amendment
to this Agreement should be granted with respect to any such
non-compliance which is determined to exist.
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Upon the receipt of such petition, the City Council shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing
shall be convened and conducted pursuant to the procedures nor-
mally established by the City Council for other hearings.
If the
City Council determines by a preponderance of the evidence that a
non-compliance exists which has not been remedied, it may issue
such orders as may be appropriate; provided, however, no order
terminating any approval granted herein shall be issued without a
finding of the City Council that substantial evidence warrants
such action and affording the Owner a reasonable time to remedy
such non-compliance. A final determination of non-compliance
which has not been remedied or for which no variance has been
granted may, at the option of the City Council, and upon written
notice to the Owner, terminate any of the approvals contained
herein which are reasonably related to the requirement(s) with
which Owner has failed to comply. Alternatively, the City Coun-
cil may grant such variances, extensions of time or amendments to
this Agreement as it may deem appropriate under the circum-
stances.
In addition to the foregoing, the Owner or its successors or
assigns may, on its own initiative, petition the City Council for
a variance, an amendment to this Agreement or an extension of one
or more of the time periods required for performance under the
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construction Schedules or otherwise. The City Council may grant
such variances, amendments to this Agreement, or extensions of
time as it may deem appropriate under the circumstances. The
parties expressly acknowledge and agree that the City Council
shall not unreasonably refuse to extend the time periods for per-
formance indicated in one or more of the Construction Schedules
if Owner demonstrates by a preponderance of the evidence that the
reasons for the delay(s) which necessitate said extension(s) are
beyond the control of the Owner, despite good faith efforts on
its part to perform in a timely manner.
N. PARK DEDICATION FEE
In accordance with the provisions of Section 20-18 of the
Municipal Code, the City Council has elected to receive from
Owner cash payments (in lieu of land dedications) in satisfaction
of Owner's park dedication fee requirements arising from the
Aspen Mountain Subdivision. The City and Owner have calculated
the following park dedication fees for the various Project compo-
nents, each of which amounts shall be paid by Owner to City in
the form of cash or certified funds at the time that Owner
applies for a Building Permit for the related component:
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Development Component
Park Dedication Fee
Hotel Phase I
$22,757.35
$ 6,195.72
Summit Place
700 South Galena
$ 9,770.17
Hotel Phase II
$
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(Premature-to be
established by
amendment to this
Agreement)
O. GENERAL PROVISIONS
1. Notice. Notices to be given to the parties to this
Agreement shall be deemed given if personally delivered or if
deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below, or at such
other addresses as may be substituted upon written notice by the
parties or their successors or assigns:
City of Aspen:
City Manager
130 South Galena Street
Aspen, Colorado 81611
Owner:
John H. Roberts, Jr.
P.o. Box CC
Aspen, Colorado 81612
with a copy to:
Holland & Hart
600 East Main Street
Aspen, Colorado 81611
2. Binding Clause. The provisions hereof shall run with
and constitute a burden upon the title to the subject property,
and shall be binding upon and shall inure to the benefit of the
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Owner and the City and their respective heirs, personal represen-
tatives, successors and assigns.
3. Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado
and the Municipal Code of the City of Aspen.
4.
Sever abil i ty.
If any of the provisions of this Agree-
ment or any paragraph, sentence, clause, phrase, word or section
or the application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the remainder of
the Agreement and the validity of any such provision, paragraph,
sentence, clause, phrase, word or section under any other circum-
stances shall not be affected thereby.
5. Incorporation of Recitals and Written Submittals. The
City and Owner hereby stipulate and agree that the "recitals"
preceding this Agreement, and all of the written submittals (as
amended and presently effective) made by Owner to City throughout
the course of the Aspen Mountain PUD/Subdivision approval pro-
cess, shall be deemed to be part of this Agreement and to be in-
corporated herein by this reference.
6. Entire Agreement; Amendment. This Agreement contains
the entire understanding and agreement between the parties herein
with respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written instru-
ment executed by each of the parties hereto.
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7. Acceptance of Plat; Ratification by Owner. Upon execu-
tion of this Agreement by all parties hereto, the City agrees to
approve and execute the Final Planned Unit Development Plat for
the Aspen Mountain P.U.D.jSubdivision, and to accept the same for
recordation in the Recording Office of Pitkin County, Colorado,
upon payment of the recordation fee and costs to the City by
Owner. For its part, Owner hereby ratifies and confirms each and
every representation and public dedication made and set forth by
Owner on said Plat.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
CITY:
THE CITY OF ASPEN, COLORADO
a municipal corporation
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Wil
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APPROVED AS TO FORM:
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Paul J. TadduQe, City
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
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The ,:foregoing instrument was acknowledged before me this .;ll\::o
day' of ~~c.-e",^ bey , 1985, by William Stirling as Mayor and
Kathryn S. Koch as City Clerk of the City of Aspen, State of
Colorado.
Witness my hand and official seal.
My commission expires: ~ 29, l'HI"l
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OWNER:
fl!I1 v([th
JOHJ!' H. ROBERTS, JR.
STATE OF C.ll.ltlrA-tle>
COUNTY OF p~'( In
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)
~nd The foreg?fng instrument was acknowledged before me this
~ day of A){JreYY\ 'o~x , 1985 by John H. Roberts, Jr.
Witness my hand and official seal.
My commission expires: 05);J'1J89
N
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SCHEDULE 1
LEGAL DESCRIPTION
A TRACT OF LAND BEING ALL OF THE NORTH ASPEN INN
APARTMENTS (A CONDOMINIUM), ALL OF THE MILLIONAIRE
MILLSITE, U.S.M.S. 3620B, PART OF DEANS ADDITION,
PART OF CONNER'S ADDITION, PART OF CAPITOL HILL
ADDITION, PART OF THE CONNER PLACER, U.S.M.S. 2535,
PART OF THE LITTLE CHIEF LODE, U.S.M.S. 5850, PART
OF THE BIG CHIEF LODE, U.S.M.S. 4237, PART OF THE
"GANNON ENTRY", PART OF ANTHONY ACRES SUBDIVISION,
PART OF THE NORTHWEST ONE-QUARTER (1/4) OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, ALL OF THE ABOVE BEING SITUATED IN
PITKIN COUNTY, COLORADO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
LOT 1
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 84, CITY
AND TOWNSITE OF ASPEN;
THENCE S 75009'11" E 120.62 FEET;
THENCE S 14050'49" W 125.00 FEET;
THENCE S 75009'11" E 150.78 FEET, TO A POINT ON
THE WESTERLY LINE OF SOUTH MILL STREET;
THENCE S 14050'49" W 25.00 FEET;
THENCE ALONG THE NEW MILL STREET R.O.W. REALIGNMENT,
S 75009'11" E 4.23 FEET AND S 14050'49" W 407.26 FEET
TO THE NORTHEAST CORNER OF THE ASPEN INN APARTMENTS
(A CONDOMINIUM);
THENCE N 75000'00" W
CORNER OF SAID ASPEN
THENCE S 14036'00" W
CORNER OF SAID ASPEN
THENCE N 75000'00" W
EAST LINE OF BLOCK 5
THENCE N 15049'50" E
CORNER OF BLOCK 3 OF
THENCE N 75000'00" W
EASTERLY SIDE OF THE
REALIGNMENT;
THENCE N 14050'49" E
BEGINNING.
72.94 FEET TO THE NORTHWEST
INN APARTMENTS;
137.81 FEET TO THE SOUTHWEST
INN APARTMENTS;
33.88 FEET TO A POINT ON THE
OF SAID CONNER'S ADDITION;
193.20 FEET TO THE SOUTHEAST
SAID CONNER'S ADDITION;
172.72 FEET TO A POINT ON THE
NEW MONARCH STREET R.O.W.
501.15 FEET TO THE POINT OF
LOT 2
BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 5, CONNER'S
ADDITION, ALSO BEING THE SOUTHEAST CORNER OF THE
700 MONARCH CONDOMINIUM;
THENCE N 15049'50" E 52.00 FEET ALONG THE EASTERLY
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LINE OF SAID BLOCK 5;
THENCE S 75000'00" E 33.88 FEET TO A POINT ON THE
WESTERLY LINE OF THE ASPEN INN APARTMENTS (A CONDOMINIUM);
THENCE S 45000'00" E 5.48 FEET ALONG THE NORTH LINE
OF THE LITTLE CHIEF LODE, M.S. 5850;
THENCE S 75000' 00" E 67.71 FEET ALONG THE SOUTH LINE
OF SAID ASPEN INN APARTMENTS;
THENCE S 14050'49" W 49.25 FEET ALONG THE WESTERLY
LINE OF SOUTH MILL STREET;
THENCE N 75000'00" W 107.22 FEET TO THE SOUTHEAST CORNER
OF SAID BLOCK 5, THE POINT OF BEGINNING.
LOT 3
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LOT 2, ASPEN MOUNTAIN SUBDIVISION, SAID POINT BEING ON
THE WESTERLY LINE OF SOUTH MILL STREET;
THENCE S 14050'49" W 222.88 FEET ALONG THE WESTERLY
LINE OF SOUTH MILL STREET;
THENCE S 74055'00" E 142.00 FEET ALONG THE NORTH LINE
OF A VACATED PORTION OF SOUTH MILL STREET AND ALONG
THE NORTH LINE OF THE PROPERTY DESCRIBED IN BOOK 190 AT
PAGE 110 OF THE RECORDS OF THE PITKIN COUNTY CLERK AND
RECORDER;
THENCE N 15000'00" E
SOUTHERLY LINE OF LOT
THENCE S 55052'00" E
OF SAID LOT 12;
THENCE S 74030'00" E 156.13 FEET ALONG THE SOUTH LINE
OF LOTS 12, 13 AND 14, ANTHONY ACRES SUBDIVISION;
THENCE S 45000'00" E 21.58 FEET ALONG LINE 1-2
BIG CHIEF LODE M.S. 4237;
THENCE S 33033'59" W 0.84 FEET ALONG THE WESTERLY
LINE OF THE PROPERTY DESCRIBED IN BOOK 355 AT PAGE 495
OF THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER;
THENCE CONTINUING ALONG SAID LINE N 79052'45" W
85.84 FEET, S 63026'03" W 17.11 FEET, S 38018'17" W
74.92 FEET, S 15024'24" W 84.43 FEET, S 16044'29" W
62.62 FEET, S02020'OO" E 17.08 FEET, S 41016'00" E
25.10 FEET;
THENCE S 45000'00" W 103.65 FEET ALONG THE EASTERLY
LINE OF THE BIG CHIEF LODE, M.S. 4237;
THENCE N 70037'00" W 332.70 FEET ALONG THE ASPEN CITY
LIMIT LINE AS RECORDED IN BOOK 226 AT PAGE 143;
THENCE S 45000'00" W 41.90 FEET ALONG THE BIG CHIEF AND
LITTLE CHIEF LINE 1-4;
THENCE N 67037'00" W 117.13 FEET;
THENCE N 25003'14" E 33.53 FEET TO A POINT ON SAID
CITY LIM IT LINE;
47.82 FEET TO A POINT ON THE
12 ANTHONY ACRES SUBDIVISION;
65.30 FEET ALONG THE SOUTH LINE
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THENCE N 70037'00" W 200.77 FEET ALONG SAID LINE;
THENCE N 45000'00" E 281.64 FEET ALONG LINE 2-3
LITTLE CHIEF LODE, M.S. 5850 TO A POINT ON THE SOUTH
LINE OF THE MOUNTAIN QUEEN CONDOMINIUM AS RECORDED IN
PLAT BOOK 4 AT PAGE 386 OF THE RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDER;
THENCE CONTINUING ALONG THE SOUTHERLY AND EASTERLY LINE
OF SAID CONDOMINIUM, S 83051'10" E 82.12 FEET,
N 06008'50" E 5.07 FEET, N 37013'00" E 105.83 FEET,
N 20012'11" E 110.73 FEET, N 45000'00" E 48.20 FEET,
TO THE SOUTH LINE OF BLOCK 5, CONNER'S ADDITION, BEING
ALSO THE SOUTH LINE OF 700 MONARCH CONDOMINIUM;
THENCE S 75000'00" E 145.33 FEET ALONG SAID SOUTH LINE
AND THE SOUTH LINE OF THE ABOVE-DESCRIBED LOT 2,
ASPEN MOUNTAIN SUBDIVISION, TO THE POINT OF BEGINNING.
LOT 4
BEGINNING AT THE NORTHEAST CORNER OF LOT 15, BLOCK 2,
ANTHONY ACRES SUBDIVISION;
THENCE N 75000'00" W ll4.85 FEET ALONG THE NORTH LINE
OF SAID LOT 15;
THENCE N 15000'00" E 57.50 FEET ALONG THE EAST LINE
OF GALENA STREET;
THENCE FOLLOWING SAID EAST LINE 75.46 FEET ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 91.99 FEET;
THENCE N 62000'00" E 44.99 FEET;
THENCE 88.57 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 107.62 FEET;
THENCE S 75009'11" E 20.52 FEET TO THE WESTERLY LINE
OF TIPPLE WOOD SUBDIVISION;
THENCE S 15030'00" W 234.54 FEET ALONG SAID WESTERLY
LINE TO THE POINT OF BEGINNING.
LOT 5
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 91, CITY AND
TOWNSITE OF ASPEN;
THENCE S 14050'49" W 250.00 FEET TO THE SOUTHEAST CORNER
OF SAID BLOCK 91;
THENCE FOLLOWING ALONG THE WESTERLY SIDE OF A NEW
GALENA STREET RIGHT-OF-WAY REALIGNMENT THE FOLLOWING
COURSES AND DISTANCES: 39.19 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 47.62 FEET, THE
CHORD OF WHICH BEARS S 38025'24" W 38.09 FEET,
S 62000'00" W 44.99 FEET, 124.68 FEET ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 151.99 FEET,
THE CHORD OF WHICH BEARS S 38030'00" W 121.21 FEET,
S 15000'00" W 15.70 FEET TO THE NORTHEAST CORNER OF
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LOT 4, ANTHONY ACRES SUBDIVISION;
THENCE DEPARTING FROM SAID R.O.W. N 75000'00" W
100.00 FEET;
THENCE N 74045'30" W 93.53 FEET TO A POINT ON THE
EASTERLY SIDE OF THE NEW MILL STREET R.O.W. REALIGNMENT;
THENCE ALONG SAID EASTERLY LINE N 14050'49" E
291.32 FEET TO THE SOUTHERLY LINE OF DEAN STREET;
THENCE ALONG SAID SOUTHERLY LINE S 75009'11" E
19.62 FEET;
THENCE ALONG THE EASTERLY SIDE OF SOUTH MILL STREET
N 14050 '49" E 150.00 FEET TO THE NORTHWEST CORNER OF
BLOCK 91;
THENCE S 75009'11" E 270.80 FEET TO THE POINT OF
BEGINNING.
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SCHEDULE 2
CONTINENTAL INN RENOVATION PROGRAM
(a) The old existing structures located west of the
Continental Inn will be removed in the Spring of 1985. This area
will become a surface parking lot for Hotel Phase I. The land
north of the Inn (between Dean and Durant Streets) will serve as
a staging area, parking, offices and housing (in existing struc-
tures such as the Hillside Lodge) during the construction of
Hotel Phase I. This site will be cleared of all structures and
landscaped upon the opening of Hotel Phase I and will remain as
open space until the new east wing of the hotel (Hotel Phase II)
is constructed.
(b) The public spaces of the Inn will be cleaned,
brightened up and repainted. The character of these internal
public spaces will be improved through selective use of lighting,
colors, carpets, furnishings, plants and other accents. Opera-
tional plans will be developed to maximize the efficiency and
productivity of such spaces as the meeting rooms, shops, the
lobby lounge area and front desk. Some hotel functions will be
relocated to certain guest rooms in the basement which are
considered to be unrentable.
(c) Exterior improvements will include cosmetic changes to
the exterior, painting and landscaping. The roof will be
repaired and equipment and mechanical repairs will be made.
(d) Guest rooms will be cleaned, broken or torn items
replaced and selective painting and grouting will be done. All
damaged or broken furnishings will be repaired or replaced. A
number of substandard guest rooms will be converted to office
space, vending areas and storage areas.
(e) New or improved life safety features will include:
peepholes and security signage, smoke detectors, security and
fire safety signage, improved lighting, exit signs, employee
training programs in fire safety, C.P.R. and first aid, improved
water service and fire hydrants, security patrols and pre-
ventative maintenance programs for all systems.
(f) Depending on the results of feasibility studies for the
timing of construction of Hotel Phase II, a minimum Continental
Inn budget of $250,000 will be spent initially. If the Owner
decides to leave the Continental Inn in place for 5 years or
longer, Owner commits to spend at least $1,200,000 on Continental
Inn upgrading during the next 5 years.
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SCHEDULE 3
FIRE PREVENTION MEASURES
I. HOTEL COMPONENT (Phases I and II):
A. Automatic Sprinkler System (UBC Standard 38-1).
B. Class I Standpipes (designed in accordance with
UBC Standard 38-3).
C. Smoke De tee tion
1. In elevator lobbies (designed in accordance
with UBC Chapter 51).
2. In all mechanical rooms.
3. Single station detectors shall be installed
in all guest rooms to provide local alarm.
4. Return air riser s (as per UBC Section
1807(d)(3).
D. Elevators will Conform to UBC Chapter 51, and will
be Separated from Exit Access Corridors as Per UBC
Section 1807(h).
E. Communications
1. A voice alarm system shall be installed
throughout the facility.
2. A public address system shall be installed in
public spaces.
3. A two way fire department communications sys-
tems shall be installed in the central con-
trol station and elevators, elevator lobbies
and enclosed exit stairways.
F. Standby Power Shall Be Provided For:
1. Exit Signs
2. Elevator Car Lighting
3. Voice Alarm and Communication Systems
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4. Fire Suppression and Detection Equipment
5. Central Control System
G. A Central Control Station Shall Be Provided and
Contain the Following:
1. Voice Alarm and Public Address System Panels.
2. Fire Department Communications Panel.
3. Fire Detection and Alarm System Annunciator
Panels.
4. Status Indicators and Controls for Elevators.
5. Controls for Unlocking Stairway Doors.
6. Sprinkler Valve and Waterflow Detector Dis-
play Panels.
7. Standby Power Controls.
8. Telephone for Fire Department.
II. 700 SOUTH GALENA COMPONENT:
A. An Automatic Sprinkler System shall be Installed
in the Garage as per Code Requirements.
B. A Fire Alarm System as Required by Code.
C. Code Conforming Exits and Doors.
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SCHEDULE 4
WATER AND ENERGY CONSERVATION MEASURES
I. HOTEL COMPONENT (Phases I and II):
A. Water Conservation
1. Water saving shower heads, faucets and
toilets will be specified
B. Energy Conservation
1. Structure oriented to maximize passive solar
gain.
2. Roof overhangs designed to permit winter sun
in and keep summer sun out.
3. Solar glazing will be used on areas where
shading devices cannot be used. North facing
glazing will be minimized.
4. A large portion of the support facilities are
located underground.
5. Multiple levels and double loaded corridors
reduce energy consumption.
6. The hotel will have a computer controlled
energy management system which will control
heat, ventilation and air conditioning sys-
tems (HVAC).
7. Waste heat from main boilers will be used to
heat domestic water.
8. Insulation will exceed local requirements -
Roof - R-38
Exterior Walls - R-19
Between Floors - R-ll
Floor Over Garage - R-19
Slabs On-Grade - R-ll
Below Grade Walls - R-20
"-
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II. 700 SOUTH GALENA COMPONENT:
A. Water Conservation
1. No specific conservation measures repre-
sen ted .
B. Energy Conservation
1. Structures oriented to take advantage of
solar gain.
2. South facing glazing and skylights will pro-
duce passive solar gain and reduce lighting
requirements.
3. Heating units will be state-of-the-art
minimum energy imput systems.
4. Mechanical systems will be designed and
insulated for increased efficiencies.
5. The thermal mass within the buildings will be
insulated on the exterior to provide an
internal thermal sink preventing excess tem-
perature swing inside the structures.
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L.".".C V"--'\..' j',-"l:-. J.
SCHEDULE 5
AUTOMOBILE DISINCENTIVES
1. Four courtesy vans will be available within the PUD for
owners and guests.
2. Valet parking will be employed by the hotel during peak
occupancy periods (Christmas, president's Day, Memorial
Day, Labor Day and July 4th).
3. Hotel brochures will provide information on bus service
and courtesy vans.
4. Hotel employee housing will be on a transit route and
most will be located within walking distance of the
hotel.
5. Transit passes will be purchased by the hotel for any
employee needing one to commute to work.
6. A hotel shuttle will be provided for seasonal employees
residing down valley.
ASPEN.PITKIN OEGIONAL BUILDII'~'B DEPARTMENT
. '
SCHEDULE 6
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MEMO TO: Jim Wilson
.
FROM: Tom Voorhies
RE: Life Safety Inspection at the Copper Horse
DATE: March 20. 1985
1. This inspection is intended to identify electrical hazards. It is not
intended to determine if the installation complies with current or
past codes.
2. Conductors for pendant (chain) front porch fixture need protection
where they enter ce~ling canopy to prevent abrasion.
,.
3. Numerous extension cords are used for lights an~ lamps in the lounge
and rooms of the old portion of building. Receptacle outlets need to
be installed such that extension cords are not needed.
4. The old portion of building has an ungrounded electrical system.
Receptacle outlets with un~rounded Rrounds have been installed at
existing outlet locations. These must be grounded or replaced with
ungrounded types.
5. There are ungrounded ,receptacle outlets in the kitchen. These must
be grounded.
6. Exposed NM (Romex) cables in area above dropped ceiling in kitchen must
be supported per N.E.C. code.
7. The electrical panel. located at rear of building, has a 240 v,
06 aluminum circuit protected by a 70 amp circuit breaker. This
circuit breaker must be decreased to 50 amps.
8. Ground fault circuit--interrupter type receptacles shall be installed
~~~" b, S". ".., ,.)1 of ,be 1984 u.,.
TEV:lo
offices:
110 East Hallam Street
Aspen, Colorado 81611 303/925-5973
mail address:
506 Esst Main Street
Aspsn, Colorado S1611
~ ASPEN.PITKI~'~EG.ONAL BUILC'''''\IG DEPARTME':'IT
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MEHO TO: Jim Wilson
FROM: John Ostwald,
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RE: Life Safety Inspection at the Copper Horse
DATE: March 20, 1985
I. Combustible decorative wood is too close to the fire box of the fire-
place. Sec. 3707 (h) 1979 U.B.C.
be placed within I Inch or firepllce, smoke chlmber or chimney Wills.
Combustible mlterill shin not be pllced 'I'lthln 6 Inch.. or the firepllce
opening. No such colnbustlble mlterll(withln 12 Inch.. or the lircpllce
opcning shill prbj~ct, rilore thin \{ Inch for each 1.lnch c1elrlnce from
such opening. .,
2. Rooms not having a minimum area of 70 square feet, not to be used
as habitable rooms. Sec. 1207 (b) 1979 U.B.C.
(b) Floor Ani. Eyery dw.e)ling unit .hlll hlye Itlca" one room which
shall hlye not less thin 150 .quare reet or fioor area. Other hlbltable
rooms cxcept kirchetii .hllfhlye In ...caor not len thin 70 squire reet.
I Efficiency dwtlling unit. shill comply with the requirements or Section
IWB. , '. .
3. Bedroom above-the first floor to have two qualifying exits. Sec. 3302
1979 U.B.C.
Exits Required
See. 3301. (I) Number or Exlll. Eyery bulldlnl or usable portion
thereof shall hlye Itlcast one cxlt Ind Ihln hive not less thin two exit.
where required by Tlble No. 33.A.
In xII oecuplncl... "oon Iboyethe nrststory hlvlnlln occuplntlold
of more thin 10.hln hlye not I... thin twocxlu. '
4. Boiler vent too close to roof. Section 906 (d) and Figure 1
1979 U.B.C.
(d) Tn>eB 01" BW.A Type B or BW I" yent shlll.crmlnlte not less
thin I r_"boYc the roof throulh which It p..... nor les, thin 4 reet rrom
any ponlon or the bul1dinl"whlch cxtend. "' In Inlle or more thin CS
degrees upward from the ho:rizontll nor less than shown in Filure No.1.
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lIU(D lor
"(ICHU ON
SlOl'IMC .oors ....
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loor SU'lfl'l
FIGURE NO. 1
offices:
110 East Hallam Street
Aspen, Colorado 81611
303/925-5973
mail address:
506 East Main Street
Aspen. Colorado 81611
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5. Fire alarm ayatem aa required by Chapter 9 Sec. 13.307 (f) of the
Aspen Municipal Code.
(f) An inndl! audible alann b to be inetalled
wherever an alann b requited by Section 13.307 of
the UnHonn Fire Code or Section 3802 of the
UniCorm Buildinr Code, except in nnrle family,
duplex, triplex, or Courplex ruidential dwelling..
In the ca.e oC public anembly area. with an
ocCupant load oC one hundred (100). or more
penon. ,or where, in the opinion of the building
"Official or the fire mllnhal, the in.tallation oC an
in.ide alann may re.ult in a,sating panic. the
alann .ignal .hall be in.Wled in an attended
area (e.g. projection booth, manarer'. office) from
6. The windows in the west side 'of the addition were illegal when installed
by Table 5A of the' 1973 V.B.C. If the addition is closer than five feet
to the property line" then they would be illegal by Table 5A of the 1979
U.B.C. We need a current survey to determine.
TAILE NO. ~t1.u.d
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1'.....1._1.,...1'1_1......._ l ......, "'-~"'. r""ft1N ..... than III ,....,
II I:......_h. ".......1....... ,........ .......__.I.,&nlf - .... .. _. S..t....-,kh;.I..:;.tl.....:lI.....:
S.... .1,,) ...,.,....-...........-.-...... ---. . ''''N 1"ftII........IIo....h." IU I....'
S.'ell"n C".. -.-. ....-. .~ ,-. -. ',';;';..;.:ii';';it.:.; I~~.; .II....~ -
l:ln: - 1~"....tll."!"...1
, 3 r............,...... '10... \r...ot
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R .. < 1 hour less thin S (tet 1'101 pmnlot.d 1...
Ste also I-Hotels and .Pl.~t",cnt hoUles . .". . .
Section Convents and monl!lt.1:1 (ead, Icc:ommodlllnl morclun 10 penons) lhanH.."
1202 ,
3-Dwellinls and lod,ln, houlU 1 hou"r less thin 3,rm 1'101 pmnlllrd 1m
than "...
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SCHEDULE 7
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HEMO TO:
Jim Wilson
FROM: John Ostwald
RE: Life Safety Inspection at the Alpina Haus
935 E. Durant
DATE: March 21, 1985
1. The exits from the second floor balcony are not placed per Section
2303(c) of the 1979 U.B.C.
(c) Arnngement .r Exlls. If only two exits are required they .hall be
placed a distance a!lart equal tc IlOtle.. than one.halr or Ihe length or the
maximum ovcraJr diagonal dimension or the building or Irea to be served
measured in a straignt line between exits.
2. The spiral staircase serving rooms 32-42 and the lounge area from the
parking area on the east was not constructed as approved and is not
legal for a multi-family occupancy R-l per Section 3305(f) of the
1979 V.B.C.
(I) Spiral Stllrway.. In Group R, Division 3 Occupancies and in private
stairways within individual units or Group R. Divjsion I Occupancies,
t-i"iral stairways may be instaUed. Such stairways may be used Cor required
exits when the Ir~ served is limited to 400 square reet.
), The spiral staircase serving the lounge from the kitchen/dining
area is not legal per Section 3305(f) fo the 1979'U.B.C.
(I) Spirll Stll....11', In Group R, Dlvl.ion3 Occupanci.. and in privlte
s~airways within individual unit. of Group R. Division I Occupancies.
spiral stairways may bc~nstancd. Such .talrways may be used ror requited
exits when the area served is limited to 400 square fect.
4. Basement apartment has illegal sliding exit door per Section 3304(e)
oi the 1979 V.B.C.
(e) Width Ind HeIght. Every req~lredexit doorway shill be or a size a.
to pcrmilthe i...,allation or I door'liot less than 3 recl in width and notles.
"'an 6 reet 8 inch.. in hei.ht. Whml.....lled In exit doorways, e.it doors
.hall be capable or, opening a' 1...190 dOJl'ecs Ind .hall be .0 mounted thlt
the clear width or the exitwlY is nOllos. Ihln 32 inch... In computing the
exit width required by Section 3302 (b), tile netdimen.ion or the e.ilway
.hall be used.
5. The laundry area and the basement apart~ent have only one exit each.
They are required to have two by Section 3302(a) of the 1979 U.B.C.
For purpo.es or Ihi. .ection, buemmuand occupied roors .hall be pfO-
vided with exits as required for stories. Floors" above the second story and
basrmenls shall have not less than IWO exits except when such noors or
basements art used exclusively for the service of the building~
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6. The fireplaces in the lounge and dining area do not have large
enough hearth extentions per Section 3707(k) fo the 1979 V.B.C.
(I) H..r'h EII.n.lon.. H..rlh. .h.n cxt.nd .'1.... 16 inches rrom th.
rron. or, and a,l.a.18 inches beyond ..ch .id. or, Ih. lir.pl.c. openin,.
Wh.r. ,h. lir.plac. openln, i. 6 square reel or I.r,.r, Ih. h.arth ....nsion
sh.1I cx,.nd alle"l 20 inch.. in rronl or, .nd .i leasll2 inch.. beyond
each sid. or, Ihelir.plac. openin,. '
7. The hood over the fry grill in the kitchen is a residential type.
It is required to be a commericial type I by Section 2003(a) of the
1979 V.M.C. and would also be required on a domestic grill by the
1982 V.M.C.
Sec. 2003. (a) Where R.qulred. Hoods shan be lilSt.lI.d ., or above all
oommercial type deep rat rryers,.broilers. Iry ,rills. sleam-jack~ed kettles,
hol-top ranges, ovens. barbecues, rotisseries, dishwIshin, machines and
similar equipment which produce comparable amounts or steam. smoke,
11".... or h.al in ~ rood-proc.ssing est.blishm.nt. For Ih. purpose or ,lhis
"'Iion'. rood.processin, ..t.blishmenl shall includ. .ny buildin, or par-
don lhei.orus.d ror Ih. processin, or rood bUI sh.n nol includ.. dw.I.-
6n, unit.
8. The receptacles and circuits in the community kitchen and the kitchens
in apartment 42, 43 and the basement need to comply with Section 220-3(b)
(1) and 210-52(b) of the 1984 N.E.C.
(b) Small Appliance Branch Circuit. - Dwelling Unit.
(1) In addition to the number or ltranch circuits determined in
accordance with <a> above, two or more 20-ampere. Imall appliance branch
circuits shall be provided tor all receptacle outlets specified by Seclion
210.52 (or the small appliance loads, including refrigeration equipment, in
the kitchen. pantry. breakfast room, and .dining room o( a dwelling unit.
Such circuits, whether two or more arc used, shall have no other outlets.
(b) .counte, TOPI. In kitchen and dining areas o( dwelling units a
rccept:u:le outlet shan be installed at each COunter space wider than 12
inches (305 mm), Counl.r lop spoces separ.ted by rang. lops, r.rri,.rators,
or sinks shall be considered as separate counter top spaces. Receptacles
rendered inaccessible by appliances fastened in Jlace or appliances
occupying dedicated space shan not be consider as these required
outlets.
9. All other receptacles in apartments 42, 43, and the basement need
to comply with Section 210-52(a) ,of the 1984 N.E.C. for maximum
spacing.
210.52. Dwelling Unit Receptacle Outlet.,
(.) Gener.1 Provl.lon.. In every kitchen. family room. dining room,
living room, parlor. library, den. sun room, bedroom. recreation room, or
similar rooms o( dwellinJ units. receptacle outlets shan be installed so that
no point alan, tM Roor hn. in any wllllpaC. ;. more Ihln 6 reet (1.83 m).
measured horizontally. (rom an outlet tn that space, including anr wall
spa:e 2 r... (610 mm) or more in width and the Will spac. OCCUpIed by
sliding panels in exterior waHs. The wall space afforded by fixed room
dividers, such as (ree.standing barrtype counters, shall be included in the
6'[00' (L83-m) measurement.
As used in this section a "wall spacc" shall be considered a. wall unbroken
along the floor line by doorways. fireplaces, and similar openings. Each wall
sr;1ce 2 or more (eel (610 mm or more) wide shall be treated individually
and separately from other wall spaces within the room. A wall space shall
be permitled to include two or more walls or a room (around corners) where
unbroken at lhe floor line.
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(FPN): The PU'poIe or..thi. requirement lIlo miRimize JM .IC of corda across
doorways, ',eplaces. IN limit.r opc.nin",
Receptlcle OIItleu .hlll, in.orulI practieable. be spaced equII distlnces
"1""1. Receptlcle outleu in noors .hlll not be counted II part or the
required number or receptlcle outleu unleu located cIoae 10 the will.
The receptlcle outleU required br IhillcctiOlllhall be in Iddition 10 Iny
receptlcle thlt is pari or Iny lisht.ns fillure or Ipplilnce, located within
cobinels or cupboards, or located oyer S~ recl (1.68 m). lbove Ihe noor.
10. Working space at the electrical equipment in the basement shall be as
required by Section 110-16(a) and Table 110-16(a) of the 1984 N.E.C.
ARTICLE IIO-REQUlREMENTS. FOR ELECTRICAlIISTAlLATIONS 70-21
, In Iddition,to the dimensions shown in Tlblc.JJO-I6(1), Ihe work space~
shan not be len thin 30 inches (762 mm) wide in rront or the eleclric
equipmenl.
T.bl. 11~'6(.). Working Clear.ne..
.
.. vonagl 10 Ground, No,.tnetor
MlnlfftUfl'l CI.., DII"nc. (rull
CondlUol'l: 1 2 3
0-150
151-600
3
3
3
31\
3
4
11. Each occupant must have access to the electrical disconnects as
required by Section 230-72(c) of the 1984 N.E.C. They may not be
locked in the storage closet in the basement as they now are.
(e) Ace... to Occupants. In a multiple-oc:cupancy building, each
occupant shall have access to his service disconnecting means.
12. General clean up of the laundry area to assure compliance with
electrical and plumbing codes.
13, Installation of a fire alarm system per Chapter 9. Section 13.307(f)
of the Aspen Municipal Code,
(f) An inlride audible alarm ia to be installed
wherever an alarm i. required by Section 13.307 of
the Uniform Fire Code or Section 3802 of the
Uniform Building Code, except in Bingle family,
duplex, triplex, or fourplex relridential dwellings.
In the C8ee of public ,aeeembly are.. with an
occupant load of one, 'hundred (l00) or more
pereons or where, in the opinion of the building
official or the fire marshal, the installation of an
inside alarm may result in creating panic, the
alann Bignal .hall 'be installed in an attended
area (e.g, projection booth, manager'. office) from
14, Smoke detectors as required by Section 1210(a) of the 1979 U.B.C
may be incorporated into the alarm system'.
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I Flre.warnlng Ind Sprinkler Sy.lem.
s.c. 1110. (a) Flr.....raInl Srlteml. Every d..eIlinl unil .nd every
lUes! room in I hotel or loclpnl house used for lleepinl purposes sh.1I be
provided wi'h smoke detec'ors conrorminlto U.B.C. St.ndard No. 43-6.
In d.....elling units. detectors shall be mounted on the eeitina or wan at .
poinl centrally located in the corridor or .rea aivina access to rooms used
for sleeping purposes. In an dficicncy dwellina unit, hocel sleeping room
and in hotel sui,es, the detector sh.1I be centrllly located on the ceilins or
the main room or hotel sleeping room. Where sleeping rooms arc on an
upper'leye!, ,he detector shill be placed It the center or the ceilins directly
above the stairway. All detectors shall be located in accordance with ap.1
proved manuracturcr", instructions. When actuated. the detector shall
provide an alarm in the dwelling unit or guest room.
15. The boiler room requires a lhr. rated door as required by Section
1212 and should have a second exit as required by-Section 3320(a)
of the 1979 U.B-;C. '
Specll' Hlzard.
Sec. 3320. (a) Boller, Furn.ce .nd Indnentor Rooms. Excepl in Group
R, Division 3 Oc;cupanaes. any room containing I .boiler. furnace, in.
cinerator or other fuel.fired equipment must be provided with two means
or esress when bOlh or the followinl conditions exiSI:
I. The area or the room exceeds 500 square reet, Ind
2, The larse" pieCe or Cuel-fired equipment exceeds 400,000 Btu ,per
hour input capacity.
If two mear, of egress must be provided. one may be I fixed ladder. The
means of egress must be separated by I horizontal distance not less than
hair the greatest horizontal dimension of the room. Where oil-fired boilers
are used, a 6-inch noncombustibluiJI (dike) sh.1l be provided. There shall
be no interior -openings between I Oroup H Occupancy and an incinerator
room.
Every room containina . boiler or central heating plant in Division I
Occupancies shall be separ.ted rrom the rest of the buildins by not less
than a one-hour fire-resistive occupancy-separation.
16. Ground, fault circuit-interrupter receptacles as required by Section
210-8(a) and 210-52(c) need to be installed.
(a) Dwelling UnHs.
(1) All 125-voll. single.phlSe. 15- Ind ,2o.ampere reeeplacles installed
in bathrooms shall have ground-fault c::":cuit.interrupter protection (or
personnel.
(e) Bat.hroom'. . .In dwelling unils .a.t least one wall receptacle oUllet
shall. t'C Installed In the balhroom adjacent" to the basin location. See
Secllon 210-8(a){I).
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SCHEDULE 8
RESIDENTIAL AND LODGE UNIT VERIFICATIONS
PROJECT
LEGAL/ADDRESS
NUMBER OF UNITS
I. RESIDENTIAL UNITS:
A. Blue Spruce Lodge
(North Wing)
Lots A-D, Block 84,
Townsite (303 E. Durant
Avenue)
2
B. North Aspen Inn
Apartments
Lots 7 & 8, Block 3, Conners
Add. (711 S. Mill Street)
6
Lots II & 12, Block 3, Conners Add.
(300 E. Juniata Street) 1
(320 E. Juniata Street) 1
C. Hillside Lodge Lots A&B, Block 91, Townsite 14
(403 E. Durant Avenue)
D. Townplace Lot C, Block 91, Townsite 4
(409 E. Durant Avenue)
E. Chase Lots D-I, Block 91, Townsite 2
(415 E. Durant Avenue)
F. Paas Lot K, Block 91, Townsite 2
(602 S. Mill Street)
G. Melville #2 Lots 17 & 18, Block 2 Dean's 1
Add. (680 S. Mill Street)
H. Black Lots 3, 4 & 5, Capitol Hill 2
Add. (918 S. Mill Street)
I. Previously Demolished
1. 700 South Lots 16 & 17, Anthony Acres 3
Galena (700 S. Galena Street)
2. Snowchase Lots 16 & 17, Capitol Hill 1
Add.
Lot 21, Capitol Hill Add. 1
TOTAL: 40
... .
II. LODGE UNITS:
A. Blue Spruce Lodge
(North Wing)
B. Aspen Inn
C. Continental Inn
D. Previously Demolished
1. Bl ue Spr uce
Lodge (South
Wing)
TOTAL:
,
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E'~"'{ t;:) l r!'r: 72,5
Lots A-D, Block 84, Townsite /
(303 E. Durant Avenue)
Lot 6, Block 2, Conners Add.
Lots 1-3, Dean's Add. and /
Lots 1-6, Block 3, Conners Add/
(611 s. Mill Street)
Lots L-S, Block 91, Townsite
and Lots 1-3, Block 1,
Anthony Acres
(515 E. Dean Street)
Lots 1-5, Block 2, Conners Add.
(300 E. Lawn Street)
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15
65
178
17
275