, City of

City Attorney's Office

August 30,2016'
Brent Pearsoit

RP Steamboat Springs, LLC

P.O. Box 774165
Steambcmt Springs, CO 80477-4165 RE: Historic Bm*n staicture
Outiot A, Wildhorse Me^idow.s Subc(ivisioi')
DearMr.Pearson;

I am writing to request that RP Steamboat Springs, LLC obtain an assessment of the stability of
the barn structure located on Oufclot A, Wildborse Meadows Subdivision, Filing No. 1, provide a
complete copy of the assessnwnt to the City, and implement any measures recommended in the
assessment to ensure the safety and stability of the structure. The assessment must be prepared
by an architect or siructm'ai engineer qualified to interprel and apply the Secretary of the
Inferior's Sfcwcfaf'ckfor the Treaimwi ofHisfo/'icPf'operfses.

The bases for this requesl are the conditions of approval imposed in Preliminary Plat 06-02 and
Development Plan 06-03 on July 25, 2006 and in Final Development Plan 06-25 on June 26, .
2007. These approval conditions require the developer and/or the developer's successors in
Interest Eo the subject properly lo'maintain fee barn structure on site. These conditions apply to
RP Steamboat Springs, LLC ^s Uie developer of the Wildhorse Meadows project.
RP Steamboat Springs, U/C has, to tlie Cily'fi knowledge, taken no action to maintain the biu'A
structure since tha approval of DP 06-03 and PP 06-02. Accordingly, the City considers RJP
Steamboat Springs, LLC to be out ofcompUance with the ccmdiUous ofPP 06-02 and DP 06-03

as modified by FDP 06-25,

CompUanc& with the terms oftEie Preliminary Plat and Ocveiopment Plan approvals is a pre"
requisite to the approvai by tlie City of final plats, final development plans and other
applications for development in the WfJdhorse Meadows SiibcUvlsicm, includmg lots In the Plaza
Subdivision, The City msy also enforce the conditionR of the approved plans by any of the
methods set forth In Section 26-3 of the City's Comnumity Development Code.

137 10!h Slreet, P.O. Box 775GS8, Steamboat Springs. Gotoracio 80477-5088
(970) 879-2060 Fax (970] 879-8B51 iww.^eamboatsprings,net

I would appreciate a response to this request no later than September 9 2016, Openings m the
roof and w^lls have exposed the Intcdor oftlie bam and Its structtirai members to the elements,
Prompt action is necessary to preserve th& integrity of the historic barn stmcture. Collapse of the
barn structure would complicate your ability to bring the RP Steamboat Springs, LLC property
into compliance with the approval conditions relating {o maintenance of the barn,
Please direct any questions i'egardmg this corretipundence to me or to Tyler Gibbs,

Daniel D. Footc
City Attorney
co; 'City Council
Amnthe Stettner, Chair, LUstoric Preservation Conimission
Gary Suiter, City Manager
Tyler GibbHi Directot' of Planning Services

.Ofyof
City Attorney's Office

August 30,2016
Brian Wilson .

Rudiger Peftig
R-CS-WUdhorse Land, LLC
RCS-WiJdhorse Development, LLC

371 Centennial Parkway, Suite 200

Louisville, CO 80027
RE; Historic Barn structure
Outlet A, Wildhorse Meadows Subdivision
Dear Mr. WUson and Mr. Fettig;
I am wrilmg to request that RCS-WilcEborse Land, LLC and/or RCS-Wildhorse Development,
LLC (hereafter "R.CS") obtain an nvS^essment oflhe stability of the barn stmclm-e iocated'oji
.Outlet A, 'Wlldhorse Meadows Subdivisjcm, Filmg No, 1, provide a complete copy of the .
assessment to tlie City, and implement any meayin-es reconiuiended in the assessnnemt to ensure

the safety and stability of the structure. The assessment must be prepared by an- architect or
siiructura] engmeer qualified to inlcrprel and apply the Secrefajy offhe Jm^nor'.? Swidardsfor .
the Treatment of Historic Properties.
The bases for this request are the conditions of approval imposed In Prelimiaary Plat 06-02 and
Deveiopment Plan 06-03 on July 25,2006 and m Final Dcveiopmeut Pian 06-25 on June 26,
2007. These approval condttions require tlw d&veloper, RP Steamboat Springs, LLC, and/or ttie
developer's suocessors in interest to the subject property to maintain [he barn slmcture on site,
These conditions apply to RCS as the developer's successor in interest to OutlotA, Wlldhorse
Meadows Subdivision, Filing No, 1 and Wildhorse Meadows Subdivisiop, Filing Nos. 6 and 7.
RCS has, to die City's knowledge, taken no action (o maintain the barn stliicture m the three and
hatf yem's smc& RCS acquired i(s inlerests in the Wiidliorse Meadows Subdivision, Accordmgly,
the City consideL-s RCS to be out ofcomplianoe with the condilions ofPP 06--02 and DP 06-03 as

modiUed by PDP 06-25.

e?

Compliance with the terms of the Preliminary Plat and Deveiopmenl Plan approvals is a prerequisite to the approval by the City of final plats, fmal development plan^ and other
applications for devdopment in the WEIdhorse Meadows Subdivision, moiLidlug both OutJot A

\37 -iOfh Street, P.O. Box 775088, Steamboat Springs, Cofocacto 80477-5088
(970) 879-2060 * Fax (970) 879-8851 www.flleamboatspnngs.net

and Piling No. 7. The City may also enforw the conditions ofthe approved plans by any of the
methods set forth in Section 26-3 offhe City's Community Development Code.
I would appreciate a response to tins request no later than September 9, 2016. Openings in the
roof and walls have exposed the interior of the barn and its sl'ruotm'al members to the elements.

Prompt action is necessary to preserve the integrity of the historic barn ytructure. Collapse of fee
barn struotm'e would complicate your ability to bring the RCS properties mtQ compliance with
the approval conditions relating to maintenance of the barn.
Please direct any questions regarding fhls correspondence to me or to'Tyler Gibbs.
Since rely,

0S-^
Daniel D. Foote
City A-ltomcy
W, City Council
Arianthe Steltner, Ch^ir, Historic Preservation Con-imission
Gary Siuter, City Manager
Tyjer Gibbs, Director ofPImming Sei-vices

li

September 23, 2016

Via email
Daniel D. Foote/ City Attorney

City Attorney's Office

City of Steamboat Springs
137 10th Street/
P.O. Box 775088

Steamboat Springs, CO 80477-5088

Re: Barn Structure/ Outlet A, Wildhorse Meadows Subdivision
Dear Mr. Foote:
This letter is in response to your letter dated August 30, 2016, addressed to Mr. Fettig and myself. After
a review of what) believe to be the relevant documents related to this request, I could not identify any
obligation for RCS - Wildhorse Land, LLC (the "Owner"), the owner of the barn structure and the

underlying property, to comply with your request to obtain and defiver an assessment of the stability of
the barn structure located on Outlet A for the reasons stated below.

While you have referenced the conditions of approval imposed in the Wildhorse Development Agreement
dated July 25, 2006 (as amended/the "Development Agreement"), as one of the bases for your request,
Section 2 of the Development Agreement provides that the Development Agreement shall continue for a
period of ten years to July 25, 2016, The Development Agreement has expired by its own terms.
As you may be aware, the Owner tried unsuccessfully to extend the Development Agreement earlier this
year but was denied an extension because, as we were told at the time, the City has no formal process to
extend these types of agreement. That said, even if the Development Agreement had been extended, it

initially required, as you have pointed out, only that "[!]f it is determined feasible and the parties involved
agree (the owners of the grassy knoll area and the URA), the Butterfly Barn will be relocated". Moreover/

Agenda Item #la2/ City Council Communication Form, dated August 23, 2016, that you have provided (the
"CCC Form"), includes a timeline regarding the City CounciFs approval of development plans for TraHhead
Lodge and Wildhorse Meadows Filing No. 2, wherein the City required that the developer obtain approval
of a restoration/reconstruction/relocation plan for the treatment of the Butterfly Barn within 180 days
for FDP approval. The date for approval (9/20/07) came and went without any apparent enforcement
action from the City, along with subsequent approvals for Filings 3,4 and 5.
You have also pointed out that even though there is a reference to a $100,000 contribution in a
Supplement to the Wildhorse Meadows Development Agreement, dated May 25, 2010, and that RP
Steamboat and City officials "discussed the possibility of RP Steamboat contributing $100/000 to costs of
relocating the Butterfly Barn [that this] proposal was never reduced to a contractual obligation or
condition of a development approval." Moreover, prior to acquiring the subject property the Owner was
assured that requirements related to the barn were never agreed upon and amounted only to an item on
the City's wish list.

Phone303.466.2500 1 Fax 3Q3.A&&.W2 ] 371 Centennial Parkway Sui1e 200, louisviiSe CO 80027

I'd also like to point out that Attachment 3 to the CCC Form includes a comment from Mr. John Fielding,
Historic Preservation Advisory Commission that "the current location has tost its historic site significance ,
and a comment from Mr. Doug Beall/ Steamboat Ski & Resort Corporation, that "they do not support the
barn being in that position as a permanent location." These comments are consistent with our
correspondence with URAC in 2015 regarding relocating the barn at no cost to the Owner. We were

negotiating a Bill of Sale and Temporary Easement form supplied by the Steamboat Springs
Redevelopment Authority when for some reason all communications regarding this topic ceased;
however, the Owner remains willing resume these discussions at any time.
In summary, the Owner declines to attain an assessment of the stability of barn structure located on its

property since the Owner does not desire to maintain this structure and would prefer that it be relocated
or demolished before it deteriorates further. That said, the Owner is willing to cooperate with the

relocation of the barn structure by donating the structure to the City or to the Steamboat Springs
Redevelopment Authority or to any other person or entity that desires to relocate the barn. The Owner

agrees that the barn could and should be used to enhance the ski area arrival experience provided that
such relocation is completed while the barn Is still in relatively good condition.

Sincerely,

VP, Condos / Multifamily

Phone303.466.2500 | Fox303.466.4202 | 37 i Ceniennial Parkway Suife 200. Louisville CO 80027

RP Steamboat Springs, LLC. - PO 774165, Steamboat Springs, CO

Dan Foote

City Attorney
137 10th Street

PO Box 775088
Steamboat Springs, CO

Dear Dan,

Thank you for your letter dated August 30, 2016 stating your position in regard to the butterfly barn
located on Outiot A of Wildhorse Meadows.
First and foremost! appreciate and understand the issue of safety and as a neighbor to the property we
are very concerned as to the future of the building as well. During our ownership of the land the barn is
located on we attempted to reach a resolution as to its future and had numerous meetings with various
regulatory and/or governing bodies to create a clear direction. This included the submittal of a plan and
options in November of 2007. The plan, with the help of a third party expert, determined that the barn

was stable at that time. Following that submitta! we had additional meetings with the city in late 2007
and early 2008. As noted in the city council minutes of February 6, 2008
"MOTION: Council Member Ivancje moved and City Council President Pro-Tem
Hermacinski seconded to approve option 1 with the maintenance responsibifity
going to the property owner, maintaining the barn in stable condition on site.

Unfortunately, the economy was hard on our development and through the 2009-2011 period we lost
control of the property that holds the butterfly barn to Bank of America. A Notice of Election of Demand
recorded by Bank of America on November 21, 2011 and a foreclosure recorded on March 21,2012. At
that point RP Steamboat Springs, LLC no longer had possession of the barn, nor did they have access to
the property, as is the case today. RP Steamboat Springs, LLC had assigned ail ownership and
responsEbilityforthe barn property to Bank of America. The property has since changed hands within
the bank and then ultimately sold to market. As per the minutes from the meeting of city council, the
maintenance responsibility went along with the ownership of the property.
Although we have interest in the barn's future, we as an entity have no rights/ownership to the barn nor
any access to it. We did insure that the barn was stable and safe during our ownership and therefore
completed all the obligations within the development agreement whilst we had control over the site.
Ail this being said we would be glad to discuss any potential solutions to the butterfly barn. it is my
understanding that it has been discussed that the barn be moved to another location in the base area to
create an iconic entry feature, and we are fuily in support of such a soiution.
Sincerely^
Brent Pears<
Manager

RP Steamboat Springs, LLC

City Afctomey s Office

October 1-3, 2016

Brian Wiison
RCS-WEIdhorseLand,LLC
RCS-Wiidhorse Development/ LLC

371 Centennial Parkway/ Sulte200

Louisville, CO 80027
RE: Historic Barn Structure

OutlotA, Wildhorse Meadows Subdivision

DearMr.Wiison:

lam in receipt of your letter dated September 23, 2016. i am writing to ask you to reconsider your
decision for the foiiowing reasons.
First, the obligation to maintain the barn does not arise out of the Deveiopment Agreement. Instead/
that obligatEon isa product of the deveiopment approvals, which do not expire, The existence of the
Development Agreement is relevant because it provided record notice of the barn obHgation to
purchasers of property in the Wildhorse Meadows Subdivision. However, the Development Agreement
is not the source of the maintenance obligation and its expiration does not affect the maintenance
obfigation.
Second, the restoration/re location condition referenced in connection with the Filing No. 2 approval
was enforced by the City. The City Council heid a hearing on February 5, 20Q8 at which time the
developer/ RP Steamboat/ and the City Council agreed that the condition would be satisfied by
maintenance of the barn on site fay the property owner.
FEnaiiy, you state that PCS was assured that the barn requirements were never agreed upon. I am open
to reviewing any evidence you have on this point/ but En the absence of a documented waiver or relegse

by an authorized City official;! will proceed with enforcing the approval conditions relating to the barn.
Enforcement action will likely take the form ofacompiaintfordedaratoryand injunctive re!iefmthe
Routt Coursty District Court

137 10th Street, P.O. Box 775088, Steamboat Springs, Goiorado 80477-5088
(970) 879-2060 Fax (970) 879-8851 ^ www.steamboatsprings.net

Please contact me with any questions regarding this matter.

Dariiel D. Foote

City Attorney
Cc: City Council
Ananthe Stettner, Chair, Historic Preservation Commission
Gary Suiter/ City Manager
Tyler Gibbs, Director of Planning Services