By Rick Carroll
Aspen, Colorado has decided not to prosecute Mark Hunt and the owners of Boomerang Lodge for the condition of their property. The old Boomerang Lodge has been left in disrepair.
The agreement was signed Wednesday by both parties and approved by Ted Gardenswartz of Aspen, who is the hearing officer in the case.
The agreement established that the city will not pursue “demolition-by-neglect” action against the ownership, provided that it meets a series of repair deadlines starting Jan. 1.
The city initiated a demolition-by-neglect complaint against Hopkins & Fourth LLC, which is the Boomerang’s owner of record and controlled by Hunt, on Aug. 18 in Aspen Municipal Court. The complaint cited “evidence of negligence” including deteriorating structure elements, inadequate waterproofing and damaged architecture details.
The hearing was delayed at least two times to permit ongoing discussions between the parties. This led to the agreement reached this week.
We are happy that the City chose to work with our team in repairing parts of Boomerang which were damaged before we purchased it. We are happy that the City, and Hearing Officer, approved our proposal because it draws upon the talents of our engineers and contractors.
Boomerang’s ownership has agreed to the following terms and conditions:
–Jan. Jan. 1 is when the owner has to remove all debris and trash from the property and lock up the building. This includes clearing debris out of roof drains, checking for leaks, and fixing them. It also involves covering windows with plywood where the glazing or glass has been damaged.
By the end of January, the basement roof drain connections will be repaired and heat tape installed to stop ice from forming on roof drains. Repairs include reinforcing deteriorated concrete, and exposing rebar (reinforcement) steel if damage exceeds 50%. According to the agreement, the owner must also “install a metal illuminated sign not exceeding 6 square feet, which indicates that the site has been designated an Aspen Historic Landmark, and is currently under active supervision.” This sign includes a telephone number to contact Boomerang’s ownership or the Community Development Department of the City.
The Boomerang owner must submit to the Historic Preservation department of the city by April 1 a list of the wood rot and efflorescence, as well as the historically painted surfaces that are peeling off or have been removed, along with a proposal for resolving these issues. Ownership must also provide Historic Preservation with a plan for addressing roof materials that have been damaged by wood rot and moisture on exterior decks. The agreement states that these repairs can only be done after Historic Preservation staff has approved them.
Under the agreement, the city reserves the right to renew its demolition-by-neglect complaint or take other actions if the Boomerang ownership fails to make the remedies by the deadlines.
If compliance was not met, Assistant Attorney Kate Johnson said that the city had several options. Those include the city’s filing a lien on the property and making the repairs itself or prosecuting the demolition-by-neglect charge against the ownership, which could result in fines imposed by a municipal judge. Historic Preservation Commission could impose the harshest punishment, blocking the owner or their successors for up to ten years from getting a permit.
The City will evaluate all options that are available. Johnson wrote in an email sent to Aspen Daily News that the goal was to get the owner to comply.
The demolition-by-neglect complaint was filed on Aug. 16, after city planning and building officials, attorneys and electrical inspectors inspected the Boomerang property twice earlier this year.
The first inspection, on March 13, revealed “numerous instances of deterioration” that were forwarded to the Aspen Historic Preservation Commission, which in turn on June 28 submitted a “demolition-by-neglect” petition to the chief building official, triggering a second property inspection on July 18, according to this week’s agreement.
At the inspection in July, Boomerang was also represented by an external structural engineer hired by the City. The agreement stated that a report from an October inspection by Hunt’s hired firm was “concurring with the City in many repair recommendations” for the property.
The agreement stated that “these repairs will be carried out with the aim of comprehensively identifying the deterioration due to water infiltration and stopping it, as well as securing and protecting the site against trespassers and clearly indicating the fact that this site is being actively supervised and taken care of.”
Hunt’s Hopkins & Fourth LLC purchased the Boomerang Lodge in June 2018 for $10 Million after the plans of previous owners for the property failed to materialize. Charles and Fonda Paterson sold the Boomerang Lodge in 2005, after 50 years of running the property. The Boomerang Lodge is one of Aspen’s oldest ski hotels.
The lodge was preserved by a subsequent owner (not Hunt’s group), including its historic entrance and the public spaces, such as the pool. In the spring of 2007, the west end of the building was completely demolished.
On the 500 block West Hopkins Avenue, you will find the 27,000 square-foot Boomerang property. Hunt previously stated that the plans could include a mixture of duplexes, single-family houses and no more than 500 total units. Hunt didn’t respond to the question regarding his plans for this property. Hunt’s M Development did not file a land use application for this property.
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