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HomeMy WebLinkAboutlanduse case.tu.950 Matchless Dr.0052.2009.ASLU950 MATCHLESS DRIVE 0052.2009.ASLU- TEMP USE PERMIT 27370702003 THE CITY OF ASPEN City of Aspen Community- Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0052.2009.ASLU 27370702003 950 MATCHLESS DR JENNIFER PHELAN TEMP USE TAMI SOLONDZ 10.29.2009 CLOSED BY Angela Scorey on 10/29/2009 NOTICE OF APPROVAL For An Extension of an Insubstantial Temporary Use Permit, VH1 Television Shoot at 950 Matchless Drive, Aspen Colorado. Parcel ID No. 2737-074-02-003 APPLICANT: High Noon Entertainment on Behalf of Alan Becker, PO Box 119, Woody Creek, Colorado 81656 REPRESENTATIVE: Jane Bloom. 310.820.7500 SUBJECT & SITE OF 950 Matchless Drive, the overall scope of the filming project does APPLICATION: rely on other locations not covered by this extension of the temporary use approval SUMMARY: The Applicant requested and was granted temporary use approval to film at 950 Matchless Drive for a total of seven (7) days between August 22' and September 301h (Exhibit A). Up to this date, September 10, 2009, three (3) days of filming at the subject site have occurred; however, the applicant is requesting an extension of the temporary use approval for an additional nonconsecutive seven (7) days. The Community Development Director has the ability to extend the original approval for up to seven (7) additional days. This will provide for a total of eleven (11) days of filming. STAFF EVALUATION: As noted in the original approval, the proposed use is not expected to cause unnecessary hardship on the immediate neighbors. To date, staff has not received any complaints with regard to the three days of filming that have already occurred on -site. DECISION: The Community Development Director rinds the Administrative Application for an extension of the Insubstantial Temporary Use is approved. The extension request meets the review criteria as noted within Exhibit `A' and thereby, APPROVES the request for an additional seven (7) days of nonconsecutive use through October 5, 2009 CONDITIONED upon the applicant notifying the Community Development department of filming dates (no later than the day of filming). APPROVED Y: ris on M Date Community Development Director Attachments: Exhibit A — Initial Temporary Use approval dated August 18, 2009 E Q TH��?:A-v rt�\ NOTICE OF APPROVAL For An Insubstantial Temporary Use Permit, VH1 Television Shoot at 950 Matchless Drive, Aspen, Colorado. Parcel ID No. 2737-074-02-003 APPLICANT: High Noon Entertainment on behalf of Alan Becker, PO Box 119, Woody Creek, Colorado 81656 REPRESENTATIVE: Jane Bloom, 310.820,7500 SUBJECT & SITE OF AMENDMENT: 950 Matchless Drive. The overall project does rely on other locations not covered by this temporary use approval. SUMMARY: The Applicant has requested Temporary Use approval for the purpose of filming a television show for VH 1. The location is a single-family house at 950 Matchless Drive. ;Dales of the sho6t begin..ofi agust22, 2009� The:applicant will inform staff of the next si ,days. Because of the nature of the project as a reality show the applicant does not yet know when subsequent filming days will occur. The impacts are expected to be minimal and are not expected to present an unnecessary hardship on the immediate neighbors. The approval requires contact information be provided to immediate neighbors with the ability and expectation that neighbor issues and concerns will be addressed by the applicant. STAFF EVALUATION: Pursuant to Chapter 26.450 of the City of Aspen Land Use Code, Temporary Use is a use that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary or seasonal basis upon individual review of their proposed nature, location, duration, impact, and compatibility with surrounding permitted uses and structures, excepting outdoor merchandising or commercial displays which shall not be permitted as temporary uses. Temporary Use, specifically Insubstantial Temporary Use, may not exceed a period of seven (7) days and the Community Development Director has the ability to extend this use no longer than seven (7) additional days. All Temporary Use Applications are subject to the review criteria under Section 26.450.030 of the Code. This list of criteria has a wide range of items including but not limited to; location of use, duration of the proposed temporary use, and statements reflecting upon how the proposed temporary use will enhance or diminish the general public health, safety, or welfare. All applications must include a description of how the proposed use indemnifies these items. Pagel of 3 The proposed Temporary Use is for 7 days of activity until October. The property is located in the R-6 Zone District and this is not a use that is specifically allowed, although it can be approved on a temporary basis. The nature of the use, as described, is not expected to cause unnecessary hardship on the immediate neighbors or the neighborhood. No special resources are requested from the City. The applicant has submitted a parking plan that uses 5 on -site spaces and a few street parking spaces. Outdoor lighting is expected to be minimal and the applicant is aware of the City's lighting code. None of the expected impacts appear to be unreasonable. However, staff has requested the applicant provide contact information to the neighbors with the hope that reasonable neighbor issues can be resolved quickly. The insubstantial Temporary Use complies with the standards of review and is not expected to create unnecessary hardship or inconvenience on the neighbors. The approval is granted with the understanding that contact information will be provided to the immediate neighbors in order to resolve any issues that come up. The applicant intends to send in a second application for Council approval to extend the time limits for use of the property at 950 Matchless Drive. APPROVED BY: I Chris ndon Community Development Director &P, I Date Attachments: Exhibit A — Temporary Use Review Standards Page 2 of 3 Exhibit A Sec. 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. The parking and lighting impacts appear to be minimal and not unreasonable expectations for a single-family residence. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The use is accommodated in existing structures. The proposal describes uses and activities that do not represent a significant departure from everyday use patterns. No long-term affects on the character of the vicinity will occur. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The application describes S on -site parking spaces and 2 off -site, street parking space. This use does not represent a burden on municipal services. No special accommodations from the City are requested D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. This use has not been approved for this site before. The uses is for 7 days over a two month period, within the bounds set forth for an insubstantial temporary use. E. The purposes and intent of the zone district in which the temporary use is proposed. The R-6 Zone District is for single-family and duplex houses. Television filming is not a specified use in the zone, but can be approved on a temporary basis. Staff believes the temporary use is compatible with the zone and the neighborhood. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. As event being held in an already established building, there would be no relative conditions or character changes. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The event will not diminish the general public health, safety or welfare — it is primarily contained on -site with minor expected off -site impacts. Page 3 of 3 Li Jennifer Phelan From: Tami Solondz [tamisue@mac.com] Sent: Thursday, September 10, 2009 12:10 PM To: Jennifer Phelan Cc: Jane Bloom Subject: Re: Alan Becker House Thanks for working with us Jennifer. Please consider my e-mail a written request for an extension of the insubstantial amendment of the temporary use permit. Since we rarely start shooting before noon, we would like the option to e-mail you the morning of shooting at 950 Matchless to inform you of our plans to shoot there. We will most likely know our shooting schedule the night before but things tend to change. In any case, we will let you know as soon as we plan it, the latest being the morning of. Please be sure to let me know if you need any more information from us. Many thanks, Tami Tami Solondz tamisue@mac.com PO Box 2829, Aspen CO, 81612 970-948-0410 On Sep 10, 2009, at 9:16 AM, Jennifer Phelan wrote: > Hi Tami: Thanks for getting back to me. I can consider your email a > written request for an extension of the insubstantial amendment of the > temporary use that was administratively granted. I can have a written > approval to you by Monday and will send it via email. One of the > conditions of the original approval was for the Community Development > department to be informed of the dates that filming at the site would > occur. This will still be required. I'm not sure how far in advance > you know your filming schedule. If you know the specific dates in > advance, great, otherwise an email to me no later than the morning of > filming will do. I'd like to be in a position to state that you are > operating within the parameters of the approval if we get any calls. > Let me know how you will inform our department of the filming dates. > If you have any questions, please let me know and thanks for working > with us. > Regards, Jennifer > Jennifer Phelan, AICP > Deputy Director > Community Development Department > City of Aspen > 130 S. Galena Street 1 > Aspen, CO 81611 > PH: 970.429.2759 > FAX: 970.920.5439 > www.aspenpitkin.com > -----Original Message ----- > From: Tami Solondz [mailto:tamisue@mac.com] > Sent: Wednesday, September 09, 2009 7:08 PM > To: Jennifer Phelan > Cc: Jane Bloom; Errin Evans; Chris Bendon > Subject: Alan Becker House > Hi Jennifer, > Thanks for your call. We'd like to move forward with the permitting > process and filming the remainder of our show. > Out of the seven days allotted on our original Seven Day > Administrative Temporary Use Permit, we have used 3 days. > That leaves us four days to shoot. > We appreciate your offer of a Second Seven Day Administrative > Temporary Use Permit. That would give us a total of 11 days to shoot > at 950 Matchless Drive. I believe we this would suit our needs. > Please let me know how to exactly what you need from us to obtain this > second permit. E-mail or phone would be the most effective way of > contacting me as I only visit my PO Box, once a week. > Sincerely, > Tami > Tami Solondz > tamisue@mac.com > PO Box 2829, Aspen CO, 81612 2 • 1] ALAN BECKER 950 Matchless Drive Aspen, CO. 81611 USA TEL. 970-925-1462 FAX 970-925-7224 CELL 970-948-6688 September 4th, 2009 To Whom It May Concern: 1, Alan Becker, owner of residential property located at 950 Matchless Drive, Aspen, Colorado 81611 consent and approve a temporary use application through Aspen Community Development for filming by VH1 and High Noon Production Company and approve Jane Bloom and Tammy Solondz as representatives Alan Becker date Jennifer Phelan From: Jane Bloom Ubloom@highnoontv.com] Sent: Friday, September 04, 2009 4:37 PM To: Jennifer Phelan; Errin Evans Subject: Alan Becker AGreement for High Noon! Attachments: Alan Becker Agreement. pdf Hi Jennifer, Attached is the letter from Alan Becker, the owner of 950 Matchless. Let me know what else you need. Just so you know, we now have 24/7 unarmed security (plain clothes'd) on site. So that should help! Let me know if you need anything else... Thanks, Jane Jane E. Bloom Production Manager High Noon Entertainment 443.939.6001 cell 970.925.1017 hotel fax f K L,/ J L�- c. ' Vt' r- r I) `)v �-��-N� i6 ►� 30 25 HIGH • • E N T E R T A I N M E N T High Noon Entertainment and VH1 have been issued a Temporary Use Permit by the City of Aspen to shoot a television show titled 'The Aspen Project' at 950 Matchless Drive, Aspen. Here is what you can expect: Dates: August 19, 2009 - October 5th, 2009 Shooting Schedule: We will be shooting partial days. We have 14 separate locations in and around Aspen that we will also be shooting those days. Number of People: The cast and crew will average of 14 people, at the most, 20 people. Vehicles: While we are shooting, there will be an average of three to five crew cars on the property at one time. These vehicles will use the five spots (including the garage) on the property within the enclosed fenced area. There are two/three spots on the Spruce Street side of the property that will be used by the two cast members whom will be living in the house. Residents: Two cast members will be living at the house during production. Exterior Lighting: There will be very minimal lighting around the hot tub on one occasion. If you have any questions or concerns, feel free to contact me. 7Tami r ly, Solon Local Location Manager PO Box 2829 Aspen, CO 970-948-0410 • Agreement by you and/or any Party confidentiality waiver from each Party. i In addition, if requested by Producer, you will assist Producer in securing a All aspects of the publicity and promotion for the Project shall be at Producer's and its designee's sole discretion. During and after the Tape Dates of this Agreement, neither you, nor any of your employees or agents shall directly, or through any publicity representative or otherwise, circulate, publish or otherwise disseminate any news story, article, book or other publicity relating to Producer's participation in the Project and the subject matter of this Agreement, Producer, the Pilot, or the Series (if any). The foregoing shall not be deemed to prohibit you from Issuing publicity that Includes incidental references to the Project and your involvement therein, provided the same occurs after the initial press release for the Project has been Issued by Producer and does not mention the Project, Producer or any other person or entity Involved therewith In an unfavorable or derogatory manner. Without limiting the foregoing In any manner, you acknowledge and agree that Is shall not at any time use any of Producer's names, logos, trade names or trademarks or any MTV Networks names, logos, trade names or trademarks (including, but not limited to, MTV: MUSIC TELEVISION, MTV2, MTVU, VH1, NICKELODEON, NICK-AT- NITE, COMEDY CENTRAL and the title of the Project), or those of any related companies, in connection with any kind of advertising and promotion, publicity, merchandise, tie-in, product or service. This Agreement expresses the entire understanding between the parties with respect to the subject matter hereof and may not be changed, modified, or terminated except in writing. If any provision of this Agreement is adjudged to be void or unenforceable, same shall not affect the validity of this Agreement or of any other provision hereof. This agreement, its validity, construction and effect shall be governed by the laws of the State of California. The parties hereto agree to submit to personal jurisdiction of any state or federal cou located in the coup of Los Angeles and the state of California. !iL MH NOON WEST, LLC. Vfafne of ntity or in ftal) By: By: —a_zilz Print name: /�f-f�� �� Print name: p Title: 0 WTitle: OVA a 09-01-08 Untitled Aspen Location Agreement (fee) v2 ADM • Schedule "A" 101 YOUR PERSONNEL PROVISIONS This Schedule "A" is attached to and made part of the location agreement ("Agreement") agreed to as of , between High Noon West, LLC ("Producer") and ("You") in connection with You providing the Property as a location and the services of certain individuals who are employed by You or hired by You to render services for Producer (the "Your Personnel") in connection with the television program tentatively entitled the Untitled VH1 Aspen Show (the "Show"), The terms below shall be considered part of the Agreement. 1. The parties hereto are entering into this Agreement as independent contractors, and no partnership or joint venture or other association shall be deemed created by this Agreement. You will have the entire responsibility of employer of each member of Your Personnel and will discharge all of the obligations of employer under any federal, state or local laws, regulations, ordinances or orders, foreign or domestic, now or hereafter in force, including, but not limited to, those relating to taxes, unemployment compensation or insurance, social security, disability pensions, tax withholding and including the filing of all returns and reports required of employers and the payment of all taxes, assessments and contributions and other withholdings, assessments and payments required of employers. You will deduct and withhold from the consideration payable by You to each member of the Your Personnel all amounts required to be deducted and withheld under employment agreements under the provisions of any statute, regulation, ordinance or order, foreign or domestic, requiring the withholding or deduction of compensation. 2. You warrant and represent that You are and has been for more than thirty (30) days prior to the date hereof, a corporation, duly organized and existing under the laws of Your place of incorporation and is a bona fide corporate business entity established for a valid business purpose within the meaning of the tax laws of the United States and not a mere sham, conduit, or agent for any member of Your Personnel. 3. You warrant and represent that each individual comprising the Your Personnel is under a written employment services contract with You and will continue to be throughout the term of this Agreement. that You have the right to direct each member of the Your Personnel as to when and how such member of Your Personnel performs his or her services; that You have and will have the right to furnish the Your Personnel's services to Producer hereunder for the term of this Agreement; and that You have and will have the right to grant all rights of whatsoever nature in and to the results and proceeds of such services. 4. You shall secure a policy of worker's compensation insurance (extended to all of the Your Personnel [as defined herein] provided for the Show either through You or a third party payroll service) applicable to its acts and omissions hereunder. Such worker's compensation insurance shall satisfy applicable statutory requirements. You shall supply Producer with a certificate of insurance evidencing such policy. Such policy shall be secured at Your own cost and expense; shall include a provision requiring the insurance company to give Producer thirty (30) days prior written notice of any material diminution or cancellation thereof; and shall include a provision that it shall be deemed to be primary insurance covering any claims arising out of the services of the Your Personnel in connection with the Show and that any Insurance obtained by Producer with respect to such claims shall be excess insurance. 5. You warrant and represent that You will discharge all duties as employer of the Your Personnel under and pursuant to the terms of all applicable laws, regulations, ordinances and orders, foreign or domestic. 6. Notwithstanding anything to the contrary set forth herein, You hereby warrant and represent that for the purpose of any applicable workers' compensation statutes (the "Statutes"): an employment relationship exists between Producer and each individual comprising the Your Personnel, such individual member of the Your Personnel is Producer's special employee; Producer is such individual member of the Your Personnel's special employer; and You are such individual member of the Your Personnel's general employer (as the terms "special employee,' "special employer" and "general employer" are understood for purposes of the Statutes). In this regard, You warrant and represent that (I) any rights and remedies of such members of the Your Personnel (or such member of the Your Personnel's heirs, executors or administrators) against Producer (or Producers principals, officers, agents and/or employees, including, without limitation, any other special employee of Producer) by reason of any injury, illness, disability or death of such member of the Your Personnel (collectively, "harm to Your Personnel") covered by the Statutes and arising out of and in the course of the Your Personnel's services hereunder, will be limited to those rights and remedies provided under the Statutes; (ii) Producer (and Producers principals, officers, agents, and/or employees, including, without limitation, any other special employee of Producer) shall have no obligation or liability to You (or Your principals, assignees, licensees, transferees or designees) by reason of harm to the Your Personnel, and (III) neither You nor such member of the Your Personnel (or the successors in interest of either) shall assert any claim arising out of harm to the Your Personnel against any other entity which furnishes to Producer the services of any other special employee. Producer and You hereby make any election whatsoever necessary to render the Statutes applicable to Producers engagement of You and/or to such member of the Your Personnel's services hereunder. If and as required by law, You shall carry and maintain at Your sole cost and expense Workers Compensation Insurance at all times You are providing Resources to Producer hereunder. You shall provide Producer with a Certificate of Insurance attesting to such coverage upon Producers request for such. You shall cause all individuals comprising the Your Personnel to execute documentation confirming this Section 3 of the Rider. 7 You hereby agree to indemnify and hold harmless Producer, its successors, transferees, assigns and licensees, and the respective agents, associates, directors, officers and employees of each, from and against any and all damages, costs, expenses, claims and causes of action (including, but not limited to, reasonable outside attorneys' fees and costs in the defense and disposition of such matters), in any way arising by reason of (i) any claim for compensation by any individual member of the Your Personnel and/or claims for payment by any third party related in any way to any individual member of the Your Personnel, (ii) any failure on Your part to make or pay the required deductions and/or withholdings from the compensation payable by You to any individual member of the Your Personnel, and/or (III) the breach by You and/or any individual member of the Your Personnel of any provision, agreement and/or warranty contained in this Schedule "A" or the Agreement. 8. The representations, warranties and indemnities set forth in this Schedule "A" are in addition to, and not in limitation of, those contained in the Agreement. 09-01-08 Untitled Aspen Location Agreement (fee) v2 ADM 'PILU1 t, X)PU401, . 0 ,950 'dateless ]Drive, Aspen, .Colorado 8,1611 a please av-)J- tel.: 970-925-1462 cell; 970- 948-6688 GW, 5 0;" ; r, x: 970-925-7224 red J f\--� U -%Q- email: alan Becker@hotmail.com RESIDENTIAL RENTAL AGREEMENT >ndu se- O-N JA SUMMARY Or TERMS S ' q ( u1e a e Lessor duslres to louse to Lossco wid Lusscu dusires to Imu from Lessor tho pro{peSQ�Sste UPVn h`i b° described upon the terms urtd cottiditlau tiurulll set l0rtlt. •� 25 t�L tis� SL'C'1'tON I, Dcslbiiutlo►t ofrcntul 1'ro{?crtys�� � D,t,� I o5V wt �z a.lt �P�►, en. 6 1 bt ,,II SECTION 1.1, DosIgnailon of rmial tcrn1; �v ► ' SECTION III. Nance and notice address of Leseo . SEMON 1V. Natno aid liotlec uddr;ss o1*.LcSSt:t:: �—. k • o D 1 JM�''t0'-rA-*Qw1 q 3, SECTION V. Designation of Finwicial Terms: Moiilltly, Nfulitly, WcOdy hate: 5 Term hate: S Tux (9.6%): N/A Sel'YICO FCC (2.5%) NIA Total for Mental Period: S Deposit Payment Amount: Due Date: . Final Payment Ainoutit: Duo Date: Security/Dawago Deposit; Due Date; S Upon Lase Execution S $5000.00 Omit SL`•CrION VI. Method orpuymew: BY Uood Cumj ,_clther it ocisonul check or wire: trunsl'er to Altus Becker Cheeks mule payable to Alan Deckcr 950 Mutchless Drive, Aspen, Colorado 81611 Wtru transfer 11uulc Nu Roullog Nuuther Lessee /of V.Lessor .0 Te-otrn"A w fbI-wAN411z-E' Wells Fargo Bank, N. A. —=-> -Z.'"�' 119 S . Mill St. Aspen, Colorado 81611 Account Number: 2883052686 SECTION VII. Maid Service: Lessor shall provide the Property in Maid clean condition. Lessee will be responsible for the typical dapurlurc c1canin6. Maid service will be arranged for by Ala: Becker and deducted from security dcpusit SECT40N VIII. Property Mainteliancc: Subject to Suction IX below, Lessur will be respuiisible_ Ibr uny Pruperty repairs needed during the rental period. Lessee will contuct Alan Becker ut 970-925-1462. "1'tic bears have a humun probleiu uid Aspen is making u cuneertcd el'Ibrt to dully the bran any sources of food. it is important that Lessee pt.rticipate ill this community effort by containing all garbage in provided container. SECTION iX. Liability for Damage to tine Property: In the event of any damagq to the Property, or fixtures, appliances, or furnishings therein, Lessee shall notify Alan Becker � It shall be the responsibility of Lessee to reitnburse for any costs of any repairs caused by Lessee or Lessee's fumily or guests. All other repairs needed which are normal wear and tear shall be the responsibility ul' Lessor. ^ SECTION X. Nunnber of Occupants: !� - adults SECTION Xi. Acceptance of Property: •V Lessee acknowledges Lessee unconditionally accepts tine Property, having conducted a physical walk-through, or personally reviewed photographs and a written description. 33 LESSEE AGREES TO PERFORM A THOROUGH WALK THROUGH Of THE �d PROPERTY AND MAKE A LIST OF ANY AND ALL DAMAGE S.-I'l-IA'I' COULD 1311- MISTAKEN FOR LESSEE DAMAGES dtl:ATED BY LESSEE- UPON DE•PARTIJ1W DAT:E.:- LETSEE 6WM-S TO I'ItOV1DU •1.1-IL- WRI't-IT'N LISTOF DAMAGES TO C ALAN BECKER , WITHIN 48 HOURS OF ARRIVAL. SECTION XiI. Use of Property: Lessee understands the Property is wprivately-owned residence and may be used and ogpp-iqd only as a private dwelling and for no other reason. Neither Lessor nor Alun E Becker , shall be responsible for providin6 any udditionul equipment or furnishings not r in/on the Property. Locked off arcus are reserved for the use of Lessor at arc not a� w\�� ,12aN�`�'"�,c�`f` •. �� 1- Lessor �,\o J�YoCA 2 of part of this Lease. Lessee agrees that the occupancy of the Property shall be limited to residential purposes only, and to Lessee, members of Lessee's immediate family, and occasional guests. During the terin'of this Lease, Lessee shall comply with all covenants, conditions, restrictions, laws, ordinances, orders, and regulations affecting the Property. Lessee shall not permit or allow any disorderly conduct, excessive or unreasonable noise, or any nuisance in anyway in or around the Property. During the term of this Lease, Lessee, at Lessee's expense, shall maintain file Ploperty ill clean condition and muinluin fixtures and appliances in good repair and working order, excepting uornlal wear a,ld tear. Lessee agrees to obtain prior written permission tram Lessor Cur events ur parties in excess ofMcuPle. No more than people to uccupy the house 1►l ally one bolo. I.e:;:a e ncccl►lx Coil reslu►nsihility for all guests and invitees and IMIlily 111e1 hers who may be on the Property during the term of this Lvusu. SECTION XIII. Utilities: Lessor is responsible for all utilities excluding long distance phone charges, which are the sole responsibility of Lessee. If tiny long distance calls are charged to Lessor's phone bill, Lessee must pay such charges immediately upon receipt or they will be deducted from the security deposit. SECTION X1V. Pets: Pets are not allowed on or ill the Property. SECTION XV. Indemnity: Lessee agrees to hold harmless and indemmify 1,�:bsur front ally and all Claims, costs, causes, judgments or liability 1-or ally ItISSeS ur damage lu any properly ul'or any injury or death to uny persults in or uhuul the I'reunises during the tci►m of this I.euse A6welucnl. including, but not limited to, Lessee, its tiullilies, agents, servants, guests, licensees or invitees; and, further, Lessee shall indemnify Lessor for any payments, expenses, costs or attorney fees incurred by Lessor as a result of the actions or inactions of Lessee or Lessee's fancily, agents, servants, guests, licensees or invitees. SECTION XVI. Liability: Lessor shall not be liable to Lessee or Lessee's guests for any damages or losses to purson or property caused by other persons including thelt, burglary, assault, vandalism or other crimes. Lessor shall not be liable to; Lessee or Lessee's guests for personal injury or for damage to or loss of their personal:pruperty caused by fire, flood, water leaks, rain, hail, ice, snow, smoke, lightening, wind, explosion, intcrruptiun of utilities ur 011ie" uccorrel►ces. Lessor recommends Lessee obtain renters' insurance to prutt:et Lessee's pruperty against all the above occurrences. Pitkin County, Colorado, shall have jurisdiction. SEC' MN XVII. Additional Provisions: Lessor 3ofI/ • 1. No smoking is permitted on the Property. In the event that smoking lies occurred it the Property during the term of this Lcuse, Lessor may require and fabrics, furniture, or carpets to bo cleaned at Lessee's expense.;Lessor will have the right to retain the entire amount of the security/damages deposit turd may charge the Lessee's credit card for any additional expenses associated with this violation. 2. The undcrsigucd ucknowlvdbi: the ubuvc provisions ul'thc rcnttil and the rcecipt of u copy of this document. This document euntuins the entire ugrcwncnt betwecu the parties and muy only bu unwndeJ In u writing siUned by the ponies. 3. Facsimile: It is ut;rccd by Lessor ui►d Lexsvv that tucSintilc �i6natureS in euuntcrpart un this Leusu Shull mistltuttS orighial siunwlurvs. 4. Insurance. Lessor sliall insure the Prcritises against fire, normal extended coverage Perils urtd malicious mischief to the extent of replaecnient cost value. During the term hereof and tiny extension thereof, Lcsscc Shull, ut its rllwatain in Cull force and cl'1'cct a renter's insurance policy covering all of Lessee's personal property on the Premises. 5. The Lessor may at reasonable times and with rcusoriuble notiec enter the I'rcntises to examine, to make repairs, and to show it to possible buyers, icnders or tenants. The Lessee Shull not place any siLns upon the Premises. Upon reasonable notice to the Lcsscc, the Lessec shall cooperate with the requests of the Lessur or the Lcssur's ubcnls ur Urukcrs to Shuw the Premises to prospective purchasers or rclitcrs during normal business and daytime weekend hours, G. The Lessee muy not sublet ull or mart ul'thc 1'icmiscs ur ussibn this Lease ur permit uny other person to use the Premises withuut Ow Lrssur's prior written consent, which owy be withheld in the Lessor's sole and absolute dismliun fur any rcasurt ur for nu wasun. T. A copy of thls document may be executed by each party, separately, acid when euch party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. Note: There are no refunds if Lcsscc cancels for any rcason. I I' Alan Becker is �t Ct i 5 notified by Lessee of a cancellation, .Alan Becker will snake its best effort to relt use be�La en the Property for that satire periud. 11'thut effort is successl'ui, Alan jecker, will Q� reimburse Lessee ull of the advance deposit, minus 5 t UU.UU per perSon adtniniStrulivc 1•cc,t5 A�rccd oll lllis q day orb Alan decker EDO r - MP11 , 10' Ts�loCc�On c o�ree(Ywn 6hu.11 Co�� L,,tj�az- 4 off Lessor nlzu.t..>Gt%xOr . • • • . 950 -Matc�ess Drive, Aspen, .Colorado al611 0 tel.: 970-925-1462'cell; 970-948-6688 `"��`.�- ,x: 970-925-7224 ne rd 5 U email: alan Becker@hotmail.cgm 6�5 t�e�l ` RESIDENTIAL RENTAL AGREEMENT hnU Se Q SUMMARY Or TERMS S��k a uie a Lessor dcsires to Icuso to Lessoo and Lcssec dcsirus to lcuw !moat Lessor the P described upon tho terms and conditions hurvIn set !'brill. SL'CCION I. DeslLuutluu of restful Nruhcrty:��l�L� �S� U hkf q.45P Wi DIZ. t vz OW ocwv- Pam', 4n. $ t b t Ie 5sce �,,11 ac SECTION II. DoIgnailon ofrcolal icrin: r����eCt r��� �S 4'► t►� SECTION 111. Name and notice address of Lessor — � . -,�Pj I -z 7- �a SEM 10N IV.1> mno and nollco utlllress dLcswc: —. t*. � • �boa 1 .�k� SECTION V. Designation of Financial T"•ernis: —I—, rg "D. Mbttlltiy, Nictitly, Wccltly hate: S Term Rate: S Tux (9.6%): N/A Scrvleo Foo (2.5%) IVA Total for Rental perlod: S Deposit payment Amount: Duo bate: . Final payment Amount: Duo bate: Sccurlty/Danlago Deposit: Due Date: S Upon Lease Execution S ' $5000.00 clicch SIXMON Vl. Method of Vayntatt: M BY good tutliLt-5tther a twisonul creek or wire: trunsfur to AW Ducker Checks made payable to , . Alew Becker 950 MutchlCss DrivC, Aspen, Colorado 81611 Hlru transfer Bank Nato Rou.ling Number Lessee I� luf V. Lessor Wells Fargo Bank, N. A. .. 119S.Mill St. Aspen, Colorado 81611 SECTION VII. Maid Service: Account Number: 2883052686 Lessor shall provide the Property in maid clean condition. Lessee will be responsible for the typicul departure cleaning. Maid service will be arnmgcd For by Alan Becker Laid deducted from security depusit SECTION VIII. Property Muinichance: Subject to Section 1X bclom Lessor will be reshunsiblc for any Pruixrty repairs needed during the rental period. Lessee will contact Alan Becker ut 970-925-1462. 1'hc bears have a human problem and Ashcn is nuking a converted ct'lort to deny the be;u•s any sources of food. It is important that Lessee participate in this community effort by containing all garbage in provided container. SECTION IX. Liability for Damage to the Property: In the; event of any dttmal;c to (lie Property, or fixtures, appliances, or furnishings therein, Lessee shall notify Alan Becker it shall be the responsibility of ',essee to reimburse for any costs of any repairs caused by Lessee or Lessee's family or guests. All other repairs needed which arc normal wear and tear shall be the responsibility ul' Lessor. SECTION X. Nmber of Occupants: -4, Wz:.T-5 (I---g J-->) adults T� V P `TT ZS SECTION XI. Acceptance of Property: Xn Lessee acknowledges Lessee unconditionally accepts the Property, having conducted a 80 physical walk-through, or personally reviewed photographs and a written description. LESSEE AGREES TO PERFORM A THOROUGH WALK THROUGH Of THE PROPERTY AND MAKE A LIST OF ANY AND ALL DAMAGES THAT COULD B MISTAKEN FOR LESSEE DAMAGE, S'CRL`•ATED BY LESSEE UPON DL•PAR"1'Ultl: ` DATE - LESSEE 60J. I�4S -1.0 I)KOVIDE TIME WRITITN LIST OF DAMAGES TO � r ALAN 13ECKER , WITHIN 48 HOURS OF ARRIVAL. SECTION XII. Use of Property: Lessee understands the Property is privately -owned residence and may be used and 'e550 �c�upigc a only as a private dwelling and for no other reason. Neither Lessor nor Alan Beekcr , shall be responsible for providing any additional equipment or furnishings not A, r it'/on the Property. Locked off areas are reserved for the use of Lessor at d arc not tt�+� 0`A' 0�1 vlvI�u�,L� � '1 Lessor �\-Xb ��Y� oQ 2 of 7 L part of this Lease. Lessee agrees that the occupancy of the Property shall be limited to residential purposes only, and to Lessee, members of Lessee's immediate family, and occasional guests. During the term'of this Lease, Lessee shall comply with all covenants, conditions, restrictions, laws, ordinances, orders, and regulations affecting the Property. Lessee shall not permit or allow ally disorderly conduct, excessive or unreasonable noise, or any nuisance in anyway in or around the Property. During the term of this Lease, Lessee, at Lessee's expense, shall maintain the Property ill eican condition and tnaintuin fixtures and appliances in good repair and working order, excepting normal wear and tear. Lessee agrees to obtain Prior written Permission 1ro►n Lessor for events or panics in excess of2pe0ple. No more than peullle. to occupy the hor►le at ally one tin►c. I.cswe r►ccepts I1111 rexlu►nsihility for all guests and invitees and fiimily members who Ill;ry be on the 1,1-operty during the term of this Lease. SECTION XIIt, Utilities: Lessor is responsible for all utilities excluding long distance phone charges, which are the sole responsibility of Lessee. if ally long distance calls are charged to Lessor's phone bill, Lessee must pay such charges immediately upon receipt or they will be deducted from the security deposit. SECTION XIV. Pets: l Pets are not allowed on or in the Property. SECTION XV. Indemnity: Lessee agrees to hold harrlllcss and kidvil ►lif'y Lessor I'roln ally and all claims, costs, causes, judgments or liability for any losses or damage to any property of or uny injury or death to u►ty persons in or about the Prerllises during the ter►ll of this Leasc A6recrtu:nt, including, but not limited to, Lessee, its ftullilies, ,bents, servants, guests, l'teensecs or invitees; and, further, Lessee shall indemnify Lessor for any paynients, expenses, costs or attorney fees incurred by Lessor as a result oftlte actions or inactions of Lessee or Lessee's family, agents, servants, guests, licensees or invitees. SECTION XV1. Liability: x� Lessor shall not be liable to Lessee or Lessee's guests for any damages or losses to person or property caused by other persons including tile['(, burglary, assault, vandalism or other crimes. Lessor shall not be liable to; Lessee or Lessee's guests for personal injury or fur damage to or loss of their personal'property caused by lire, flood, water leaks, rain, hail, ice, snow, smake, lightening, wind, ex1 losio►l, illterruplloll of utilities or other uucu►-rcttces. Lessor recommends Lessee obtain renters' insuronce to prutect Lessee's property against till the above occurrences. Pitkin County, Colorado, shall have jurisdiction. SEC' N XVI1. Additional Provisions: 3 of I/ Lessor 1. No smoking is permitted on the Property. In the event that smoking has occurred it the Property during the term of this Lease, Lessor Inay require and fabrics, furniture, or carpets to be cleaned at Lessee's cxpense.:Lessor will have the right to retain the Claire amount of the security/damages deposit said may charge the Lessee's credit curd for any additional expenses associated with this violation. Z. The utiJcrsibucJ uektwwlt;dgc the ubuve pruvisiuns of 111V rental and the rcccipl of u copy of this document. This document cotltuins the entire ugrecnlent between the parties unel muy only t)u ulllendud I,% u writinL siLncd by Ills purtics. 3. 1=ucsintilu: It is ui;rced by Lessor sad Lessee that f:lcsinlilc sibnatun;s ill cuuntcrpui t oil0%4 Lcusv silull consthuta oriLhlul siunuturt». 4. Insurance. Lessor shall insure: the premises against fire, nontial extended coverage perils said malicious mischief to the extent of replaccownt cost value. During the terns hercol and any extension thereof, Lessee shall, at its expcnsc, rnaitltain ill I'ull force and CITfccl a renter's insurance policy covering all of Lessee's personal property on the Premises. 5. The Lessor may at reasonable times and with reasonuble notice enter tile: !'remises to examine, to make repairs, and to show it to possible buyers, lenders or tenants. The Lessee silull not place ally siLlls upon the Promises. Upon reasonable notice to the Lcssec, the Lessee shall cooperate with the requests ol'the Lessor or the Lcssur's agents or brukcrs to show the Premises to prospective purchasers or retiters during normal business and daytime weekend hours, 6. The Lessee may not sublet all or I>art ut'thc 1lrcmiscs or assign this Lease or permit uny other person to use tilt; Prclllises witlluttt the Lessor's priur written coment, which owy be witlllleld is tl►c Lessor's sole and absuluic discrutiun fur any rvasun or for no rt::,run. T. A copy of this documcilt may be executed by each party, sch;irately, and when each party has executed a copy thereof, Such copies taken together shall be deemed to be a full anti complete contract between the parties. • � � t1 �1� � t v, �t � Note: There arc no refunds if Lessee cancels for any reason. I1' Alan Becker is 1�ct�1; notified by Lessee of a cancellation, .Alan Becker will make its best effort to release arY, the Property for that same period, II'th,►t effort is successful, Alan Becker will h�'{ reimburse Lessee all ofthc udvartce deposit, minus �IUU.UU per pmun adtmil►isti:ative 1'rtr. 4yz f {ck)` (tUlk4t11c' 1 AGrccd oil lhls H day of ..•. `'� , I - Alan Becker 4 Lilt 1 9-1 ck zv-r '�hk T,-1-�oecOr'ao a tv e I1YVn w4octL 0�5- 4 or4t Lessor • • Jennifer Phelan From: Jane Bloom Ubloom@highnoontv.com] Sent: Thursday, September 03, 2009 2:33 PM To: Jennifer Phelan Subject: Re: 950 Matchless Drive Application Attachments: Comm dev permit.pdf; image001.jpg Hi Jennifer, I have the file proof that it was all sent over. Attached is the least, location agreement, and the description. I'm not sure what the disconnect was, but this was all originally submitted. Jane On Thu, Sep 3, 2009 at 2:22 PM, Jennifer Phelan<Jennifer.Phelan@ci.aspen.co.us> wrote: Hi Jane: I have gone through two copies of the application and there is not a signed location agreement or lease agreement included in the materials submitted. Dates of filming (or timeline) and expected crew numbers are also not included. Attached is the application we received. So, please submit the I information that I requested as it is not in your application. Thanks, Jennifer Je+wli{ Phe2an., AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Jane Bloom [maiIto: ibloomAhighnoontv.com] Sent: Thursday, September 03, 2009 2:13 PM To: Errin Evans Cc: Jennifer Phelan Is Subject: Re: 950 Matchless Drive Application Hi Errin and Jennifer, Included in the application was a SIGNED location agreement AND lease from Alan Becker that both outline all the filming as well as the deed. In addition there is a letter of description which clearly outlines the dates and number of crew members as well as number of vehicles and parking plans. Please let me know what else you need. I'm not sure there is any more information that I can give, as I am not sure of the specific days we will be shooting there. Its a reality show, so schedules often change, especially since the cast is living there. We did a triple check of the application to make sure we had everything and more. Thanks, Jane On Thu, Sep 3, 2009 at 2:00 PM, Jane Bloom <jbloom(a,highnoontv.com> wrote: I have never received this letter. On Thu, Sep 3, 2009 at 1:53 PM, Errin Evans <Errin.Evans(a),ci.aspen. co.us> wrote: Jane: I spoke to Jennifer and she said that the application is incomplete. She sent the letter to Jane, whom you have noted on your application as the representative. I have included a scan of the letter for you. Thanks, Errin Evans Current Planner Community Development City of Aspen 1] • THE Crrr of ASPEN Land Use Application Determination of Completeness Date: August 26, 2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0052.2009.950 Matchless Drive — Temporary Use Your Land Use Application is incomplete: e found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) The property owner of the subject property, Alan Becker, needs to consent to the application. 2) A narrative outlining how the filming location will be used. City Council needs to understand how this will operate, so any information on the operational characteristics of the temporary use such as length of the filming (other than the letter signed by the Dodaros), typical hours of operation, number of crew on site, etc. will be helpful. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Yo ennifer hel ,Del Director City of A n, Community Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc 0 UI2�ue-A zs(zoc)g {•iooA-) C )loom 0 44 � g39 . (oo0 1 04g4- ToConnmv.n��v�lopm�rcf- i� kl-n'. Cry ��-, �vci►�S cc� g 1 b l I pp\ der vy.14- q5c� j�a-scan less O c� v-e� ( 12 c csF ie S> RECEIVED aus 2 e 2009 cirr of qSpEN CMMUmiYpmowM 6 • ATTACHMENT 2 —LAND USE APPLICATION ROJECT: Name: Location: 950 t i%a-fr,, r1 l e 5s-- (Indicate street address. lot & block number teaal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: �i C Address: Phone #: 0 - (� REPRESENTATIVE: Name: z Cr4 5V c) Address: %? 0, 90/C �/ A52_ T//&l Phone #• % 70 9q_0 - a Zf/ 0 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use EXISTING CONDITIONS: (c PROPOSAL: (description of ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment :ription of existing buildings, uses revi( �lc�i✓�c r ,)used buildings. uses. modifications. etc. Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: etc.) 1-2 EIave you attached the following? FEES DUE: $ Pre -Application Conference Summary Attachment #l, Signed Fee Agreement ] Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ] 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an ;lectronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. Goty) L--4-1kJ APYIY�xtl Lcus,� CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 08.14.2009 PROJECT: High Noon Entertainment — Filming at 950 Matchless REPRESENTATIVE: Tami Solondz tamisue@mac.com DESCRIPTION ko+chkss The Applicant is proposing to commence filming for a reality TV show at 950 Matchless Street. The Community Development Director has authority to review and approve an application that does not exceed seven days of use. After that time the applicant will be required to apply for a Temporary Use permit to be approved by Council at a public hearing. A temporary use permit is valid for six months over one year duration. The applicant must adhere to the requirements of the other City Departments. Please include detailed information regarding plans for parking on and off the site and outdoor lighting. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses 26.575.150 Outdoor Lighting http://www.aspen pitkin.com/depts/38/citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - Director of Community Development - City Council at a public hearing Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour) Total Deposit: $735 Planning Fees: $1470 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour) Total Deposit: $1470 To apply for Temporary Use Permit for Community Development or Council Approval, submit the following information: 1. Total deposit for review of the application. 13 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre -Application Conference Summary. 6. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all Mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. If applicable, the applicant will require consent from the City of Aspen as the owners of the lot depending on the lease agreement. 8. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Existing and proposed site plan. 10. Existing and proposed elevation drawings that include the proposed dimensional requirements. 11. Site improvement survey that includes all existing natural and manmade features of the property. 12. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 13. Applications shall be provided in paper format as well as the text only on either of the following digital formats. Compact Disk (CD) or zip disk. Microsoft Word format is preferred. Text format easily converted to Word is acceptable. 14. Additional application material as required for each specific review. (See application packet and land use code) 15. 2 Copies of the complete application packet and maps. 12 Copies of the complete application packet and maps for Council when required. Disclaimer; The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ParcelDetail • http://www.pif3dnaW.org/assessor/Parcel.asp?AccIountNumber--... Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area Account Number I Parcel Number 2008 Mill Levy 001_ _ R012657 11 273707402003_ Owner Name and Address BECKER ALAN K TRUST 950 MATCHLESS DR ASPEN, CO 81611 Legal Description Subdivision: DUNN/BISHOP EXCEPTION Block: 1 Lot: 4-A Location Physical Address: 1950 MATCHLESS DR ASPEN Subdivision: DUNN/BISHOP EXCEPTION Land Acres: 0 Land Sq Ft: 7,708 2009 Property Tax Valuation Information -- Actual Value Assessed Value Land: _ _ 2,750,000� ` _ 218,906 Improvements: 1,380,300 109,876 1 of 3 8/14/2009 2:25 PM Parcel Detail • http://www.pitkinas0r.org/assessor/Parcel.asp?AccountNt nber= Total: 4,130,300 328,770 1 Sale Date: 5/7/1996 Sale Price: 594,000 Basic Building Characteristics Number of Residential 2 Buildings: Number of Comm/Ind Lo Buildings: Residential Building Occurrence 1 Characteristics OPEN PORCH: 44 FIRST FLOOR: 1,087 FINISHED BSMT: 11,492 WOOD DECK: 115 2ND FLOOR: 1773 Total Heated Area: 3,352 Property Class: SINGLE FAM RES-IMPROVEMEN Actual Year Built: 1888 Effective Year Built: 1999 Bedrooms: 3 Baths: 2 Quality of Construction: 1jVG 12+13ASE Exterior Wall: 11WOOD SD GO Interior Wall: DRYWALL Floor: BASE Heat Type: FORCED AIR Heating Fuel: GAS Roof Cover: JASP SHINGL Roof Structure: GABLE/HIP Neighborhood: NORTHEAST OF ASPEN Super Nbad: EAST ASPEN Tax Information No Tax Records Found 2 of 8/14/2009 2:25 PM • • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees /� f 0 CITY OF ASPEN (hereinafter CITY) and 1 t' j%`���� (hereinafter APPLICANT) AGREE AS FOLLO 1. _,APPLIC,ANT has sul�ittedjo CITY an application for (hereinafter, 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $1T?�2 which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT 407�-� By. By. . ChrisBencinr: �>J,� 61 Co-run.ianity Development Director Date: Bi li g Address and Telephone N umber: Z ✓?���g70 LO-17 HIGH 0,J E N T E R T A I N M E N T 12233 Sepulveda Bld, Los Angeles, CA 90064 310-820-7500 High Noon Entertainment is requesting a temporary Temporary Use Permit to use 950 Matchless, Aspen, CO as a location for filming their TV show titled, The Aspen Project. High Noon Entertainment Authorizes Tami Solondz of Aspen Colorado to represent them as a Location Manager and Applicant to the City of Aspen. Tami's contact information is as follows: Tami Solondz PO Box 2829 Aspen, CO 81612 970-948-0410 Thank you for your attention, Jane Bloom Production Manager High Noon Entertainment 12233 Sepulveda Bld, Los Angeles, CA 90064 O: 310-943-5001 C: 443-939-6001 EJ To whom it may concern, , Pete, and /or, Chris Dodaro 920 and 930 Matchless Drive, approval and consent, without owners of properties Aspen, Colorado give objection, to the High Noon production to film on the interior and exterior of house of our neighbor, Alan Becker located at 950 Matchless Drive, Aspen, Colorado from today's date approximately October 4, 2009. Pete Dodaro Aug'. 18, 2009 Chris Dodaro Aug. 18, 20 9 at the until HIGH • • E N T E R T A I N M E N T Lighting Plan 950 Matchless Drive Aspen, CO 81611 China Ball Lighting We plan on using china ball lighting on the Exterior closest the road. They will be hung 8' to 10' off the ground. We plan on using between 1 and 4 in about a 20'x20' or smaller area. Each ball normally uses between a 60 and 100 watt normal house bulb. iiiiiiiii iii HIGH • • E N T E R TA 1 N M E N T 950 ar&g Plan 0 * $�yo WARRANTY DEED THIS DEED, made this 07 day of MAY 1996, between CHARLES 0. BISHOP OF THE COUNTY OF PITKIN, STATE OF CO GRANTOR, AND ALAN K. BECKER xx Q A 0 GRANTEE a� whose legal address is 04 0,1�1 P. 0. BOX 119, WOODY CREEK, CO, 81656 p�WW COUNTY OF PITKIN, STATE OF CO WITNEBSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of V which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, hie heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 4A, DUNN/BISHOP SUBDIVISION EXCEPTION, according to the Plat recorded December 11, 1987 in Plat Book 20 at Page 40. 392447 05/07/96 04307P PG 1 OF 2 SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 11C00 59C40 UCc �- 392447 T Transfer Declaration Received 05/07/96 9 0 TOOETH$R with all and singular the hereditaments and appurtenances Qthereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and V assigns, that at the time of the annealing delivery of the presents, he is '2 well seized of the premises above conveyed, has good, sure, perfect, r6 absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, 0. sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind oz nature soever, except those matters as net forth on Exhibit "All attached U hereto and incorporated herein by reference. t' °1fl The grantor shall and will WARRANT AND FOREVER DEl2ND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender s)plicable to all genders. CHARLES O. BISHOP i lk vE"pUDLir, STATE OF w}o" avd0 1 � COUNTY OF ;, sa . Cammisam EaG,;res April 22,t�^� The foregoing instrument was acknowledged before me this day of May 19 96 , by CHARLES 0. BISHOP WITNESS my hand and official seal my commission expires: Notary PubYle A EXHIBIT "A" 1. Taxes for the year 1996 not yet due or payable. 2. Right of way for ditches and canals as reserved in the United States Parent recorded in Book 185 at Page 69. 3. Terms, conditions and provisions as set forth in Agreement for Annexation of Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at Page 657. 4. Terms, conditions, obligations and all matters as set forth in Statements rded August4, 1977EineBook n333oattPage he u4land bDecember 11, 1987division Process rinoBook 552 at Page 876. 5. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Alpine Acres Subdivision Property Owners Association recorded April 29, 1977 in Book 328 at Page 991. 6. Those terms, conditions, provisions, obligations, easements, restrictions, Covenantsfor Alpis nAcres Subdivision ments and all trecorded ers as eApril t26, 1977tintBook 327 at Page 887, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 7. Restrictions and covenants as set forth in Agreement Creating Covenants Running With the Land, recorded December 30, 1983 in Book 458 at Page 149. 8. Easements, rights of way and all matters as disclosed on Plats of subject property recorded July 6, 1964 in Plat Book 3 at Page 2 and December 11, 1987 in Plat Book 20 at Page 40. 9. Encroachments and all matters as disclosed by Survey of Alpine Surveys, Inc. dated March 20, 1996. 392447 O5/O7/96 O4:O7P PG 2 OF 2 2-7 005 2.2ooG1 . (� Cr(.1 File Edit Record Navigate Form Reports Format Tab Help Main Valuation l Custom Fields 1 Actions J Fees Parcels Fee Summary ! Sub Permits Attachments I Routing Status Routing 1 / ii ° Permit Type laslu _Aspen Land Use Permit # 110052,2009,A5LU H Address 950 MATCHLESS DR —i ZI AptJSuite i °o City ASPEN State CO Zip 81611 Cr x Permit Information IMaster Permit Routing Queue aslu07 Applied 08;25J2009 _J Project Status pending Approved Description THE ASPEN PROJECT - TEMP USE PERMIT FOR FILMING A REALITY TV SHOW Issued F J _ Funal �---- _' Submitted TAMI S, SOLONDZ Clock Running Days ir 0 Expires 08J20 010 J Owner Last Name BECKER ALAN K J First Name Phone r Owner Is Applicant? Applicant — PO BOX 119 WOODY CREEK CO 81656 Last Name :HIGHNOON ENTERTAINMEN J First Name 12233 SEPULVEDA BLVD - — LOS ANGELES CA 11161 Phone (310)820-7500 Cust # 2862� 7 Lender Last Name r First Nine Phone F Enter the state of the permit address ! AspenGold(b) Record:1 of 1 clC� t p 3 0 410 o 2& 21