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HomeMy WebLinkAboutagenda.council.regular.20110411 CITY COUNCIL AGENDA April 11, 2011 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances Proclamation - Colorado Architectural Month IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #26, 2011 - Contract — Golf School b) Resolution #27, 2011 - Contract — Hand Held Meter Replacements c) Resolution #28, 2011 - Contract — Studio Player with Multi- format Playback d) Resolution #29, 2011 - Contract — Sale of AABC Property e) Aspen Modern Integrity Scoring Sheets f) Housing Board Appointment g) Minutes — March 28, 2011 VII. First Reading of Ordinances a) Ordinance #13, 2011 — Code Amendment Tap Fees Affordable Housing P.H. 4/25 b) Ordinance #12, 2011 — Stage Three PUD Amendment P.H. 4/25 VIII. Public Hearings a) Ordinance #11, 2011 — Amending Energy Code IX. Action Items X. Executive Session XI. Adjournment Next Regular Meeting April 25, 2011 COUNCIL'S ADOPTED GUIDELINES ✓ Stick to top priorities ✓ Foster a safe, supportive, innovative environment that encourages creativity and acceptable risk - taking ✓ Create structure and allow adequate time & resources for citizen processes. Demonstrate and invite active listening MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager THRU: John Worcester, City Attorney THRU: Jeff Woods, Manager Parks and Recreation FROM : Steve Aitken, Director of Golf DATE: March 30, 2011 RE: Golf School and Teaching Operation Lease Agreement Request of Council: Staff requests Council approval of a lease agreement with Rabito Golf School. Previous Council Action: Staff and Carl Rabito met with Council on March 21, 2011 in a work session. Staff reviewed the potential of the Golf School and Teaching operation with Rabito Golf. Council concurred that an agreement with Rabito Golf should be pursued. Discussion: A review of topics related to the Golf School and Teaching Operation discussed at the March 20 work session: • Concept of a golf school and teaching operation at the Aspen Golf Club. Staff introduced the idea to Council during a fall 2010 budget work session. Council supported the concept and directed staff to seek qualified operators. • Request for proposals. Staff advertised for proposals for qualified golf school operators in December 2010. • Candidate selection process. Top candidates were selected based on background, experience, teaching philosophy, ability to utilize our staff for teaching, ability to attract new business, and financial proposal. • Interview process. Interviews were conducted with the top candidates in February 2011. • Selection of finalist. Rabito Golf was selected based on his proposal, financial agreement, interview, potential for growth, and enthusiasm for the operation at Aspen Golf Club. • Site Visit of Finalist. Staff was able to review the Rabito Golf teaching operation in Orlando and agree that the professionalism and teaching method would be a good fit for the Aspen Golf Club. • Aspen Golf Advisory Board support. The Aspen Golf Advisory Board has met with Rabito Golf and unanimously supports the selection and the financial terms outlined. • Aspen Jr. Golf support. Aspen Jr. Golf supports the selection of Rabito Golf. • Rates for lessons. Lesson rates will be reviewed on an annual basis between the City and Rabito Golf. Lessons for pass holders will receive at minimum a 20% discount. Lessons for 2011 season will be very similar with 2010, with lesson prices for pass holders at $110 per hour. • Financial terms of the Golf School and Teaching Operation. Council agreed conceptually with the financial arrangement between Rabito Golf and the City. • Benefits of the Golf School and Teaching Operation to the Aspen Golf Club and the Community. The Aspen Golf Club is now nationally ranked as the number 1 municipal golf course in the State of Colorado. Rabito Golf is recognized as a top 100 golf school operation. The potential to attract new golf students, increase greens fee paying rounds, and increase retail sales is a reality. Additionally, local hotels and shops should also benefit from the additional golf students. Financial Implications: Historically golf lessons at the Aspen Golf Course were a small part of the overall operation. In previous years the Golf Department did not realize revenue from golf lessons, all revenues went to the instructors. Following a new trend in golf course management, top operators are partnering with nationally recognized schools to increase revenues. The lease would be structured so that the City would receive 30% from the Gross Sales of the Golf School Operation up to $100,000. Due to start up and travel costs the City would agree to pay $15,000.00 annually. Based on projected income for the 1st year of operations of $85,000, Rabito Golf would net $74,500 and the City of Aspen Golf Department would make $10,500 after the annual $15,000 investment. Environmental Impacts: Recommended Action: Staff requests Council approval of the Lease Agreement for Golf School and Teaching Operations with Rabito Golf. Alternatives: If Council does not approve the lease agreement with Rabito Golf there would be negative budget impacts to the Golf Fund. In addition the ability to market to new customers and attract new business would be lost. Proposed Motion: I move to approv Vi City Manager Comments: RESOLUTION # Zia (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND RABITO GOLF ACADEMY SETTING FORTH THE TERMS AND CONDITIONS REGARDING GOLF SCHOOL AND TEACHING OPERATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Rabito Golf Academy, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Rabito Golf Academy regarding golf school and teaching operations for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 25, 2011. Kathryn S. Koch, City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2011 PROFESSIONAL SERVICES City of Aspen Project No.: AGREEMENT made as of day of , in the year BETWEEN the City: Contract Amount: The City of Aspen c/o Steve Aitken 130 South Galena Street Total: $ Aspen, Colorado 81611 Phone: (970) 920 -5055 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid Carl until it has been approved by the City arl Rabito d/b /a Rabito Golf Academy Council of the City of Aspen. c/o City Council Approval: Date: Phone: Resolution No.: For the Following Project: Establishing, and Operating a Golf School at the Aspen Municipal Golf Course. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall perform all phases of the Scope of Work as expeditiously as is consistent with professional skill and care. 3. Payment. a. In consideration of the work performed, City shall pay Professional the sum of $15,000.00 per year. The annual fee shall be paid in two equal installments on May 1 and July 1 of each year of the Term, provided this Agreement is not terminated as provided herein. If this Agreement is terminated as provided herein, the fee paid to Professional shall be adjusted on a prorated basis for the summer season of May thru September. b. Professional shall provide the on -site instructions described in the appended Scope of Wok. Professional shall be entitled to retain all revenues generated through private lessons. Professional and City shall split all revenues generated from premium clinics scheduled by City on a 70 %130% split with Professional receiving the 70% share. Professional and City shall split revenues generated from Professional's staff lessons on a 70 %/30% split (with Professional receiving 70% share) on the first $100,000 in annual revenue, 80 %/20% split on the next $50,000 in annual revenue and 90 %/10% split on any annual revenue greater than $150,000. 4. Non - Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub- contractor. 5. Grant of License. The City shall have the right to use Professional's personal name and business names and likeness in all forms of promotional materials to promote the golf school and academy at the City's facilities; provided however, that Professional approves beforehand any such materials, and the approvals are not unreasonably withheld. This grant of license includes, but is not limited to, a. Press Releases / Media Reports b. Marketing Materials (e.g. brochures, counter - cards; mail -outs, billboards, newsletters, score cards, golf cart signage, etc.) c. Print, Radio and Television Advertising Agreement Professional Services Page I 6. Termination of Professional Services. The Professional or the City may terminate this Agreement, without specifying the reason therefore, by giving no less than 90 days notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. The parties hereto agree to reconcile outstanding commissions and compensation up to the date of termination. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. Each party to this Agreement to work in good faith to rectify any disputes or issues within the 90 day period to avoid termination. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Agreement Professional Services Page 2 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. Agreement Professional Services Page 3 (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty /Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non - Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Agreement Professional Services Page 4 Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98, pertaining to non - discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8 -17.5 -101 & 24- 76.5 -101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06 -1343 (subsequently amended by HB 07 -1073) and 06 -1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. Agreement Professional Services Page 5 (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre - employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the Agreement Professional Services Page 6 subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5 -102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8 -17.5 -102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8- 17.5 -102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24- 76.5 -101 et seq., and (3) shall produce one of the forms of identification required by CRS 24- 76.5 -103 prior to the effective date of this Agreement. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that Agreement Professional Services Page 7 may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. • (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 19. Term. Unless terminated under the direction of Section 6 above, the term of this agreement will be three years from the date of its execution. At the conclusion of the term, this agreement will automatically renew in one -year terms for a maximum of three additional years, unless either party terminates the agreement with 90 -day written notice. Agreement Professional Services Page 8 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: CARL RABITO d/b /a RABITO GOLF ACADEMY [Signature] [Signature] By: B [Name] [Name] Title: Title: Date: Date: Approved as to form: City Attorney's Office Agreement Professional Services Page 9 Jul 31 10 06:23p Rabito's 407 - 876 -2778 p.3 CITY OF ASPEN, COLORADO: CARL RABITO d/b /a RABITO GOLF ACADEMY [Signature] [Sipe) B By: L'A,4'L / Oa / 7: [Name] [Name] // Title: Title: Actsle Date: Date: / P -2 6 /1 Approved as to form: • City Attorney's Office Agreement Professional Services Page 9 EXHIBIT A SCOPE OF WORK Professional shall perform in a competent and professional manner the following tasks: 1. Establishment of Golf Academy at Aspen Municipal Golf Course. Professional shall assist City staff in the establishment and operation of a golf academy at the Aspen Municipal Golf Course. Professional shall provide City professional advice and counsel concerning how to manage an effective and profitable golf academy, build beneficial instructional programs, build popular junior programs, etc. 2. Appearances: i. Telephone and Conference Calls: Professional will make himself available to provide insights and advice on a reasonable number of telephone conferences with City representatives during the term on various business and instruction issues related to the Golf Academy at the Aspen Municipal Golf Course. ii. On -Site Instruction: Professional will provide golf instruction to students (e.g. PGA Tour Pros, LPGA Tour Pros, Amateurs, Juniors, Etc.) at the Aspen Municipal Golf Course four times per season with a minimum of three days per visit for 8 hours per day. iii. Premium Clinics and Lessons: Professional will also be available for predetermined number of premium clinic and lessons marketed and scheduled through City. iv. Additional Appearances: If required by City, Professional will be available to make additional appearances per year for his daily fee rate of $2,500.00 per day plus expenses. 3. Promotional Activities : In an effort to provide national and world wide exposure to the Aspen Municipal Golf Course, Professional will use his best efforts to conduct interviews at the Aspen Golf Academy (e.g., filming instructional programs for television programming and photo sessions for magazine articles). 4. Golf Academy Instructors: Professional will secure, hire and certify all instructors that will teach at the Golf Academy at the Aspen Municipal Golf Course. This is a very important function so as to insure that the golf instruction at the Golf Academy at the Aspen Municipal Golf Course is of the highest quality and represent the proven principles of Professional's teaching philosophy. Professional shall be responsible for and shall ensure that Academy instructors shall conform to the following: a. All Instructors shall carry themselves in a professional manner at all time and adhere to City standards established for all employees. Agreement Professional Services Page 10 b. Instructors shall dress in appropriate apparel with both Professional's and City of Aspen logo. c. Instructors shall follow all safety rules at the range and will take caution when teaching at the Academy. d. Instructors shall be expected to help clean up the stalls /driving areas, short game area and putting green when used for instruction. 5. City Responsibilities. The following shall not be the responsibility of Professional, but shall be the responsibility of the City: a. City shall provide clean, quality range balls for instructional use b. City shall provide office space for Professional c. City shall provide secure storage space for video and other equipment d. City shall provide signage referencing "Rabito Golf Academy" e. City shall make best efforts to promote Professional at Aspen Municipal Golf Course f. City shall provide a designated area for instruction Agreement Professional Services Page 11 Vib To: Mayor and City Council Thru: Randy Ready, Assistant City Manager From: Tim Ware, Director of Parking Date: March 1, 2011 Meeting Date: April 11, 2011 RE: Handheld Replacement REQUESTOF COUNCIL: The Parking Department is requesting Council approval of the attached contract between the City of Aspen and T2 Systems to replace seven handheld parking ticket units. BACKGROUND: The Parking Department makes use of handheld ticketing units that allow the officers to issues tickets, check pay -by -cell payments, take photographs and store all related parking information. DISCUSSION: There is currently a contract between the City of Aspen and T2 Systems to provide an "Automated Ticket Management System ". All the software is web based and is on an annual maintenance contract. The hardware such as the hand held ticket writers are purchased by the city. Our current hand held units have reached their life span and are due to be replaced. The department currently owns 10 hand held units but due to technology and staffing levels we will only need to purchase 7 new units. The new units will operate making use of live setup thus allowing all citations and photographs to download in real time. The units are compatible with pay -by -cell and will allow the officers to check payment status on the hand held rather than using a data phone. There was no RFP process for this purchase. T2 Systems has been our provider for the last 10 years. Only T2 hardware will function with our software. FINANCIAL/BUDGET IMPACTS: The 2011 parking Asset Management Plan includes $45,000 for replacement of the hand held units. Due to the reduced number that is needed the department is requesting $36,155 for this project. The department makes use of data phones to verify pay -by -cell transactions. The new hand held units will allow that operation to be conducted on the unit. This will save $2,940 per year. Page 1 of 2 ENVIORNMENTAL IMPACTS: T2 Systems will accept the old hand held units back and return them to be parted out. ALTERNATIVES: Council could direct staff to continue to use the current units. These units are no longer supported by the manufacturetwhich would present repair and maintenance problems. Council could direct staff to PROPOSED MOTION: I move to approve Resolution # f a contract between the City of Aspen and T2 Systems for the purchase of 7 Motorola MC75A hand held citation units. CITY MANAGERS COMMENTS: ATTACHMENTS: Exhibit A: Procurement Supply Contract Page 2 of 2 RESOLUTION # ()I" (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND T2 SYSTEMS INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF HANDHELD TICKET WRITER REPLACEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and T2 Systems Inc., a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and T2 Systems Inc. regarding the purchase of handheld ticket writer replacements for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 11, 2011. Kathryn S. Koch, City Clerk The City °MAspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 SUPPLY PROCUREMENT City of Aspen Project No.: 2011 -017. AGREEMENT made as of 22nd day of March, in the year 2011. BETWEEN the City: Contract Amount: The City of Aspen c/o Parking Department 130 South Galena Street Total: $36,155.00 Aspen, Colorado 81611 Phone: (970) 920 -5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City T2 Systems Inc. Council of the City of Aspen. 7835 WOODLAND DR, STE 250 City Council Approval: INDIANAPOLIS, IN 46278 Phone: (317) 524 -5500 Date: Resolution No.: Summary Description of Items to be Purchased: Seven (7) Motorola MC75A units Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 540 E. Main Street, Aspen, Colorado 81611) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Per manufacturer 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non- Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13 -98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he /she is an authorized representative of Vendor for the purposes of executing this Agreement and that he /she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATTEST: By: City Manager City Clerk VENDOR: T2 Systems Inc. By: • .. �, e Executive VP & COO , Title EXHIBIT A Units Model/Description Amount 7 Motorola MC75A units $36,155.00 Shipping Included V MEMORANDUM TO: Mayor and Council FROM : Gram Slaton, Wheeler Executive Director THRU: ACM Randy Ready; Wheeler Board of Directors DATE OF MEMO: 28 March 2011 MEETING DATE: 11 April 2011 RE: Purchase of Sony HDWM2100 /20 HDCam Playback Deck SUMMARY: Contract approval is sought for the purchase of a Sony HDWM2100 /20 HDCam Playback Deck, as per the approved Asset Management Plan. Staff recommends approval of the request. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Wheeler Opera House does not currently own any digital video playback equipment and has found it necessary to either rent a deck or require a rental client to provide an analogue version of their movie to be shown. Most of our clients are producing their product in high definition (HD) and would much prefer to show them in the best quality possible. DISCUSSION: Theatre and video technology is advancing rapidly, and digital HD is no exception. The Wheeler has held off on recommending a purchase of this sort, waiting for technology and pricing to flatten out. After many months of thorough investigation, we do feel that the time has now arrived. The Sony HDWM2100 /20 can fully display all ranges of HD quality video, and lives up to the high standards that the Wheeler, its user groups, and visiting artists expect from the venue. The Wheeler followed a standard Invitation To Bid process and staff feels comfortable recommending that the contract be awarded to Videotape Products. FINANCIAL IMPLICATIONS: $45,375.00, inclusive of transportation, set -up, and training. $64,000 is the amount scheduled in the 2011 Asset Management Plan, 30% above the amount of this unit and thus representing sound fiscal practice in this item's procurement. ENVIRONMENTAL IMPLICATIONS: None. RECOMMENDATION: Staff recommend approval of the request. ALTERNATIVES: It is becoming increasingly necessary to ask our clients to either provide us with older technology that matches existing Wheeler inventory or rent out the proper playback units. There are less expensive models of HDCam decks that do not fulfill all the needs that the Wheeler constantly encounters, as well as much more expensive decks that will do things well beyond the scope of our needs. PROPOSED MOTION: Council moves to approve Resolution #A• to contract with Videotape Products, for the purposes of purchasing a Sony HDWM2100 /20 for the Wheeler Opera House. CITY MANAGER COMMENTS: RESOLUTION # ,Zg (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND VIDEO TAPE PRODUCTS SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF A SONY HDWM2100 HDCAM STUDIO PLAYER AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Video Tape Products the, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Video Tape Products regarding the purchase of a Sony HDWM2100 HDCAM Studio Player for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 11, 2011. Kathryn S. Koch, City Clerk Fr— The City album CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 SUPPLY PROCUREMENT City of Aspen Project No.: 2011 -012. AGREEMENT made as of 21 day of March, in the year 2011. BETWEEN the City: Contract Amount: The City of Aspen c/o Wheeler Opera House 130 South Galena Street Total: $45,375.00 Aspen. Colorado 81611 Phone: (970) 920 -5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid VideoTape Products until it has been approved by the City c/o John Niren Council of the City of Aspen. 2721 W. Magnolia Blvd City Council Approval: Burbank. CA 91505 Phone: 800-422-2444 x277 Date' Resolution No.: Summary Description of Items to be Purchased: Sony HDWM2100 HDCAM Studio Player with Multi- format Playback Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies. equipment. or materials to be purchased. The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 320 W. Hyman, Aspen, CO 81611) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Manufacturer's warranty applies. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non - Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13 -98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he /she is an authorized representative of Vendor for the purposes of executing this Agreement and that he /she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATTEST: By: City Manager City Clerk VENDOR: VIDEOTAPE PRODUCTS , 4 t A /,- / �^ A / - By: ��Q 03/4 /v l 4V/.BCl x) . it S/? if cc Oda % CXEGU %,4 Title Appendix B ThetiretIona CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 SUPPLY PROCUREMENT City of Aspen Project No.: AGREEMENT made as of day of , in the year BETWEEN the City: Contract Amount: The City of Aspen c/o o Q 130 South Galena Street Total: $ '{ 7S • Aspen, Colorado 81611 Phone: (970) 9204055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid �jgOT 0 PROD UC94 until it has been approved by the City cio <7 µ� M A l ,e Council of the City of Aspen. 027a, wi M RG fi,Lt g 8G ✓.D City Council Aaoroval: e / JR Q a4✓14- 9/5 - -r Phone: ®O yo.. asfcf fG Date: X .977 Resolution No.: Summary Description of Items to be Purchased: Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Appendix A • • HDVVPA2100 HDCAM Studio Player w/multiformat • playback • • • = U.S.Ust Price • • Replaced wish HIDWM2100/1 HDCAM Studio Editing Player. Plays Digital Beteoarn, Betatmen/SP, Betacam SX, MPEG PAX Plays HDCAM tapes at frame rates: 1080/59.941, 501, 99,97PsF,and 25 PeF. Built-in up-conversion of playback-compatble Standard Definition tapes to 10001 and down- conversion of HDCAM tapes to 41301, metadate handing, and UMID (Unkrue Material Identifier Data) metadata recording capabilky, Capable of handikb DolbyE and AC-3 audio, • • .............................................................................. • HDCAM playback lathe following rates; 1080/59.941, 29.91PeF, 501, • Dolby-E. AC-3 compatibility 25PeF and 1035159.941 • Compact Body, 4RU height and low power consumption • Muitl-format pbybadt of Digital Gelatin, MPEG Betacem SX, • DMC control Betacam SP and Betacten • standard line conversion for 1035/1050 • Built-in up-conversion and down-conversion • • Meteciata handling • ;•:! • . ;IS ‘‘• %. "Nrqsdattlt ii.);:ti-t....?mg.):::ANsim: .AA 4 *, HDCAM format HDCAM Format high picture quality, long playback time of up to 124 minutes, compatible camcorders • available. Supports 604/501 Frame Supports 0011501 Frame Rates: Mows use of tapes from U.S., Europe, and other countries. Rates : :Matedata handlirig Metadets handling: Ancillary data that was recorded In a dedicated portion of the vertical interval (the VANC area) can be reeleved from this player. tele-Pile System Tele-File System: TNe VTR Is equipped with Sofia Tele-Me system allowing it to read the data directly from • a Tele-File label attached to the video cassette; the labels allow easy cataloging of information about the video. Including shot maks, scene nUmbers, and sorb, information ; . , I .• ••• • • • • • ••• .• •••• • 1' •••• • •:••• • • • • "?!. •••• • .7 • • /VD Guentizadon 20 bit/sample • Crosstalk Lees then 430 dB • Dynamic Rang* More than 95 dB (at 1 kHz emphasis ON) • ,: Response 20 Hz to 20 kHz +0.5 dB/-1.0 dB (0 dB at 1 kHz) ••• .......... 1•••'/ ...„ •••• •:Bandwidth Y: 0 to 5.75 MHz 40.5 dB/-2.0 dB R-Y/13-Y: 0 to 2.75 MHz 40.5 dB/-2.O dB .• Differential Gain 2% or Was Differenal Phase 2% or less g factor (2T pulse) 1% or less ,sawct SCH Phase Based upon FtS-170A/CCIR R.824-3 • • Rato • 53 dB or more WC Daley 20 ns tx less - • • . • • , • .. .a '51:::',V il l e lt. ;V o s i, p. v. ic:ity ..••1.1 : :: ; ., : .: ' ,: ; 11 k i,:.:1 1: 1 ;;;. •: . :, :;•: : :A : ;:1••• • •fi r f.liVVit , ... 1 (l , A1Sk.;114: : il: I .1?-9.4. : 4:111 . ,13 . ,:p:`•!-1,;W:10...?1:•>,:liW.1111:.1.:00. • .1.474:Wffic RO•0911re ..„ Headroom • 20 dB (or 18 dB selectable) • ‘, Quantization 20 bffisample • _ Sampling FreetleoW 48 kHz (Synaonized with video) ..... Wow & Sutter Below measurable level „... • b _ 1z Dpta 2' • ' IN V ''' . ■ Channel Coding 8-I-NRZI PR-IV Compression Coefficient recording system Error Correcbon Read-Solomon code Quantization 10 bffisample (compression: 8 bit/sample) • . sampling Frequency Y: 74.25 MHz • R-WB-Y: 37.125 MHz .. • • .124 min (w/ BCT124HDI 59.941 • taws) 29.97ThiF „ 149 min (w/ SCr12.4HDL 501 tass) 25PsF --- 40 min bfrel EICT4OHD 59.941 z_ Cass) 29.97PW 48 min (w/ BCT4OHD 501 Cass) 25PsF Applications Studio Player • -. imensions (W x H x 10 7/8 x 8 7/8 x 21 1/211tnes D (427 x 174 x 544 mn9 Fast Forward(Reviind Approx. 3 minutes : • .Time (vAth BCT-124HDL cassette) - ••:• :Format HDCAM 1-caxi/Urned Time 8 s or leas (both I_ and 3 cassetbst) Operatkig HuMidity 25 to 90% . . .... .... _ . — T: Servo Lock Time 0.6 s or less (59.941 and 29.97PsF from standby on) . . ,• 0.7 s or less (501-25PeF 244 23.913PaF from stancby on) ..„ .:, itorage Temperature -4 to +140 °F (-20 to +60 •C) - • - ' - tape Fond MDCAM Weight 50 b11 oz (23kg) .t - \`'. t:.: •'"i .::;; I S : . ' ';' ;!:‘;;;:SI'V'..n.7.'t;TAtIV::.%":****P'FCSil?::''''f.PaZS.erqS;IVVI:■LA:SiNikiEMP.I.i : Ftitoz.., 3 , ; „, 1 11.fiAst, : p . tzi.:1": )4,;;;;;•:„ ei ...................................................................... 1 4:;■„MSI.itnt‘'7. rer0c ,::.,7.s.:.t izt:. .M x..:c:i i4 :;.>:•:4:.::oi f:3PA70i*110000104q&i.,&Vi3Safiz;,:sM!'.:;:,',;1??:..1X:YO.::04.igii;i: tAc &(A i :,;*0iiik00404 BetscamfBeteown $P St$ to *36 *nes normal speed daybed( (52515924) 81111 to 142 limes normal speed playback (625150) . . • :,• Dios Bean SOO to AO Vines normal speed playback _. 211 to ao times nomml speed playback (59.941 and 29.97PsF) - St. to 158 *nes 110M181 speed playback (50i and 25F'sF) -:- „ --4- -.. 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Retecomeetecem SP 118.6 mn* (525/59.94) •Th : . 101.5 wants (625/50) • Digital Betatoam 96.7 mink -7 MOCAM 96.7 mat (59.941 and 29.97PsF) 80.6 ITYTIAI (601 and 25PeF) - . 77A mrnis PlPsF end 23.98PsF) ••• ..... ..,. • .J•z:•-• MPEG IMX 64.5 mrn/s (525/59.94) • . , • • 53.8 mm (625/50) ' : _....")::•.' .::••T.:-*••':::1!:::. It' ' .•; ., " ':•••‘" '...,:•••••%••:‘•;.\ ::: :1:454 :.'.';•::•:.: . iifroveputaniniVig • /..l.::: , .‘•:'‘' , . 1 -'.*: 1 •,';•,::...;•..:.'..,:;s•: i::::::•1 \ :'... ( -?..fl:t:c\.tl.iK;f::: : ::: . C.0:0CciaktiikkAgA 4 . 1 • kiloton Audio Monitor XLR4-pn type (male) x 2 - %ptIOAO +4 dBm at 800 bail .... Low Impedance • Baktnced) • -- Analog Audio Output (CM1/2/3/4/CUE) ' XLR3pin type (male) x 5 +4 darn (600 load) Low Impedance • • • •:: Balanced • . . Ando° Component Output BNC x 3 for 1 set ,.. : 1 n vn-ri • • R-Y/B-Y: 0.7 Vp-p 76 yontrol Panel 0-sub15-pin Digital Audio Output (CH1/2 3/4) • BNC x 4 AES/EBU - HD-SDI Output BNC x 3 (SMPTE 29216 including one character out) Serial Digital (1.485 Obis) Headphone Output JM-80 Stereo phone Jack . , (-.to -12 dBu at 8 load unbalanced) "." " ' Parallel Remote D-eub 50-pin , Remote 1 Input Daub 9-pin Sony 9-pin remote interface Remote 1 Input/Output D-sub 9-pin Sony 9-pin remote interface - Remote Control D-sub 9-pin RS-232C interksce _ 81 Output BNC x 3 (SSAPTE 25914 including one character out) Serial Digital (270 Mble) Time Code input XLR-3-pin type (fernele) x 1 • ._ 0.5 to 18 Vp-p 10 k Balanced Balanced) Code Output XLR4-pin type (male) x 1 2.2 Vp-p Low Impedance . . . Balanced Video Control D-eub 9-pin D-sub 15-pin ;S(Airita?!. , ..:". 7: ;:v4 : ;r 4 iprit'AV."‘rA57,PI:s. 1 41S 4- M-I'Vte- • ' 4 " : `,, JV -; Model: Description: U.8.1.1st Pricy Operation manual (1) Pricing avdable upon nkquest Installation manual (1) Pricing available upon request - , 4.1%; „ . . Description: Release Data TOPil/Sbie inch Technology 03/21/2000 pdf / 691K W-M2000, HDW- 07/17/2003 pdf1346K m 210 0,HDW -2000 Ducription: Release Date Type/Size -Operadon Manual let Mon pdf 1,399K ARevised 5) I MEMORANDUM TO: Mayor and City Council FROM: Steve Bossart, Capital Asset Project Manager THRU: Scott Miller, Capital Asset Director DATE OF MEMO: April 1, 2011 MEETING DATE: April 11, 2011 RE: AABC Housing Site — Property Sale REQUEST OF COUNCIL: Approval of the CONTRACT TO BUY AND SELL REAL ESTATE, dated March 24, 2011, City of Aspen, Seller, Mountain Transportation Inc /, and /or assigns, Buyer, for the real property known as Lot 6 Block 5 Aspen Business Center PUD, 409 Aspen Business Center, Aspen, Colorado 81611 (or 212 ABC), for a sales price of $374,000. PREVIOUS COUNCIL ACTION: The subject property was site of the former Aspen Animal Shelter and approximately two residential units. Council approved design and development of a 5 -unit 505 Fund project in 2005. In 2010 Council considered the designed project and costs and determined not to proceed with the project. BACKGROUND: .Upon completion of the new animal shelter in 2005, the property was subject to a developer model design -build RFP for creation of 505 Fund housing. The property was approved for residential use; a 5 unit structure was designed and priced for construction. From approximately 2007 through 2010 Councils questioned the proposed costs though they were consistent with all comparable historical data. Various construction approaches from panelizing to modular construction were further evaluated with no or very little variation in cost. In 2010 Council approved moving the funds for the project to the 150 Fund to be applied to Burlingame Ranch Phase 2 design, stopping further consideration of the designed housing project. The residential approvals were close to expiration in 2010 but were ultimately extended to August 2011. DISCUSSION: Staff discussed selling the property if no plans were in place to develop. In mid -2010 Staff was approached by a buyer interested in the property as a potential office and mixed use location. Staff recommended the buyer verify acceptance of his plans with the AABC management. The buyer submitted a verbal offer and Staff negotiated a higher offer based on recent comparable sales records. The offer of $350,000 was presented to Council in Executive Session in Fall 2010. Council asked Staff to commission a commercial appraisal. On receipt of the appraisal the City listed the property for sale. FINANCIAL/BUDGET IMPACTS: The appraisal came back valuing the property at $350,000. Staff requested a listing price of $374,000 to cover the $2,500 appraisal costs, brokerage fees of $18,950, and closing costs, and to allow for some degree of negotiating room. We provided the broker with the name of the interested party and received a full price offer of $374,000 with and earnest money deposit of $25,000. The net proceeds to the City will be close to $345,000 if approved. The property had been re -zoned from B -2 to AH to accommodate the City affordable housing plans. To accommodate business use, a rezoning back to B -2 will be required. Elk Mountain Planning, the original planner, will assist the City or Buyer. Costs for the re- zoning will be paid by the City. Sale of the property will eliminate further City management and maintenance efforts on the property. ENVIRONMENTAL IMPACTS: NA RECOMMENDED ACTION: Staff recommends approval of the sales contract. ALTERNATIVES: Council may decide to hold the property for future development, or revaluate the price. PROPOSED MOTION: "I move to approve Resolution # approving the 212 ABC sale contract. CITY MANAGER COMMENTS: ATTACHMENTS: • Copy of the AABC Sales Contract. Robert J. Snyder Realty Services, Inc. 303 E. AABC Aspen, Co. 81612 Phone: 970- 925 -7320, Fax: 970 -925 -2104 1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 2 (AE4I -5-09) (Mandatory 7-09) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND 5 TAX OR OTHER COUNSEL BEFORE SIGNING. 6 7 8 AGREEMENT TO AMEND/EXTEND CONTRACT 9 10 Date: a nv 2nd 11 12 1. This agreement amends the contract dated )(An'', 24, act 1 (Contract) between City of Aspen 13 (Seller) and Hy- Mountain Transportation Inc and /or assigns 14 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of P1 "4" 15 Colorado: 16 Lot 6 Block 5 Aspen Business Center PHD 17 known as No. 18 bn4 Aspen Rnminn.. renhmr &crank rnlnrann a1911 (Property). 19 Street Address City State Zip 20 21 [NOTE: If any item is left blank or the term "No Change" is inserted, means no change. The abbreviation "N /A" or 22 the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3) means that the 23 corresponding provision of the Contract to which reference is made is deleted./ 24 25 2. § 23. DATES AND DEADLINES [OMITTED AS INAPPLICABLE] 26 27 3. Other dates or deadlines set forth in the Contract shall be changed as follows: 28 n /a 29 30 31 4. Additional amendments: 32 The purchase price shall be reduced to $374,000 to compensate Buyer for application fees and planner fees to convert the zoning on the property from An -POD to B -2 33 34 All other terms and conditions of the Contract shall remain the same. 35 36 This proposal shall expire unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the 37 offering party to this document receives notice of acceptance on or before k ri 1 12 1 n 11 D /. 38 Date Time 39 • SELLER of Aspen 7/ l Y � DATE By: City of Aspen PREPARED BY; Robert J. Snyder, President AE41 -5-09 AGREEMENT TO AMEND/EXTEND CONTRACT. Colorado Real Estate. Commission ReaIFASTS • 02011, Version 6.18. Software Registered to: Robert J. Snyder. Robed J. Snyder Realty Services, Inca ,,. Burris) ic / 04/07/11 15:38:42 Page 1 of 2 79 1 Hy- Mountain Transportation Inc . and/or naafi BDYER • DATE 1 7'" By: Todd Gardner PREPARED BY: RobertJ. Snyder, President AE41 -5-08 AGREEMENT TO AMEND/EXTEND CONTRACT. Colorado Real Estate Commission ReaIFA$Tt Software, 02011, Version 6.18. Software Registered W. Robert J. Snyder, Robert J. Snyder Realty Services, Inc 04/07/11 15:58:42 Page 2 of 2 Seller(s) P 40 041Mtpa sk EMIT RESOLUTION #2.9 (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HY- MOUNTAIN TRANSPORTATION INC. AND /OR ASSIGNS SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE SALE OF REAL PROPERTY KNOW AS LOT 6, BLOCK 5, ASPEN BUSINESS CENTER PUD AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Hy- Mountain Transportation Inc. and/or Assigns, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Hy- Mountain Transportation Inc. and/or Assigns regarding the sale of real property know as Lot 6, Block 5, Aspen Business Center PUD for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalfof the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 11, 2011. Kathryn S. Koch, City Clerk Morris & Fyrwald Real Estate Sotheby's International Realty 415 East Hyman Avenue Aspen, CO 81611 Phone: 970-925-6060, Fax: 970-925-3138 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS4 -8 -10) (Mandatory 1 -11) 1 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL 3 BEFORE SIGNING. 4 5 CONTRACT TO BUY AND SELL REAL ESTATE 6 (LAND) 7 (® Property with No Residences) 8 ( ❑ Property with Residences - Residential Addendum Attached) 9 Date: March 24, 2011 10 11 I AGREEMENT I 12 13 1. AGREEMENT. Buyer, identified in § 2.1, agrees to buy, and Seller, identified in § 2.3, agrees to sell, the Property described 14 below on the terms and conditions set forth in this contract (Contract). 15 2. PARTIES AND PROPERTY. 16 2.1. Buyer. Buyer, Hy- Mountain Transportation Inc and/or Assigns 17 18 , will take title to the Property described below as ❑ Joint Tenants Tenants In Common ❑ Other 19 n/a 20 2.2. Assignability and Inurement. This Contract ® Shall ❑ Shall Not be assignable by Buyer without Seller's prior written 21 consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, 22 successors and assigns of the parties. 23 2.3. Seller. Seller City of Aspen 24 , is the current owner of the Property described below. 25 2.4. Property. The Property is the following legally described real estate in the County of Pit-kin 26 Colorado: 27 City of Aspen ECO Lofts PUD, formerly AABC Block 5 Lot 6 28 known as No. 29 212 AABC, Aspen, CO 81611 30 Street Address City State Zip 31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 33 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 34 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract: 35 Other Fixtures: 36 none. — 37 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the 38 Purchase Price. 39 2.5.2. Personal Property. If on the Property whether attached or not on the date of this Contract: 40 none. 41 Other Personal Property: 42 none. 43 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal 44 property taxes for the year of Closing), liens and encumbrances, except PREPARED BY: Greg Hunter, Broker CBS4 -8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFASTO Software, 02011, Version 6.16. Software Registered to: Craig Mortis, Monis 8 Fyrwald Real Estate Sotheby's International Realty 03/24/11 11;03:26 Page 1 of 14 Buyert Sailers) 45 none other. 46 Conveyance shall be by bill of sale or other applicable legal instrument. 47 2.5.3. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 48 none. 49 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal 50 property taxes for the year of Closing), liens and encumbrances, except 51 none other. 52 Conveyance shall be by bill of sale or other applicable legal instrument. 53 2.5.4. Water Rights, Water and Sewer Taps. The following legally described water rights: 54 none. 55 X 14SAcktaMek3lAaNnAda 1s19)\❑ lrxit\ \\\\\\ \\\\\\\\\\\\\\\\lfeb8`lab il?r ib3D(Iligalklslrbbl61. \ y4lrAtaa la beV 1, birabtalstryar�`6bl at silo\At1p�11� IMNItiblakatNMaeadtb f Wet \A) 56 \Ba}aM Wth Well`tItIML\tLltelciaiN?.a D ky Wilt btl`Uddtas'dc tettlik\WeetdA 58 etUi V✓kN �a taiataiit�ryhba>tdttbla tlat h?pb)ds)Bb) 'IaN l bkWf`e1V�atdr sa�al l id albMWthb 59 \ d tiN Ittttkkbb §Wclnn Vkaltta Mtctdt ' faa�r ' 60 iAllail�Masbbtdeh�(Wiiiloh `9d, adtl,Dlaldb Mdl ttoleaft eh t� tt144aall rarbt tdr\theWeNNAi�'yd Mt\ 61 \tells'ttaliaitilttAadaraadWill Ws »hWiailik 'a\ IbsittM.bdrbkkVt WitiEthabla kkhi,lollsPesl anitiefte' ha 62 MvIth`tbaali143tba4a0tlia4a lla&s rtelaaibi.itltarkbllBatrAaklAtti vhf \\ii\ii\\\iii\\\\iii\\1\\\\i\\ 63 2.5.4.2. ❑ Water Stock Certificates: 64 Pia 65 2.5.4.3. ❑ Water Tap ❑ Sewer Tap 66 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, time 67 and other restrictions for transfer and use of the tap. 68 2.5.5. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 69 n/a 70 2.6. Exclusions. The following items are excluded (Exclusions): 71 none. 72 3. DATES AND DEADLINES. 73 Item No. Reference Event Date or Deadline 1 § 4.2.1 Alternative Eamest Money Deadline none Title and CIC 2 § 7.1 Title Deadline 7 days from Resolution 3 § 7.2 Exceptions Request Deadline 7 days from Resolution 4 § 8.1 Title Objection Deadline 14 days from Resolution 5 S 8.2 Off - Record Matters Deadline 7 days from Resolution 6 § 8.2 Off - Record Matters Objection Deadline 7 days from Resolution 7 § 7.4.4.1 CIC Documents Deadline none 8 § 7.4.5 CIC Documents Objection Deadline none 9 § 8.6 Right of First Refusal Deadline none Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline 7 days from Resolution Loan and Credit 11 § 5.1 Loan Application Deadline March 28, 2011 12 § 5.2 Loan Conditions Deadline April 25, 2011 13 § 5.3 Buyer's Credit Information Deadline n/a 14 § 5.3 Disapproval of Buyer's Credit Information Deadline n/a 15 § 5.4 Existing Loan Documents Deadline n/a 16 § 5.4 Existing Loan Documents Objection Deadline n/a PREPARED BY: Greg Hunter, Broker CBS4 -8-10, CONTRACT TO BIN AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFAIT® Software, 02011, Version 6.16. Software Registered to: Craig Molls, Morris a Fynvald Real Estate Sotheby's International Realty page 2 of 14 03/24/11 11:03:26 Buyer(s) Seller(s) 17 4 5.4 Loan Transfer Approval Deadline n/a Appraisal 18 § 6.2.2 Appraisal Deadline April 25, 2011 19 § 6.2.2 Appraisal Objection Deadline April 26, 2011 Survey 20 4 7.3 Survey Deadline none 21 § 8.3.2 Survey Objection Deadline none Inspection and Due Diligence 22 4 10.2 Inspection Objection Deadline none 23 § 10.3 Inspection Resolution Deadline none 24 4 10.5 Property Insurance Objection Deadline none 25 § 10.6 Environmental Inspection Objection Deadline none 26 § 10.6 ADA Evaluation Objection Deadline none 27 4 10.7 Due Diligence Documents Delivery Deadline none 28 4 10.8.1 Due Diligence Documents Objection Deadline none 29 4 11.2 Tenant Estoppel Statements Deadline none 30 4 11.3 Tenant Estoppel Statements Objection Deadline none Closing and Possession 31 4 12.3 Closing Date April 29, 2011 32 4 12.1 Closing Documents Delivery Deadline April 28, 2011 33 § 17 Possession Date April 29, 2011 34 4 17 Possession Time 8 Closing 35 § 28 Acceptance Deadline Date March 28, 2011 36 § 28 Acceptance Deadline Time 4:00 PM n/a n/a n/a n / a n/a n/a n/a n/a 74 75 Note: Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation 76 "N /A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 3), means that the 77 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of 78 this Contract) means the date upon which both parties have signed this contract. 79 4. PURCHASE PRICE AND TERMS. 80 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 81 82 Item No. Reference Item Amount Amount 83 1 § 4. 1 Purchase Price $ 379,000 84 2 4 4.2 Eamest Money $ 25,000 85 3 44.5 New Loan 300,000 86 4 4 4.6 Assumption Balance n/a 87 5 4 4.7 Seller or Private Financing 88 6 n/a n/a n/a n/a 89 7 n/a n/a n/a n/a 90 8 § 4.3 Cash at Closing 54 , 000 91 9 TOTAL $ 379,000 $ 379,000 92 93 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of business account check 94 shall be payable to and held by Land Title (Earnest Money Holder), in its 95 trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the 96 parties mutually agree to an Alternative Earnest Money Deadline (§ 3) for its payment. If Earnest Money Holder is other than 97 the Brokerage Firm identified in § 32 or § 33, Closing Instructions signed by Buyer, Seller and Earnest Money Holder must be 98 obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties authorize delivery of the Earnest Money 99 deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money PREPARED BY: Greg Hunter, Broker CBS4 -8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFAST® Software, 02011, Version 8.16. Software Registered to: Craig Morris, Mortis 8 Fyrwald Real Estate Sotheby's Intemational Realty 0324/11 11:03:26 Page 3 of 14 Buyer(s) Seller(s) 1.00 Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing 101 affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest 102 Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 103 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Eamest Money, if other than at the time of 104 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 3). 105 4.2.2. Return of Earnest Money. If Buyer has a right to terminate this Contract and timely terminates, Buyer shall be 106 entitled to the return of Eamest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, 107 except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or 108 other written notice of termination, Seller agrees to execute and return to Buyer or Broker working with Buyer, written 109 mutual instructions, i.e., Eamest Money Release form, within three days of Seller's receipt of such form. 110 43. Form of Funds; Time of Payment; Funds Available. 111 4.3.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and 112 closing costs, shall be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 113 check, savings, and loan teller's check and cashier's check (Good Funds). 114 4.3.2. Available Funds. All funds required to be paid at Closing or as otherwise agreed in writing between the parties shall 115 be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN DEFAULT. 116 Buyer represents that Buyer, as of the date of this Contract, ® Does ❑ Does Not have funds that are immediately verifiable 117 and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 118 Y) dt\4kdel' tbddct33iar1.\ saW>1t\N(41ikk�jkdiIaWOblkti{il llhisethfyTh h''th AWIIM tW$'tifl\\\\\\\\\\\\\\\ 119 1dlaels''tWiN# ithjie iehha)s\cbhk`(SandraJrltheihh)1 dikk lL`dtlih3sldrFkVhleAttioINAIW M likielAND VA bk 120 hkdlt�\$4�M�1: lshivlhee \itwrkbattrlaht hhnmlhbeeh& tutiaatdt' hlbkteldkl ekbaddatMMjbaadthbkiJhhhhlilbhha 121 122 tshy\dr\s\tek te}1 he 11 \ larEd t yb'h 3 'M'hM ht'f3r'9etM' i Mstdn\Ma% ate \]chub '(1).ttk\ 123 4.5. New Loan. 124 4.5.1. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.4, if applicable, shall timely pay Buyer's loan costs, loan 125 discount points, prepaid items and loan origination fees, as required by lender. 126 4.5.2. Buyer May Select Financing. Buyer may select financing appropriate and acceptable to Buyer, including a different 127 loan than initially sought, except as restricted in § 29, Additional Provisions. 128 4.6. Assumption. [OMITTED AS INAPPLICABLE] 129 4.7. Seller or Private Financing. /OMITTED AS INAPPLICABLE/ 130 ''TRANSACTION PROVISIONS 131 5. FINANCING CONDITIONS AND OBLIGATIONS. 132 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New Loan), or 133 if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make an application verifiable by such 134 lender, on or before Loan Application Deadline (§ 3) and exercise reasonable efforts to obtain such loan or approval. 135 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon 136 Buyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its availability, 137 payments, interest rate, terns, conditions, and cost of such New Loan. This condition is for the benefit of Buyer. If such New 138 Loan is not satisfactory to Buyer, Seller must receive written notice to terminate from Buyer, no later than Loan Conditions 139 Deadline (§ 3), at which time this Contract shall terminate. IF SELLER DOES NOT TIMELY RECEIVE WRITTEN 140 NOTICE TO TERMINATE, 11115 CONDIT1ON SHALL BE DEEMED WAIVED, AND BUYER'S EARNEST MONEY 141 SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT. (e.g.,Appraisal,Title, 142 Survey). 143 53. Credit Information and Buyer's New Senior Loan. [OMITTED AS INAPPLICABLE] 144 5.4. Existing Loan Review. /OMITTED AS INAPPLICABLE] 145 6. APPRAISAL PROVISIONS. 146 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g., roof 147 repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract 148 (notwithstanding § 10 of this Contract) by delivering written notice to terminate to Buyer on or before three days following 149 Seller's receipt of the Requirements. Seller's right to terminate in this § 6.1 shall not apply if on or before any termination by Seller 150 pursuant to this § 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements are 151 completed by Seller; or (3) the satisfaction of the Requirements is waived in writing by Buyer. 152 6.2. Appraisal Condition. 153 ❑ 6.2.1. Not Applicable. This § 6.2 shall not apply. 154 ® 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the Purchase Price 155 exceeds the Property's valuation determined by an appraiser engaged by Buyer s lender . The appraisal 156 shall be received by Buyer or Buyer's lender on or before Appraisal Deadline (§ 3). This Contract shall terminate by Buyer 157 delivering to Seller written notice of termination and either a copy of such appraisal or written notice from lender that 158 confirms the Property's valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection 159 Deadline (§ 3). If Seller does not receive such written notice of termination on or before Appraisal Objection Deadline PREPARED BY: Greg Hunter, Broker CBS4-8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFASTS Software, 02011, Version 6.16. Software Registered to: Craig Monis, Morris & Fyrwald Real Estate Sotheby's International Realty page 1 or 14 03@4H111 :03 :26 Buyer(s) Seller(s) 160 (§ 3), Buyer waives any right to terminate under this section. 161 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by 162 ® Buyer ❑ Seller. 163 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 164 7.1. Evidence of Title. On or before Title Deadline (§ 3), Seller shall cause to be furnished to Buyer, at Seller's expense, a 165 current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this 166 box is checked, ❑ An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver to 167 Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Sellers possession. At Seller's 168 expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after 169 Closing. The title insurance commitment ® Shall LJ Shall Not commit to delete or insure over the standard exceptions 170 which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, 171 (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid t axes, assessments and unredeemed tax 172 sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by ❑ Buyer 173 ® Seller. 174 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 175 the right to review the Title Commitment, its provisions and Title Documents (defined in § 7.2), and if not satisfactory to Buyer, 176 Buyer may exercise Buyer's rights pursuant to § 8.1. 177 7.2. Copies of Exceptions. On or before Title Deadline (§ 3), Seller, at Seller's expense, shall furnish to Buyer and 178 n/a , (1) copies of any 179 plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be 180 furnished, and if this box is checked ® Copies of any Other Documents (or, if illegible, summaries of such documents) listed 181 in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these 182 documents pursuant to this section if requested by Buyer any time on or before Exceptions Request Deadline (§ 3). This 183 requirement shall pertain only to documents as shown of record in the office of the clerk and recorder in the county where the 184 Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished 185 pursuant to this section, constitute the title documents (collective) Title Documents). 186 �A3. sbtaey�'OI 111,61041‘ ' M*th,atihe ���sbeaa� ek�ahhN *aare »*aiWiliab>,aae t tlta>se \ 187 Witte111e\ N iedeihblA tlheNt1ulhRddtl)'th' aelJel \ abht'El ht�tl'MJelahhk\51,1' y\Alt \ 188 ' QV1iieriaLah tbbhLbhfiidlClkiiki> bV \\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\tt\\\\\\\\\ 189 rdtti kki.isYbtbiJn�s ii �l\b1e1r1dlitlkai�dt �d$"\\��\\��\\������`taAStlrb >sttait�bd 190 ��,�1,�}1 kl•.\\ 1.>t rlralb3Pekbhi�Wh 'ehldh,►,\t��1li`a9elitIA aA Nie\ idcb3s \J11b1Vie'firb�A/11tkN\Bir A 191 N`ddt`8e\itlll b to\ Ntb cicbisltlrllbis\BttarWihibNnb aNthbb3t\add‘bAtlJela1/411 Mier>bbIbki 'ihey\h�drb \ 192 131,yblti141tteb itirkh iklyktIAAecithiaMilatin111 biAht1i`byAhlell 193 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 194 declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent annual owners' 195 meeting and minutes of any directors' or managers' meetings during the six -month period immediately preceding the date of this 196 Contract, if any (Governing Documents), most recent financial documents consisting of (I) annual balance sheet, (2) annual 197 income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents). 198 ® 7.4.1. Not Applicable. This § 7.4 shall not apply. 199 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 200 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE 201 OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION 202 FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF 203 THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE 204 FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO 205 PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, 206 THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE 207 DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY 208 PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL 209 REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF 210 THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY 211 SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. 212 PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE 213 BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 214 ® 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. Buyer has 215 reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property and its owners 216 and waives any right to terminate this Contract due to such documents, notwithstanding the provisions of § 8.5. 217 7.4.4. CIC Documents to Buyer. 218 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at 219 Seller's expense, on or before CIC Documents Deadline (§ 3). 220 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to Buyer, PREPARED BY: Greg Hunter, Broker CBS4 -e -10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFAET® Software, 02011, Version 6.18. Software Registered to: Craig Monis, Moms 5 Fyrwald Real Estate Sotheby's International Realty �- 0324/11 11:03:28 Page 5 of 14 Buyer(s) Seller(s) 221 at Seller's expense. 222 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receipt 223 of the CIC Documents, regardless of who provides such documents. 224 7.4.5. Conditional on Buyer's Review. If the box in either § 7.4.4.1 or § 7.4.4.2 is checked, the provisions of this § 7.4.5 225 shall apply. In the event of any unsatisfactory provision in any of the CIC Documents, in Buyer's sole subjective discretion, 226 and written notice to terminate byp Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents 227 bll lb6dablhatsaa (?i V3rlykkhdde WaCi� '�Udtklrt`td.ittl ddd.JviWei k&`thldrk$tl `fJ?Wtlrh{vk dn\ \\\\\\\\\\ 228 \\\\ \ShJrMa'gdyk MOsiWthak'I(Spcbkkhls\iAe`rMY1lT` aLl2dth` r11)ihie \3a\$Ivy \uulIlViab3\ttte\1u'glrt \ ht\ 229 '01014 )►alelhtkieltAat\��ah> tb Witted, tlatkk` thtarklihhilAM1 ar>< ateShner‘an�bry )e'Farle`tadalj)sVitelTluyhM 230 karkldt\ f'ittt&bikahM\t\deate & Vie\ tla`!) dchhiehls~! bl\ R3r} claW atMlrb$eeto\teltliklelei'eltld' 231 bNielJyisk` bVAAdiiadttbViede \LhiekttaAel`OA)ilrWohte\ §' Ultj rbr* s4in\ ttAdhdddetthk drhiihethl ►rdil.badekhtilaWgt/ihA 232 \if'S bhbkbb rhkA \�tol lahk\lt§y flek\dolehbhk dtWe \$b }Ask \bhittbhhio`thhVbVtbi iihhte\Mthht\ 233 kt\dl#tihtl \$h it ds itliSDdduhle`dts',Llra hs' tiMeti t` t& ltltlrh &hh`addtieklNehhiviethh\ht�\ 234 klbtidd.ta4 d,hrb hhiLh ittt hAltie4 kbilskVS∎dr§* \ 235 ltlo`te: \ lfddhMt illsg.YMi1 khbM eLL\ \ iite1/2kbkAioh3b`f'§ \T1tb\fhflall apply. 236 8. TITLE AND SURVEY REVIEW. 237 8.1. Title Review. Buyer shall have the right to review the Title Documents. Buyer shall provide written notice to terminate 238 based on unmerchantability of title, unsatisfactory form or content of Title Commitment, or, notwithstanding § 13, of any other 239 unsatisfactory title condition, in Buyer's sole and subjective discretion, shown by the Title Documents (Notice of Title Objection). 240 Such Notice of Title Objection shall be delivered by or on behalf of Buyer and received by Seller on or before Title Objection 241 Deadline. (§ 3), provided such Title Documents are received by Buyer in a timely manner. If there is an endorsement to the Title 242 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment shall be 243 delivered to Buyer. Provided however, Buyer shall have five days to deliver the Notice of Title Objection after receipt by Buyer 244 of the following documents: (1) any required Title Document not timely received by Buyer, (2) any change to the Title 245 Documents, or (3) endorsement to the Title Commitment. If Seller does not receive Buyer's Notice of Title Objection by the 246 applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 247 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off- Record Matters Deadline 248 (§ 3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all 249 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters 250 (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual 251 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not 252 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). 253 Written notice to terminate based on any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, 254 notwithstanding § 13) in Buyer's sole subjective discretion, by or on behalf of Buyer shall be delivered to Seller on or before 255 Off - Record Matters Objection Deadline (§ 3). If Seller does not receive Buyer's written notice to terminate on or before 256 Off- Record Matters Objection Deadline (§ 3), Buyer accepts title subject to such rights, if any, of third parties of which Buyer 257 has actual knowledge. 258 8.3. Survey Review. 259 ® 8.3.1. Not Applicable. This § 8.3 shall not apply. 260 ❑ 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to review the Survey. If 261 written notice to terminate by or on behalf of Buyer based of any unsatisfactory condition, in Buyer's sole subjective discretion, 262 shown by the Survey, notwithstanding § 8.2 or § 13, is received by Seller on or before Survey Objection Deadline (§ 3), 263 this Contract shall terminate. If Seller does not receive Buyer's written notice to terminate by Survey Objection Deadline 264 (§ 3), Buyer accepts the Survey as satisfactory. 265 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 266 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 267 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT 268 RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 269 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 270 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 271 SPECIAL TAXING DISTRICTS IN WINCH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 272 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING 273 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 274 RECORDER, OR THE COUNTY ASSESSOR. 275 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as the effect 276 of special taxing district is unsatisfactory, in Buyer's sole subjective discretion, if written notice to terminate, by or on behalf of 277 Buyer, is received by Seller on or before Off - Record Matters Objection Deadline (§ 3), this Contract shall terminate. If Seller 278 does not receive Buyer's written notice to terminate on or before Oft Record Matters Objection Deadline (§ 3), Buyer accepts 279 the effect of the Property/s inclusion in such special taxing district and waives the right to terminate for that reason. 280 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in §§ 8 and 13. If 281 Seller receives Buyer's written notice to terminate or notice of unmerchantability of title or any other unsatisfactory title condition PREPARED BY: Greg Hunter, Broker • G8S46 -10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFA$T0 Software, 02011, Version 6.16. Software Registered to: Craig Monts, Morris 6 Fyrwald Real Estate Sotheby's International Realty 03/24/11 11:03:26 Page 6 of 14 Buyer(s)ra Seller(s) 282 or commitment terms as provided in §§ 8.1and 8.2, Seller shall use reasonable efforts to correct said items and bear any nominal 283 expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction, in 284 Buyer's sole subjective discretion, on or before Closing, this Contract shall terminate; provided, however, Buyer may, by written 285 notice received by Seller on or before Closing, waive objection to such items. 286 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this 287 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the right 288 of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall terminate. If 289 the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in full force and 290 effect. Seller shall promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or 291 Contract approval has not occurred on or before Right of First Refusal Deadline (§ 3), this Contract shall terminate. 292 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. 293 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including 294 without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 295 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 296 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of 297 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold 298 interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them 299 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer 300 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract 301 [e.g., Title Objection Deadline (§ 3) and Off - Record Matters Objection Deadline (§ 3)]. 302 9. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to 303 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5), Title and Survey 304 Review (§ 8) and Property Disclosure, Inspection, Indemnity, Insurability, Due Diligence and Source of Water (§ 10). 305 (DISCLOSURE, INSPECTION AND DUE DILIGENCE 306 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE, AND SOURCE OF 307 WATER. 308 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 3), Seller agrees to 309 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 310 completed by Seller to Seller's actual knowledge, current as of the date of this Contract. 311 10.2. Inspection Objection Deadline. Unless otherwise provided in this Contract, Buyer acknowledges that Seller is conveying 312 the Property to Buyer in an "as is" condition, "where is" and "with all faults ". Seller shall disclose to Buyer, in writing, any latent 313 defects actually known by Seller. Buyer, acting in good faith, shall have the right to have inspections (by a third party, personally 314 or both) of the Property and Inclusions (Inspection), at Buyer's expense. If (1) the physical condition of the Property, (2) the 315 physical condition of the Inclusions, (3) service to the Property (including utilities and communication services), systems and 316 components of the Property, e.g. heating and plumbing, (4) any proposed or existing transportation project, road, street or 317 highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property 318 or its occupants is unsatisfactory in Buyer's sole subjective discretion, Buyer shall, on or before Inspection Objection Deadline 319 (§ 3): 320 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 321 10.2.2. Notice to Correct. Deliver to Seller with a written description of any unsatisfactory physical condition which 322 Buyer requires Seller to correct. 323 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 3), the physical condition of the 324 Property and Inclusions shall be deemed to be satisfactory to Buyer. 325 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in 326 writing to a settlement thereof on or before Inspection Resolution Deadline (§ 3), this Contract shall terminate on Inspection 327 Resolution Deadline (§ 3), unless Seller receives Buyer's written withdrawal of the Notice to Correct before such termination, 328 i.e., on or before expiration of Inspection Resolution Deadline (§ 3). 329 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 330 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any 331 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kind 332 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller 333 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. 334 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 335 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and expenses. The 336 provisions of this section shall survive the termination of this Contract. 337 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's sole subjective discretion, with the 338 availability, terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on 339 or before Property Insurance Objection Deadline (§ 3), of Buyer's written notice to terminate based on such insurance being 340 unsatisfactory to Buyer. If Seller does not receive Buyer's written notice to terminate on or before Property Insurance Objection 341 Deadline (§ 3), Buyer shall have waived any right to terminate under this provision. PREPARED BY: Ong Hunter, Broker CBS4 -8 -10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFASTO Software, 02011, Version 6.16. Software Registered to: Craig Monis, More a Fy,wald Real Estate Sotheby's International Realty 03/24/11 11:03:26 Page 7 of 14 Buyers) Sellers) 342 tS \bba 'IMAM hRaacitob\ClfthaDl eky\?nAl\§Y9` 'hhwelsh\ihslthOs JfkhaatYlrhPibtidril\ 343 altila 'k\ddtiehl)hairic dtkl+a tils1bbafaPihtbglits61\tbab'r aVektihhUtileVlad tiia t Alc.\a 344 adaatbls ? aal's ) itaalk'UYlbe.ttreo \tWthaaarldiliaaaklte\Pb1 BbV laclas as\ 33tistckdrjAkb`Thm 345 ih tluSAt8i, dlaka6jaatWe \ V71eM&\lit \tib` b\bislai d \ froVick\ `the \ aphkabft \ 346 sWitterkhatlee l bk' \ ftb2 \$byar\iite'N\atlad.ha4e\?hb ,1 aF bbaetaaadrlldrhhanal hlt1Mi b We\NOWtj 'iMihail* 347 PhLha.XalahM by EhtOrMahaatht ∎SitlX>raesklath6NiOappAittaN N'Q'9eltek\E3ttW8it Nbkadrbdr*Wiab\63Mae\\\'4\ 348 ifdaihadrhaatalsklli ►dsa36>skit,\ r faLaAl >n klAirbhhaeletiMiliMeaklA s'( adrh,> Ndt \bkk\)glsvM\}r`Is3X- 13\WAbarkt\ 349 pkaatk11kldr\LtWthALkrkbiat 14 s3a3sliebisylhat tet 1l4Vr\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ 350 rr aaahhM \�a�hb� Wth QAUs\ `a \4\�nX haktiarl)\ ft �aAw l I hflhtfti '&\ 352 clittth661a lti3rkb4>rha3a ritatbat»ad ahOTh\a)rlihtnlI \ dhite610 Ob\d Mdltek) lhb \ 353 ante oW 614MY"i3dybais\adt' tide aANk\ Moils\ dt\$ rMi obbldnliiIhk )e�ktiaa,Va'Orlylkaaala tttalati eailarltiaa,\ 354 &itie8i►lefb hta \r 'Ati dvkh\h h b A aMit�k d' g a \ di h bt e h,\ sM' 356 t te\1RIlt b 1 iuklblen \S a h l a11hds\ h( D�\8 idraa r i b d 143s la, th \ 358 1kSJiidadaatal1h hahYkbhltha lieLbliha LhaWbalistelaadb bW\ \\ \ \bh}s\arid�ifkaaileatarldeV\ 359 ia#hhfe l 11Vki1 lla iditali �al li\ 11 \111aYd\ a \Wi�a\ ' 111x1 t11\�§\1lry\ d\6L\�\i itiM 360 �OaltiM ' 361 ilM beittaliethiStaandeitiAgilia a aAWAcleliSilt lseiNU bk'`tbd'falhhiiik oba tMits\aichinr arldtkb \ik\p ka 362 liDlha hOtalaijeed1\Mbe`ft∎Mttlatili Make \baaarhaats lktiUlrIA \y) \to\t\akaat\'shan\bha\ k a 363 Itolhtnlatt\ekiskkha lule\ih`Selllttb a/61M\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \\ 364 \\\\ YbXAIti\ USA b' caMl aatradcbtaatbig\ tb` tha*rhtiaa,`, aarbtdnkaadaridhrbhaigebleblai ; it* \Pra \\\\\\\\\\\\\\\ 365 \ \ \ \Y19XA2. \ti'aaabkbnie\Arb iebdliivatar4halakabhl \\\\\\ \\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ 366 \ \ \\ YOGA. 1 . \ l►1llalttba bit `fllaa6\ kaas'thkNha)■to\ak \Nolah`tOaa8 `the lartLhahhbbbltnkht4 367 \ \ \ \ladltaiklealliie WraWblacb' ca a+ tntettirMit> lrid' 3tebk\arliiaaekar�\ abbe,` cJ; \ate>{�erhialraat\aarb'tkhto3b`f 368 \ \\\`pdcl aaky) io\$ 11 kkhill taJv16Va8atua ;\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \ \\ \\ \ \ \ \ \t \ \ \ \ \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ 369 \\\\ YO 0h A\lidtbibMlhdihdues\tDVie\(kbba to\$ ay) ek \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ 370 \\\\ YbXM\ tiWab rha ath)< dikhaitas' t\ t) MA\\\\} aaa;\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ 371 \\\\ YbXAti. 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M1eba. \ i' t' hh 16 '6tNahkialMtWs \ skl itcaakaiiadldidrh lta3itabit \ 401 WfMabaM MattM)66$6aabeLahhb'O Wahtlae\th'tMa61/4a1\r10 hate Witte la 6188r ` ∎Viee8an11-V11)1N\ 402 Val \b\ Mahn \sldtkblakdrnMthbh\ baibMilikaa de\ bbeeclbMst b) e1iiithDelaMrilsl A\i)\II\ Selkl }\rlaaiigk\ PREPARED BY: Greg Hunter, Broker CBS4 -8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFA$T® Software, 02011, Version 6.16. Software Registered to: Craig Morris, Moms 8 Fyrwakt Real Estate Sotheby's International Really page 8 of 14 03/24/11 11:03:26 Selkrts) Buyer(s) .403 Winter# rldt laeteterkiih>1tltAisNaMosic111)40441ehin'ale 404 10.8.4. Zoning. If Buyer is not satisfied with the results of Buyer's review of the Zoning and written notice to terminate is 405 received by Seller on or before Due Diligence Documents Objection Deadline (§ 3), this Contract shall terminate. 406 If Buyer's written notice to terminate for any of the conditions set forth above is not timely received by Seller, then such 407 condition shall be deemed to be satisfactory to Buyer. 408 10.9. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ❑ Does ® Does Not 409 acknowledge receipt of a cop�of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable 410 water for the Property. Buyer Does ® Does Not acknowledge receipt of a copy of the current well permit. ® There is No 411 Well. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE 412 GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED 413 SOURCE) TO DETERMINE THE LONG -TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 414 10.10Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned to 415 the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the Lease 416 or other writing received by Buyer. Seller shall not amend, alter, modify, extend or cancel any of the Leases nor shall Seller enter 417 into any new leases affecting the Property without the prior written consent of Buyer, which consent shall not be unreasonably 418 withheld or delayed. 419 11. TENANT ESTOPPEL STATEMENTS. 420 ® 11.1. Not Applicable. This § 11 shall not apply. 421 11.2. Applicable. This § 11.2 shall apply unless the box in $ 11.1 is checked. As to all occupants or tenants at the Property, 422 Seller shall obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline (§ 3), statements in a form and 423 substance reasonably acceptable to Buyer (Estoppel), from each occupant or tenant attached to a copy of such occupant's or 424 tenant's lease and any amendments (Lease) stating: 425 11.2.1. The commencement date of the Lease and scheduled termination date of the Lease; 426 11.2.2. That said Lease is in full force and effect and that there have been no subsequent modifications or amendments; 427 11.23. The amount of any advance rentals paid, rent concessions given, and deposits paid to Seller; 428 11.2.4. The amount of monthly (or other applicable period) rental paid to Seller; 429 11.2.5. That there is no default under the terms of said Lease by landlord or occupant; and 430 11.2.6. That the Lease to which the Estoppel is attached is a true, correct and complete copy of the Lease demising the 431 premises it describes. 432 11.3. Tenant Estoppel Statements Delivery/Objection. If Seller shall fail to deliver the Estoppels on or before Tenant 433 Estoppel Statements Deadline Deadline (§ 3) or if Buyer is not satisfied with the form or substance of the Estoppels and written 434 notice to terminate is received by Seller on or before Tenant Estoppel Statements Objection Deadline (§3), this Contract shall 435 terminate. Buyer's approval or disapproval of the Estoppel shall be at Buyer's sole subjective discretion. Buyer shall also have the 436 unilateral right to waive any unsatisfactory Estoppel. If Buyer's written notice to terminate is not received by Seller on or before 437 Tenant Estoppel Statements Objection Deadline (§ 3), the Estoppels shall be deemed to be satisfactory to Buyer. 438 'CLOSING PROVISIONS I 439 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 440 12.1. Closing Documents and Closing Information. Seller and Buyer shall cooperate with the Closing Company to enable the 441 Closing Company to deliver all documents required for Closing to Buyer and Seller and their designees by the Closing 442 Documents Delivery Deadline (§ 3). If Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's 443 lender shall be required to provide the Closing Company in a timely manner all required loan documents and financial information 444 concerning Buyer's new loan. Buyer and Seller will furnish any additional information and documents required by Closing 445 Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or reasonably 446 required documents at or before Closing. 447 12.2. Closing Instructions Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions. Such 448 Closing Instructions ® Are ❑ Are Not executed with this Contract. Upon mutual execution, ® Seller ❑ Buyer shall deliver 449 such Closing Instructions to the Closing Company. 450 12.3. Closing. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as the 451 Closing Date (§ 3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 452 Land Title 453 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary between 454 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 455 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 456 terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty 457 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except 458 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements 459 installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: 460 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by 461 Buyer in accordance with Title Review (§ 8.1), PREPARED BY: Greg Hunter, Broker CBS4 -8 -10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFASTO Software, 02011, Verson 6.16. Software Registered to: Craig Moms, Moms 8 Fyrwald Real Estate Sotheby's International Realty 03/24/11 11:03:26 Page 8 of 14 Buyer(s) Seller(s) 462 ' 13.2. Distribution utility easements (including cable TV), 463 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge 464 and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and Survey Review 465 (§ 8.3), 466 13.4. Inclusion of the Property within any special taxing district, and 467 13.5. Other n/a 468 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the 469 proceeds of this transaction or from any other source. 470 15. CLOSING COSTS, CLOSING FEE, CIC FEES AND TAXES. 471 15.1. Closing Costs. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be 472 paid at Closing, except as otherwise provided herein. 473 15.2. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by ❑ Buyer ❑ Seller ® One -Half 474 by Buyer and One -Half by Seller ❑ Other n/a 475 15.3. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Status 476 Letter) shall be paid by ❑ Buyer ® Seller ❑ One -Half by Buyer and One -Half by Seller. Any transfer fees assessed by the 477 Association (Association's Transfer Fee) shall be paid by CJ Buyer ® Seller ❑ One -Half by Buyer and One -Half by Seller. 478 15.4. Local Transfer Tax. ❑ The Local Transfer Tax of 0 % of the Purchase Price shall be paid at Closing by 479 ❑ Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller. 480 Y5),4.Ailli hl` 'tt1d14t10atdsNAd41a4\ N, h4iday` akat 'u!Watlsbb`fthhleat33c\Mt hi>fti4} JrtietKatk.By\\ 481 \ 'Chillslr\qaSolilie'r\\E3 ilMb)\M MMMd.lilnA$itlf*SellerN 482 16. PROBATIONS. The following shall be prorated to Closing Date (§ 3), except as otherwise provided: 483 16.1. Taxes. Personal property taxes, if any, and eneral real estate taxes for the year of Closing, based on Z Taxes for the 484 Calendar Year Immediately Preceding Closing LI Most Recent Mill Levy and Most Recent Assessed Valuation, or 485 ❑ Other n/a 486 ) k.}\'M AIV OI& b151S 'dt\E3kltildeMilkiilhNklad4E3*(k lid,\ k` t`O lblikg�5A11e4 'shlh`tAAIAkb4lrtddl AAAIylelthe 487 h v\ik%X 561tb114Akliesl isllOabd\ Ah1Ay111tb1AtUbhlRl1 \khdiblUtdhddo 111 \1,W11blFOHallt&lAWAI akshhll, 488 h1As bfilhelOAs td. hhab8br11s119e1hA1hAllLhsi§ 111AINly1e11; 1t1h1s #eL1111C6,404.Lhll` kh \hMA 489 \lilhhltldh\RMMl 490 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance 491 shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by 492 the Association shall not be credited to Seller except as may be otherwise provided by the Goveming Documents. Buyer 493 acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any 494 special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon shall 495 be the obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 3) by the Association shall be the 496 obligation of ❑ Buyer ❑ Seller. Seller represents that the Association Assessments are currently payable at $ none 497 per no and that there are no unpaid regular or special assessments against the Property except the current 498 regular assessments and 499 none other. 500 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the 501 Association to deliver to Buyer before Closing Date (§ 3) a current Status Letter. 502 16.4. Other Prorations. Water and sewer charges, interest on any continuing loan, and 503 none. 504 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final. 505 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 3), subject 506 to the following leases or tenancies: 507 none. 508 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable 509 to Buyer for payment of $ 500. per day (or any part of a day notwithstanding § 18.1) from the Possession Date and 510 Possession Time (§ 3) until possession is delivered. 511 I GENERAL PROVISIONS 512 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 513 18.1. Day. As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.m., United States Mountain Time 514 (Standard or Daylight Savings as applicable). PREPARED BY: Greg Hunter, Broker CBS4 -8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFA$TS Sothnre, 02011, Version 8.18. Software Registered to Craig Moms, Monis & Fyrwald Real Estate Sotheby's International Realty 03/24/11 11:03:28 Page 10 of 14 Buyers) Seller(s) •515 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified, the 516 first day is excluded and the last day is included, e.g., three da s after MEC. If any deadline falls on a Saturday, Sunday or federal 517 or Colorado state holiday (Holiday), such deadline 129 Shall Shall Not be extended to the next day that is not a Saturday, 518 Sunday or Holiday. Should neither box be checked, the deadline shall not be extended. 519 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK - 520 THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition 521 existing as of the date of this Contract, ordinary wear and tear excepted. 522 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior 523 to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before 524 Closing Date (§ 3). In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract 525 may be terminated at the option of Buyer by delivering to Seller written notice to terminate on or before Closing. Should Buyer 526 elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that 527 were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the 528 amount of any deductible provided for in such insurance policy. Such credit not to exceed the Purchase Price. In the event Seller 529 has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing, plus credit Buyer the 530 amount of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 531 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 532 systems and components of the Property, e.g., heating or plumbing, fail or be damaged between the date of this Contract and 533 Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion, service, 534 system, component or fixture of the Property with a unit of similar size, age and quality, or an equivalent credit, but only to the 535 extent that the maintenance or replacement of such Inclusion, service, system, component or fixture is not the responsibility of the 536 Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are 537 aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of 538 such Inclusions. 539 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result 540 in a taking of all or part of the Property or Inclusions, Seller shall promptly notify Buyer, in writing, of such condemnation action. 541 In such event, this Contract may be terminated at the option of Buyer, in Buyer's sole subjective discretion, by Buyer delivering 542 to Seller written notice to terminate on or before Closing. Should Buyer elect to consummate this Contract despite such diminution 543 of value to the Property and Inclusions, Buyer shall be entitled to a credit at Closing for all condemnation proceeds awarded to 544 Seller for the diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits, expenses 545 or exceed the Purchase Price. 546 19.4. Walk- Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 547 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 548 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 549 the respective broker has advised that this document has important legal consequences and has recommended the examination of title 550 and consultation with legal and tax or other counsel before signing this Contract. 551 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Eamest 552 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is not 553 performed or waived as herein provided, there shall be the following remedies: 554 21.1. If Buyer is in Default: 555 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 556 (whether or not paid by Buyer) shall be paid to Seller and retained by Seller; and Seller may recover such damages as may 557 be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific 558 performance or damages, or both. 559 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 shall apply unless the box in 4 21.1.1. is checked. All Earnest 560 Money (whether or not paid by Buyer) shall be paid to Seller, and retained by Seller. Both parties shall thereafter be 561 released from all obligations hereunder. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, 562 and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4, 22, 23 and 24), 563 said payment of Eamest Money shall be SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the 564 obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 565 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 566 hereunder shall be retumed and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as 567 being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 568 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or 569 litigation relating to this Contract, prior to or after Closing Date (§ 3), the arbitrator or court shall award to the prevailing party all 570 reasonable costs and expenses, including attorney fees, legal fees and expenses. 571 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first 572 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who PREPARED BY: Greg Hunter, Broker CBS4 -8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFAST® Software, 02011, Version 8.16. Software Registered to Craig Monis, Monis S Fyrwald Real Estate Sotheby's International Realty Buyer(s) 0324/11 11'03:28 Page 11 of 14 Sellers) • .573 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must 574 agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the 575 cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within 576 thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This 577 section shall not alter any date in this Contract, unless otherwise agreed. 578 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Eamest Money 579 as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest 580 Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Eamest 581 Money Holder, at its option and sole subjective discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest 582 Money into a court of competent jurisdiction and shall recover court costs and reasonable attomey and legal fees, or (3) provide notice 583 to Buyer and Seller that unless Eamest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and 584 Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the 585 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does 586 receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the 587 Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 23). The provisions of this 588 § 24 apply only if the Earnest Money Holder is one of the Brokerage Firms named in § 32 or § 33. 589 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the 590 parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24. 591 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the 592 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 593 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be 594 valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that, 595 by its terms, is intended to be performed after termination or Closing shall survive the same. 596 27. NOTICE, DELIVERY AND CHOICE OF LAW. 597 27.1. Physical Delivery. All notices must be in writing, except as provided in § 27.2. Any document, including a signed 598 document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signature on behalf of Buyer 599 any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer (except for 600 delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 27.2 below. Any 601 document, including a signed document or notice, delivered to Seller shall be effective when physically received by Seller, any 602 signator on behalf of Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of Broker working 603 with Seller (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in 604 § 27.2. 605 27.2. Electronic Delivery. As an alternative to physical delivery, any document, including any si ed document or written 606 notice may be delivered in electronic form only by the following indicated methods: ® Facsimile IN E -mail ❑ Internet 607 ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 608 27.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with 609 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 610 located in Colorado. 611 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, 612 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 27 on or before 613 Acceptance Deadline Date (§ 3) and Acceptance Deadline Time (§ 3). If accepted, this document shall become a contract between 614 Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy 615 thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. 616 (ADDITIONAL PROVISIONS AND ATTACHMENTS 1 617 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 618 Commission.) 619 1) This offer's acceptance shall be conditional upon the City Council of Aspen approving C e tevidenced th evidenced by a resolution duly adopted no later than April 11, 2011. In the event that the City Council of the City of Aspen does not pass such a resolution approving this offer, then this offer shall be null and void and Buyer's earnest money shall be returned forthwith. 2) For the purposes of this agreement, "days from Resolution" shall mean the date that this contract is approved as is evidenced by a resolution. 3) Buyer acknowledges that this parcel is vacant land located within the confines of the Aspen Business Center and that the Buyer is already in possession of and has reviewed the Protective Covenants and all other CIC documents applicable for the Aspen Business Center. PREPARED BY: Greg Hunter, Broker CBS4 -8 -10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFAST€ Software, 02011, Version 8.16. Software Registered to: Craig Monis, Monis & Fyrwald Real Estate Sotheby's International Realty Buyer(s) 03/24/11 11:03:28 Page 12 of 14 Seller(s) 4) On or before March 28, 2011 Buyer shall provide Seller with a letter of pre - approval from Buyer's lender for a New Loan amount of $300,000. This letter shall also acknowledge that the lender has a loan program offering 5.0% interest amortized over a period of 10 years, and that Buyer's credit and income are acceptable for that loan program. Said pre - approval letter shall not be considered final loan approval, but shall simply confirm the existence of the loan program and the Buyer's abilities as outlined above. 5) It is hereby acknowledged that the Buyer is represented by Robert J. Snyder Realty Services, Inc. working and compensated as the Selling Broker, and as a Transaction Broker for the Buyer. 620 30. ATTACHMENTS. The following are a part of this Contract: 621 none. 622 ❑ Residential Addendum 623 624 Note: The following disclosure forms are attached but are not a part of this Contract: 625 none. 626 'SIGNATURES I Hy- Mountain Transportation Inc and/or Assigns 111C AABC, Aspen, CO 81611 Bus.#: 925 -8294 Fax 8: 925 -94 - BUYER ` - DATE 3 - 24 - By: Todd Gardner 627 Electronic Address: toddehmtaxi -corn 628 629 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 31] 630 City of Aspen SELLER DATE By: Steve Barwick, City Manager 631 Electronic Address: n/a 632 633 31. COUNTER; REJECTION. This offer is ❑ Countered ❑ Rejected. 634 Initials only of party (Buyer or Seller) who countered or rejected offer 635 636 I END OF CONTRACT TO BUY AND SELL REAL ESTATE I 637 638 32. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 639 (To be completed by Broker working with Buyer) 640 641 Broker ❑ Does ® Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Contract, 642 agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money 643 Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate 644 or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual 645 instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the executed written PREPARED BY: Greg Hunter, Broker CBS4 1-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFASTS Software, 02011, Version 6.16. Software Registered to: Craig Monis, Moms A Fyrxald Real Estate Sotheby's International Realty 0324/11 11:03:26 Page 13 of 14 •646 mutual instructions, provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the 647 Brokerage Firm identified in § 32 or § 33, Closing instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained 648 on or before delivery of Earnest Money to Earnest Money Holder. 649 650 Broker is working with Buyer as a ❑ Buyer's Agent ❑ Seller's Agent (g1 Transaction -Broker in this transaction. 651 ❑ This is a Change of Status. 652 653 Brokerage Firm's compensation or commission is to be paid by ® Listing Brokerage Firm ❑ Buyer 654 ❑ Other n/a 655 Brokerage Firm's Name: \ Velis a)s \I<\Nr,rald Real Estate /Ze h a It / 9 - S-5/47✓,z 4LO/ti - /•i . Sotheby's International Realty 415 East Hyman Avenue ?e?? ,ABC Sf.GUro,es Aspen, CO 81611 A ` N/ / c r/6 �' �C Phone: 970 925 -6060, Fax: 970 - 925 -3138 / 7 970 924 7r,2o By: 970 - S1�s- /o��c4r Signature Greg Hunter Staa__ )2,cfJr 656 Electronic Address: GreaPGreaHunterpronerties.com 657 658 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 659 (To be completed by Broker working with Seller) 660 661 Broker ❑ Does ® Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Contract, 662 agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money 663 Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate 664 or other written notice of termination, Earnest Money Holder shall release the Eamest Money as directed by the written mutual 665 instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the executed written 666 mutual instructions, provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the 667 Brokerage Firm identified in § 32 or § 33, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained 668 on or before delivery of Earnest Money to Earnest Money Holder. 669 670 Broker is working with Seller as a ® Seller's Agent ❑ Buyer's Agent ❑ Transaction -Broker in this transaction. ❑ This is a 671 Change of Status. 672 673 Brokerage Firm's compensation or commission is to be paid by ® Seller ❑ Buyer ❑ Other n/a 674 675 Date: March 24, 2011 676 Brokerage Firm's Name: Morris S Fvrwald Sotheby' s International Realty 677 Broker's Name: Giva Hunter 678 679 Broker's Signature Date 680 Address: 425 E. Hyman, Aspen, CO 81611 681 n/a 682 Phone No.: 970 - 925 -6060 683 Fax No.: 970- 920 -9993 684 Electronic Address: Grace GreaHUnterProperties. corn PREPARED BY: Greg Hunter, Broker CBS4 -8-10. CONTRACT TO BUY AND SELL REAL ESTATE (LAND). Colorado Real Estate Commission ReaIFASTO Software, 02011. Version 6.10. Software Registered to: Craig Morris, Moms 8 Fynrald Real Estate Sotheby's International Realty Buyers) 03/24/11 11:03:26 Page 14 of 14 Seller(s) Robert J. Snyder Realty Services, Inc. 303E Aspen Business Center Aspen, Colorado 81611 970 - 925- 7320/970- 925 -2104 (fax) rjsrsinc(nicom cast.net March 24, 2011 Greg Hunter Morris and Fyrwald VIA FACSIMILE Dear Greg; Please let this Letter serve as an acknowledgement and agreement between Greg Hunter/Morris and Fyrwald as listing broker and Rob Snyder/Robert J. Snyder Realty Services Inc. as selling broker, that while Robert J. Snyder Realty Services Inc. is not a member of the Aspen Board of Realtors MLS, Morris and Fyrwald will pay the same co -op commission represented to the selling broker in the Aspen Board of Realtors MLS listing. Sine el iie • ob � I er Accepted and agreed; Greg Hunter Morris and Fyrwald MEMORANDUM Vi TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director wi FROM: Amy Guthrie, Historic Preservation Officer RE: AspenModern Integrity Scoring Sheets DATE: April 11, 2011 SUMMARY: In January 2011, City Council adopted a new historic preservation ordinance which created AspenModern, a program to encourage the voluntary preservation of historic resources associated with Aspen's 20 century history. The ordinance makes reference to research papers and scoring forms that will be adopted by City Council to be used in evaluating the historic significance of proposed landmarks. The City has been using these sorts of tools for designation reviews for over a decade. Council recently adopted new historic context papers and is now being asked to approve updated score sheets for properties that are significant due to their architectural style. The attached scoring sheet concept was developed during the Historic Preservation Task Force process. It is viewed as a simpler and more user friendly format than past versions of the system. The goal of the analysis is to determine whether a given property is a "good, better, or best" example of Aspen's history. This will inform not only the decision whether or not to designate, but will also help to guide HPC and Council in determining appropriate incentives for voluntary landmarks. The new historic preservation ordinance contains language that applications for designation should be suspended until scoring sheets are finalized. Staff looks forward to putting these forms into use, and including them in a dialogue with property owners interested in AspenModern. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to adopt the AspenModern Integrity Scoring forms." ATTACHMENTS: AspenModern Integrity Scoring Forms 20th century architectural styles in Aspen *Style means "a definite type of architecture distinguished by special characteristics of structure and ornament. i r ±. ... - i4A,4 4, IP. 1 f Of -2- " . --- _ •••■•■••■••■ i 4 114 . 11$ v 4 471. r '11 y Via. d . L i . , ---.1.-... Chalet Bauhaus/International - a�; A k y 7 o- .t.: - illaillig""". i t ilninr " '��' � ml�lkii� IiiVt ihIl�._X� 4 Iiii _ : AO . . - —. .... . s s Modern Chalet Wrightian /Organic 1 - y ?, �_ ' Rustic— Hand built Rustic — Manufactured •�j _�y V. H i a F� -. x rz. —0o0x Z V 1 r -1 1 /� . 2 .k -c -0661 m 1 i t B _ 1 94 F 1-4 1$ 0 , 1 ; y : — 0261 ` Z Z u a 9L61 1 PIPaµaa .L1) ... 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Q) O -E / 7' i ,, , a) _ -c ca u n3 00 N U N (a Y a) p C N 5, }, co so c� �, E . i N 20 I W U O co a) ° . 4— ‘ E a)>EE � m = � U �' = ca Un E ( O c = c O ' �, >, i - 4- 0 a5 a) .0 co a) C6 l� i. 0 u) � � �: _ 0 1 0 X E. E il O RS Q U a , 0 ° Q _ O co s j a) _ a) U a) ( n U (a L (a L- O 0 0 N c i X ��QE u) 1 Ch U . — Q c') as Q v a) 0 (0 (O . � _ INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. LOCATION OF BUILDING ON THE LOT: The building is in its original location. 2 points The building has been shifted on the original parcel, but maintains its original alignment and /or proximity to the street. 1 point SETTING: The property is located within the geographical area surrounded by Castle 1 point Creek, the Roaring Fork River and Aspen Mountain. The property is outside of the geographical area surround by Castle Creek, the Raring Fork River and Aspen Mountain. 1/2 point DESIGN: The form of the building (footprint, roof and wall planes) are unaltered from 3 points the original design. a.) The form of the building has been altered but less than 25% of the original walls have been removed, OR b.) The alterations to the form all occur at the rear of the subject building, OR 2 points c.) The form of the building has been altered but the addition is less than 50% of the size of the original building, OR d.) There is a roof top addition that is less than 50% of the footprint of the roof. MATERIALS Exterior materials The original exterior materials of the building are still in place, with the 2 points exception of normal maintenance and repairs. 50% of the exterior materials have been replaced, but the replacements 1 point match the original condition. Windows and doors The original windows and doors of the building are still in place, with the 2 points exception of normal maintenance and repairs. 50% of the original windows and doors have been replaced, but the 1 point replacements match the original condition. Best: 15 up to 20 points Integrity Score (this page) maximum of 10 points: Better: 12 up to 15 points Character Defining Features Score (first page) maxi - Good: 10 up to 12 points mum of 10 points: Not Eligible:0 up to 10 points HISTORIC ASSESSMENT SCORE: - -- VIf MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: April 7, 2011 RE: Housing Board Appointment By approving the consent calendar, Council is appointing Cathy Markle as the joint alternate to the Aspen Pitkin County Housing Board. A city vacancy exists on the housing board and we have 6 applications. As soon as Council picks a date, we will schedule the interviews. Vita MEMORANDUM TO: Mayor and City Council FROM: David Hornbacher, Deputy Director of Utilities and Renewable Energy THRU: Randy Ready, Assistant City Manager Phil Overeynder, Utilities and Environmental Initiatives Director John Worcester, City Attorney DATE OF MEMO: April 4, 2011 MEETING DATE: April 18, 2011 RE: Water Utility Connection Fees for Affordable Housing REQUEST OF COUNCIL: Staff requests City Council approval of a Municipal Code revision that would codify the policy establishing a water utility connection fee (tap fee) policy for a new category of affordable housing and to clarify administrative practices used for other categories of affordable housing projects. PREVIOUS COUNCIL ACTION: In 1990, Council adopted Ordinance 8, which established tap fee waivers for 100% qualified affordable housing projects. In June 1995, Council adopted Ordinance 95- 27 that specified the variable waiver amount to be applied to mixed projects (free market and affordable units) in the AH Zone District. At that time, projects in the AH Zone District were new to the land use code and there was no precedent on how to handle mixed projects with both free market and affordable components. February 22, 2011, Staff met with City Council for further direction which is reflected in the proposed Ordinance revision. BACKGROUND: The affordable housing program has developed over time to include a variety of different project types. The first were projects that were 100% affordable. In the mid - 1990's projects that included a mix of free market and affordable units were included in the municipal code. Recently, the Land Use Code has been amended to include a new category (Section 26.540 of the Municipal Code) of affordable housing that permits credits to be purchased by businesses and others that desire to participate in an affordable project. Each time that a new housing category was added to the Municipal Code, Council has reviewed its existing policy on tap fee waivers and adapted the code to recognize the new type of affordable housing. The first development under Municipal Code Section 26.540 was recently approved by City Council. Because there was no code section directly applicable to this type of development, it Page 1 of 4 was necessary to interpret the code without the benefit of a specific policy that addressed these developments. It is expected that there will be more such developments in the future and it is appropriate for Council to adopt a revision to the code to address such circumstances. Projects in the AH Zone that consist of a unit mix (70% affordable and 30% free market) provide for a "sliding scale" fee waiver that ranges from 100% for category 1 units and 0% for Category 4 and Resident Occupied Units within the development. More recently, new affordable housing categories (i.e. Categories 5 and 6) have been recognized by the Aspen Pitkin Housing Authority. These housing categories were added subsequent to the last code revision dealing with tap fee waivers. It is appropriate for Council to adopt specific means to address these situations under the schedule of tap fee waivers provided for projects consisting of mixed free market and affordable housing units. DISCUSSION: In addition to the Municipal Code sections outlined above, administrative practices have been developed by City Managers under previous administrations. These administrative practices further interpreted discussions that occurred during public hearings adopting the ordinance, but do not show up in the Municipal Code language. These administrive practices have carried forward from the date of adoption till the present time. The most important example of this is based on an August 26, 1993 memo from City Manager, Amy Margerum.This memo provided direction to the water, and planning and housing staff to meet additional criteria in providing for tap fee waivers. Specifically that memo indicates that a project that qualifies as 100% affordable must meet the criteria that "the project cannot be mitigation for or associated with free market development." This section of the memo goes on to state the project "must be 100% affordable ", which implies that the understanding at the time of adoption was that projects that were constructed as mitigation did not meet the definition of "affordable housing" under this code section. Yet the language of the Municipal Code provides no guidance about how projects constructed as mitigation for other development should be treated with respect to tap fee waivers. It's possible that this was an interpretation of the code provision that requires that "qualified employee housing" means "projects that are 100% affordable and are administered by the Aspen Pitkin Housing Authority." New Housing Categories. The newer Category 5 and 6 units which are part of a mixed free market and affordable housing project in the AH Zone District are not presently included in the "sliding scale" schedule of tap fee waivers. Staff believes that these units fall between Category 4 and R.O. units, both of which receive no tap fee waivers when they are part of a mixed project containing both affordable and free market components. Staff believes it would therefore be appropriate to treat Categories 5 and 6 the same manner, with no tap fee waiver for these unit types under the "sliding scale" schedule for tap fee waivers. Past Administrative Practices. As stated previously, guidance from the City Manager described in the 1993 memo established an administrative practice for tap fee waivers. Projects have been reviewed to establish whether they serve as mitigation for other developments before granting tap fee waivers as 100% affordable. An example of this is the housing mitigation required for the Hyatt Grand Aspen. Mitigation projects for this development included the Bavarian Lodge and were not provided the benefit of any tap fee waivers when they were constructed. Page 2 of 4 Issues Associated With Section 26.540 Projects. This new category of affordable housing allows the project to utilize innovative methods of project financing. Credits from the project can be sold to community businesses that wish to provide employee housing for their employees. Some of these businesses may not have any obligation to provide affordable housing as part of another development approval. However, some of these businesses or individuals may be under such an obligation to provide a specified number or performance level for affordable units as part of a separate development approval. The administrative practice of ensuring that none of the units are constructed as mitigation for a separate development project therefore poses issues for future projects under Municipal Code Section 26.540. Because these types of development can include both units that serve as mitigation and without this requirement, it appears that they are most like the mixed AH Zone project with both affordable and free market units. If it is Council's desire to ensure that consideration for tap fee waivers be provided for these new types of housing development, staff recommends that the same sliding scale of waivers used for AH Zone projects. FINANCIALBUDGET IMPACTS: Since Municipal Code Section 26.540 provides a new type of affordable unit that was not anticipated when staff prepared the 2011 budget, providing tap fee waivers at any level discussed above would not reduce the level budgeted for tap fees in the current budget year. RECOMMENDED ACTION: Staff recommends that City Council approve the proposed Municipal Code revisions attached to this memo. These code revisions include adding fee "sliding scale" fee waiver definitions for Housing Categories 5 and 6 as discussed herein. It also includes provision to apply the same set of sliding scale tap fee waivers to Section 26.540 projects as presently apply to mixed projects in the AH Zone district. ALTERNATIVES: An alternative to staff's recommendation for affordable units, Section 26.540 developments, is to treat them in the same manner as 100% affordable units, without consideration of whether they are being used to mitigate housing impacts associated with another development. PROPOSED MOTION: I move to read Ordinance Number 13 and set it for a public hearing April 25. CITY MANAGER COMMENTS: ATTACHMENTS: Attachments: A - Exhibit One — Proposed Ordinance 11- Page 3 of 4 ORDINANCE NO. (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 25.12.160 OF THE CITY OF ASPEN MUNICIPAL CODE RELATING TO THE WAIVER AND EXEMPTION OF UTILITY INVESTMENT CHARGES FOR CERTAIN AFFORDABLE HOUSING PROJECTS. WHEREAS, the City Council desires to clarify the types of affordable housing projects eligible for exemption from and waivers of the utility investment charges when connecting to the City of Aspen's water system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 25.12.160 of the City of Aspen Municipal Code is hereby amended to read as follows: Sec. 25.12.160. Waivers and exemptions from utility investment charges for certain employee housing projects. (a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for exemption from and waivers of the utility investment charges when connecting to the City of Aspen's water system. There are three types of affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code a project shall have installed in all units properly maintained and continuously operable water conservation devices and practices as designated from time to time by the City Council by ordinance, resolution, or by regulations issued by the City Manager. (b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined as follows: (i) Qualified Employee Housing shall be defined as publicly or privately constructed and owned projects which: * are not constructed for mitigation purposes or which receive any form of Affordable Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and * are composed of one hundred percent (100 %) employee housing units; and, * are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, * are maintained as qualified employee housing; and (ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility investment charges that may be waived based upon the category of the units within the affordable housing project. Housing Categories as referenced in the Aspen/Pitkin Fee Waiver County Housing Authority Guidelines, as may be Level amended from time to time. Category 1 100% Fee Wavier Category 2 70% Fee Waiver Category 3 40% Fee Waiver Category 4 0% Fee Waiver Category 5 0% Fee Waiver Category 6 0% Fee Waiver Resident Occupied 0% Fee Waiver Free Market Units 0% Fee Waiver (iii) Affordable and Free Market Mix shall be defined as a project that: * consist of a mix of both deed restricted housing to ensure that all units are subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and unrestricted housing (free market) units; and, * were not constructed for mitigation purposes; and * consists of units approved by the City Council in the AH Zone District. (c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any utility investment charges when connection is made to the City of Aspen's water system. (d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility investment charge as set forth in the Fee Waiver Schedule. (e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units, and where no mitigation is required for these units or there is no 2 association with free market development, are eligible for a waiver of the percentage of the total utility investment charge as set forth in the Fee Waiver Schedule. (f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units, projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable housing units as contemplated herein; or, the water conservation devices and practices are not be installed as required, are not properly maintained or continuously operable, the developer of such units and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the utility investment charges exempted by this Section. The City Manager shall establish a method of accomplishing this payment so as not to be unduly burdensome on the developer or owners. (g) Tap Fee Waiver Single Occurrence. Tap Fee waivers for employee housing exemptions are a one -time occurrence at the time of project completion. Additions, remodels, and, or changes that occur after original project completion will not receive a tap fee waiver, however a credit for the ECU's assigned to the specific employee housing unit will be allowed against additional fees due to these improvements. Section 2. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the day of , 2011, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 4/4/11- water- ah waivers.doc 4 VU b MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Chris Bendon, Community Development Director CAM FROM: Jessica Garrow, Long Range Planner AN RE: Stage III Building Redevelopment (625 E. Main St) Amendment of Subdivision Development Order, Planned Unit Development, and Rezoning Ordinance No. 12... Series 2011 (Parcel 2737-073-32-002) DATE OF MEMO: April 4, 2011 MEETING DATE: April 11, 2011 APPLICANT /OWNER: STAFF RECOMMENDATION: 625 Main Aspen LLC, Jeff Cardot Staff recommends City Council approve the project, with conditions. REPRESENTATIVE: Adam Roy, David Johnston Architects P &Z RECOMMENDATION: P &Z recommends City Council approve the project, LOCATION: with conditions. Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO, commonly known SUMMARY: as 625 E. Main St. The Applicant requests City Council approve an amendment to a subdivision development order, a CURRENT ZONING & USE PUD to increase the net livable space in the free - Commercial (C -1) zone district with approvals for a market units, and a rezoning. three -story mixed -use building consisting of twenty - six (26) stacked sub -grade parking spaces, three (3) exterior surface parking spaces, two (2) commercial spaces, one (1) office space, five (5) affordable housing units, five (5) free - market housing units, and a common roof deck z PROPOSED LAND USE: The Applicant is requesting to develop a three story mixed -use building containing thirteen (13) sub - grade parking spaces, three (3) exterior surface parking spaces, three (3) commercial spaces, one (1) office space, two (2) affordable housing units, and three (3) free - market housing units. Page 1 of 10 SPECIAL NOTE: Because the project was originally approved under the 2006 Municipal Code (pre - moratorium), and the applicant requests amending those approvals that remain vested, this application is being reviewed under the 2006 Land Use Code. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council to redevelop the site: • Amendment of a Subdivision Development Order pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • Planned Unit Development to exceed the net livable unit size cap of the free - market units pursuant to Land Use Code Section 26.445. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • Rezoning to place a PUD designation on the property pursuant to Land Use Code Section 26.310. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). The Applicant has received the following Growth Management approvals from the Planning and Zoning Commission: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Amendment to a Growth Management Development Order pursuant to Land Use Code Section 26.470.090.B. • Growth Management Review for Expansion/New Commercial, Lodge, or Mixed -Use Development for the development of a new mixed -use building pursuant to Land Use Code Section 26.470.040 C.2. • Growth Management Review for Affordable Housing for the development of affordable housing pursuant to Land Use Code Section 26.470.040 C.7. PROJECT SUMMARY: The Applicant has requested approvals necessary to amend the approved development at 625 E Main Street, located on the south side of E. Main St. between S. Hunter St. and S. Spring St. The subject site is a 10,000 square foot lot that is approved to be redeveloped with a new mixed - use building containing commercial, office, affordable housing, and free market residential uses. The property is located in the Commercial (C -1) zone district. The site is slightly sloped from Main St. up to the alley. The previously approved (Ordinance 41, Series of 2006) and vested project is for: Page 2 of 10 • A completely sub -grade parking garage with access provided by an internal automobile lift. Twenty -three (23) parking spaces were approved, with thirteen (13) on the basement floor and ten (10) of those spaces outfitted with a vertical lift. In addition the basement is approved to have resident and tenant storage units, mechanical areas, and stair and elevator access to the rest of the building. • A street level containing two (2) commercial spaces totaling 5,861 sf of net leasable space, common circulation areas /facilities, and the top end of the automobile lift. Three (3) head -on parking spaces are provided in the alley, as is an exterior trash/service /delivery area. • A second level containing one (1) office space totaling 2,029 sf of net leasable space, one (1) free market residence with 1,555 sf of net livable space, five (4) one - bedroom affordable housing units totaling 3,534 sf of net livable space, and common circulation areas. Four (4) of the affordable housing units face the north, or Main Street side of the building. One (1) of the affordable housing units has a 51 sf deck on the west side of the building, but no other windows. • A third floor containing four (4) free - market residential units totaling 6,799 sf of net livable space. • A roof with a common deck, two access stairs, an access elevator, and a green roof. This Applicant proposes to amend the approval as follows: • A completely sub -grade parking garage with access provided by an internal automobile lift. The garage will provide thirteen (13) parking spaces, one (1) commercial space totaling 2,118 sf of net leasable area, and stair and elevator access to the rest of the building. • A street level containing two (2) commercial spaces totaling 5,973 sf of net leasable space, common circulation areas /facilities, and the top end of the automobile lift. Three (3) head -on parking spaces are provided in the alley, as is an exterior trash/service /delivery area. • A second level containing one (1) office space totaling 1,896 sf of net leasable space, one (1) free market residence totaling 2,527 sf of net leasable space, two (2) three - bedroom affordable housing units totaling 2,786 sf of net livable area, and common circulation areas. The affordable housing units face the north, or Main Street side of the building. • A third level containing two (2) free - market units totaling 5,495 sf of net livable space, and common circulation space. The Applicant has increased the size of the deck areas dedicated to the free - market units, and decreased the size of the third floor by approximately 19 %. Page 3of10 • The Applicant proposed eliminating the roof -top deck as well as the Green Roof. These changes mean that the full- height access stairs and elevator can be removed from the roof. Table 1: Comparison of Approved vs. Proposed vs. Required Dimensional Requirements (Changes are highlighted in Yellow) D Underly Commercial Approved Dimensional Pro "r edDi mensional Requirement (C -1) Zone District Requiremepts , Realremeti Requirements (Ordinanee $i Minimum Lot 3,000 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Size Minimum Lot Not applicable to mixed 100 Feet 100 Feet Width use development Minimum Lot Not applicable to a mixed N/A N/A Area/Dwelling use development Minimum Front Not applicable to a mixed 0 Feet 0 Feet Yard Setback use development Minimum Side Not applicable to a mixed 0 Feet 0 Feet Yard Setback use development Minimum Rear No requirement for mixed 0 Feet 0 Feet Yard Setback use development; but trash/utility service area must abut alley Maximum 42 Feet for flat roofs. Building: 42 Feet Building: 38 Feet 6 Inches Height Elevator Shaft extends 5 Mechanical Equipment Feet above to 47 Feet (including elevator): 43 Feet Minimum Not applicable to a mixed N/A N/A Distance use development between Buildings Pedestrian Pursuant to Section Cash -in -Lieu fee of $50 Cash -in -Lieu fee of $50 Amenity Space 26.575.030, Pedestrian per 1000 square feet = per 1000 square feet = Amenity $50,000 for this lot $50,000 for this lot Page 4 of 10 Ditenniimal ; Underlying Commercial Approved Dimensional rement (C -1) Zane District Requireme Re meets' Floor Area Cumulative Commercial: Cumulative 11,144 sq. Cumulative 9,947 sq. ft. Ratio (FAR) Maximum: 1.5:1 up to Maximum: ft. or Maximum: or 0.99:1 3:1 2:1 (with 25,427 sq. 1.11:1 23,606 sq. affordable ft. or ft. or housing 2.54:1 2.36:1 increase) Lodging, N/A N/A Arts, Cultural and Civic, Public, Recreational, Academic uses: 3:1 Affordable 4,425 sq. 3,660 sq. ft. Housing: No ft. or or 0.37:1 limitation 0.44:1 Free- Market: 9,858 sq. 9,999 sq. ft. 1:1 ft. or orl:1 0.98:1 Duplex, N/A N/A detached residential, bed and Breakfast: 80% pg allowable floor area of same -sized lot in R6 zone district Maximum Maximum 2,000 sq. ft. for Free Affordable Free- Affordable Residential Unit both free - market Market Units: Market Units: Size (Sq. Ft.) residential units and Units: A. 753 sf Units: affordable housing A. 1,964 sf B. 700 sf A. 2,658 sf A. 1,435 sf residential units. The free- B. 1,927 sf C. 700 sf B. 2,837 sf B. 1,351 sf market component must be C. 1,777 sf D. 681 sf C. 2,527 sf no more than the same D. 1,131 sf E. 709 sf (Total size: (Total size: percentage as the E. 1,570 sf 8,022 sf) 2,786 sf) commercial component Page 5 of 10 5�,., y'{ y� yy X�,ii Dimeen . tb l �,41i {Iii r cnsio 1 ,arx R _ �^ 6� _ Retort Re q u i r eme nt s quirements - Free - Market The total free- market net Free Market Net Livable Free Market Net Livable Net Livable to livable space shall be no Area (NLA): 8,369 sf Area (NLA): 8,022 sf Commercial Net greater than the total Leasable Ratio above grade space Above -Grade Above -Grade Commercial associated with Commercial Net Net Leasable Area (NLA): (commercial net leasable Leasable Area (NLA): 7,869 sf space). 7,890 sf The ratio is not met by The ratio is not met by 153 sf (There is 153 sf 479 sf (There is 497 sf more Free - Market NLA more Free - Market NLA than Commercial NLA) than Commercial NLA) The discrepancy is being This discrepancy can be decreased. carried forward. SUMMARY OF P&Z REVIEW The Applicant received three (3) separate growth management approvals from the Planning and Zoning Commission to change the internal division of space — an Amendment to a Growth Management Development Order, a review for new commercial space, and affordable housing (required because of the request for new commercial space). It should be noted that when affordable housing units are provided on -site, the individual mitigation requirements are not added together for a combined sum. As long as the largest amount of required mitigation of any one growth management request is met, the on -site affordable housing satisfies both requirements. For this application, the largest requirement is generated by the free - market residential development. The changes to internal division of space are outlined below: Approved Project Proposed Project Net Change Affordable Housing 5 1- bedroom units 2 3- bedroom units Decrease of 3 units AH net livable 3,543 sf NLA 2,786 sf NLA Decrease of 757 sf NLA Number of FTEs housed 8.75 FTEs 6 FTEs Decrease of 2.75 FTEs housed Free - Market Housing 5 units 3 units Decrease of 2 units FM net livable 8,369 sf NLA 8,022 sf NLA Decrease of 347 sf NLA Commercial Space 7,890 sf NLA 9,988 sf NLA Increase of 2,098 sf NLA Above Grade 7,890 sf NLA 7,869 sf NLA Decrease of 21 sf NLA Below Grade 0 sf NLA 2,118 sf NLA Increase of 2,118 sf NLA Affordable Housing Mitigation: Page 6 of 10 The Code allows housing provided on -site to simultaneously satisfy both the commercial and free - market FTE housing requirements. The applicant is exceeding the affordable housing requirement by approximately 16 %. Commercial FTE requirements: 5.18 FTE Free Market FTE requirements: 2,406 sf AH net livable (or 6.0 FTEs) FTE housing provided: 2,786 square feet housing 6 FTEs Mechanical Equipment: The Planning and Zoning Commission recommended that the Applicant investigate ways to consolidate the mechanical equipment on the center of the roof, and that, to the greatest extent reasonably possible, the height of the mechanical equipment be limited to five (5) feet above the building height, or to 43 feet. The Applicant has made some changes to the roof design to accommodate these proposed changes. These plans are attached as Exhibit I. Staff has examined these plans and believes they meet the requirements of the land use code. These changes are also incorporated into the dimensional table above. STAFF COMMENTS: PLANNED UNIT DEVELOPMENT: The Applicant is requesting a PUD in order to increase the size of the free - market units beyond 2,000 sf net livable. Staff believes increasing the units beyond 2,000 sq NLA to 2,500 sf NLA with the use of TDRs is acceptable and is consistent with city policies and the current code. However, staff does not believe increasing the unit size beyond this is appropriate. Staff believes this could negatively impact the TDR Program. While it may be worthwhile to explore changes to the TDR Program, staff believes that this should occur at a policy level, not at a project level. Free - Market Unit Size: As noted in the dimensional table, the request to exceed the unit size cap is the only dimensional requirement that is inconsistent with the 2006 Land Use Code. At the time, residential units were not permitted to exceed 2,000 sq ft. of net livable space. This requirement was established in 2006 for two reasons: 1. To encourage density in the downtown and the potential to have more lights on in the city core. Part of the Philosophy under the Economic Sustainability Chapter of the AACP outlines this desire: "Essential to long -term viability is the unique, varied, high quality, and welcoming experience Aspen offers to both residents and a diverse visitor population. They demand a lively, small -scale downtown with diverse and unique shops and varied choices of accommodations, including small lodges." 2. To encourage multiple ownership of buildings in the downtown and maximize multiple uses of a property. At the time there was a concern that people could purchase a downtown building and convert the entire thing to one very large residence. As part of the 2006 — 2007 moratorium, the ability to increase unit sizes from 2,000 sf to 2,500 sf by landing one TDR was added to many zone districts, including the C -1 zone district. This was added to the Land Use Code to help bolster the City's Historic TDR Program. Because this ability was not in the 2006 Land Use Code, a PUD is needed to amend enable the landing of TDRs to increase unit sizes to 2,500 sf. The Applicant is requesting approval of units that are larger than 2,500 sf. Page 7 of 10 Under the 2006 Land Use Code, three free - market units could total 6,000 sf. A PUD could be approved to allow the three units to be 2,500 sf each, for a total of 7,500 sf (this would be consistent with the Code in effect today). The applicant is requesting the three (3) free - market units be increased in size to a total of 8,022 sf (the second floor unit would be 2,527 sf, the third floor units would be 2,658 sf and 2,837 sf). A PUD could be approved to allow the request increase in net livable space — with or without the landing of TDRs (this would not be consistent with the Code in effect today). The Applicant is requesting the larger unit size without the landing of TDRs. Commercial: Free - Market Ratio: The 2006 Code includes a requirement that "The total free- market net livable space shall be no greater than the total above grade space associated with (commercial net leasable space)." Through the Council review process, the application was approved with 479 sf more free - market net livable space than commercial net leasable space.' This discrepancy can be carried forward, but staff recommends memorializing this in the approval. The Applicant is decreasing the discrepancy to 153 sf. In reviewing the PUD portion of the application, Staff believes that the proposal as requested does not meet the applicable standards established in Land Use Code. Staff recommends that a PUD be used to enable each free- market unit to increase in size from 2,000 sf to 2,500 sf through the use of a TDR. In addition, staff recommends that the overall dimensional requirements of the project be consistent with the C -1 zone district in effect in 2006, including the requirement that free- market net livable space be less than the amount of commercial net leasable space. The Planning and Zoning Commission found that the application, as proposed, meets the applicable review criteria and recommends City Council approve the project as proposed REZONING: The Applicant is required to request a Rezoning because of the PUD request. The Rezoning will enable the PUD designation to be added to the Zoning Map. Staff believes increasing the units beyond 2,000 sq NLA to 2,500 sf NLA with the use of TDRs is acceptable and is consistent with city policies and the current code. However, staff does not believe increasing the unit size beyond this is appropriate. Staff believes this could negatively impact the TDR Program. While it may be worthwhile to explore changes to the TDR Program, staff believes that this should occur at a policy level, not at a project level. In reviewing the Rezoning portion of the application, Staff believes that the proposal as requested does not meet the applicable standards established in Land Use Code. The approved Free - Market Net Livable space was 8,369 sf, and the approved Commercial Net Leasable space was 7,890 sf. (8,369 — 7,890 = 479 sf over) 2 The proposed above -grade net leasable space is 7,869 sf 8,022 sf net livable — 7,869 sf net leasable = 153 sf of discrepancy. Approved discrepancy is 479 sf. Page 8 of 10 The Planning and Zoning Commission found that the application, as proposed, meets the applicable review criteria and recommends City Council approve the project as proposed. SUBDIVISION: The Applicant is requesting an amendment to an approved subdivision development order because of the changes to the internal division of space. The units will need to be condominiumized in order to demarcate ownership. Once construction is completed, the developer must file a condominium plat and documents approvable by the Community Development Director. The Applicant has proposed changes to the parking configuration. The proposal provides sixteen (16) spaces, ten (10) more spaces than are required by code. These spaces are both sub -grade in a garage and at grade off the alley. The mitigation numbers are found below. The Applicant is able to retain a deficit of parking if the existing building provides less parking than is required by the code (26.515.010B). On the existing Stage 3 property, there is a deficit of four (4) spaces. Total Parking Provided in New Development: 13 subgrade /garage spaces + 3 surfaces spaces = 16 spaces 16 spaces provided, only 6 required. Provided parking = 10 more than required The Applicant has committed to providing one parking space for each affordable housing unit, which is not a requirement of the Land Use Code. The Parking Department has recommended that more of the off - street parking be designated to the residences than to commercial, but this is not required by the Land Use Code. In reviewing the subdivision portion of the application, Staff believes that the proposal does not meet the applicable subdivision review standards established in Land Use Code because of the requested increase in the amount of net livable space in the free- market residential units. Staff believes the remaining aspects of the application (reducing parking, additional commercial space, elimination of roof deck, etc) meets the requirements of Subdivision. The Planning and Zoning Commission found that the application, as proposed, meets the applicable review criteria and recommends City Council approve the project as proposed. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. STAFF RECOMMENDATION In reviewing the proposal, Staff believes that the request for additional commercial space is consistent with the neighborhood and the land use code. However, staff does not believe the The approved project included 10 vertically stacked parking spaces. While the vertical stacked parking spaces do not count under the code, this would have created a total of 26 spaces. The proposed project eliminates the vertical stacking of cars. Page 9 of 10 request to exceed the unit size cap for residential units is consistent with the neighborhood or the land use code. Staff recommends that the project be approved with the ability to achieve unit sizes of 2,500 sf of net livable space through the use of three (3) TDRs. While the 2006 code limits unit sizes to 2,000 sf of net livable space, a size of 2,500 sf through the use of TDRs is consistent with the code in effect today. In addition, staff recommends that the requirements that the free - market residential net livable ratio be memorialized through this application. P &Z RECOMMENDATION The Planning and Zoning Commission recommended that the application be approved, as submitted by the applicant (ie: approving with conditions, the ability to construct three (3) free - market units totaling 8,022 sf without the use of TDRs, and associated reviews.). The P &Z also requested that the height of the mechanical equipment be limited to 43 feet and that it be located in the center of the building. The applicant has incorporated these changes in Exhibit I. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Ordinance No. fa., Series of 2011, approving with conditions, the Amendment to a Subdivision Development Order, a PUD, and a rezoning to allow three (3) free - market units totaling 8,022 sf without the use of TDRs on the property located at 625 East Main St, on first reading" ATTACHMENTS: EXHIBIT A — Review Criteria EXHIBIT B — Development Review Committee Comments EXHIBIT C - Application dated December 30, 2010 EXHIBIT D— Supplemental Material dated March 1, 2011 EXHIBIT E — Previously Approved Floor Plans (Dated February 12, 2007) Exhibit F — Supplemental Renderings (inserted in Application) Exhibit G — Planning and Zoning Commission Reso 7, Series of 2011 Exhibit 14 — Minutes from Planning & Zoning Commission March 8, 2011 meeting Page 10of10 ORDINANCE NO. 12 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS AN AMENDMENT TO A SUBDIVISION DEVELOPMENT ORDER, PLANNED UNIT DEVELOPMENT, AND REZONING FOR 625 E. MAIN STREET, LOTS E, F, G, EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02204 WHEREAS, the Community Development Department received an application from Aspen Main Street Properties LP, represented by David Johnston Architects, requesting approval of an amendment to a growth management development order, two Growth Management Reviews, an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed -use building consisting of 9,988 sf of net leasable space, two affordable housing residential units, and three free - market residential units; and, WHEREAS, the subject property is zoned C -1 (Commercial); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 8, 2011, the Planning and Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 — 0) vote, approving an amendment to a growth management development order, two Growth Management Reviews for the development of a mixed -use building that includes commercial space, office space, free - market housing, and affordable housing, and recommending that City Council approve with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning for the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, on April 11, 2011 the Aspen City Council approved Ordinance No. 12, Series 2011, on First Reading by a to L -D vote, approving with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning of 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, during a public hearing on February 12, 2007, the Aspen City Council approved Ordinance No. 41, Series 2006, by a three to one (3 -1) vote, approving with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning of 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, Ordinance , Series 2011 Page 1 of 7 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed -use building consisting of two (3) commercial units, one (1) office unit, three (3) free - market residential units, and two (2) deed - restricted affordable housing units on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, and Land Use Code Section 26.445, Planned Unit Development, within 180 days of this approval. requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. The Subdivision Agreement shall also include a commitment to satisfy all conditions of Planning and Zoning Commission Resolution Number 7, Series of 2011 as well as all conditions of this Ordinance. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Dimensional Requirements The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous Supplemental Regulations and with the Commercial (C -1) zone district, in place at the time of land use application submittal in April 2006. Changes subsequent to issuance of a Certificate of Occupancy shall be subject to the Code in place at the time of proposed changes, with the exception of the size of the Free - Market units, and Free - Market Net Livable to Commercial Net Leasable Ratio as outlined in the table below. Ordinance , Series 2011 Page 2 of 7 Dimensional Requirement Proposed Dimensional Requirements Free Market Net Livable Area (NLA): 8,022 sf Above -Grade Commercial Net Leasable Area Free - Market Net Livable to (NLA): 7,869 sf Commercial Net Leasable Ratio The ratio is not met by 153 sf (There is 153 sf more Free - Market NLA than Commercial NLA). Unit A. 2,658 sf Maximum Residential Unit Size (Sq. Unit B. 2,837 sf Ft.) Unit C. 2,527 sf (Total size: 8,022 se The height of the mechanical equipment shall be limited to five (5) feet above the building height, or to a total of 43 feet, and the roof - mounted equipment shall be centered in the building. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P &Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation - stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property will be protected, and that construction parking will not encroach on private property. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape and Grading Plan satisfying the requirements of the Parks, Engineering, and Building Departments g. A stormwater plan Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the regulations pertaining to size and security. Section 6: Sidewalks, Curb, and Gutter The finished floor of the building is approximately 1.3 feet above the top back of curb, it proposes challenges in meeting the department's standards for accessibility and door swing clearance along Main Street. Plans that meet the Engineering Department's standards regarding accessibility must be submitted prior to council approval. Additionally structural soils will be Ordinance , Series 2011 Page required for the sidewalk to improve the growth area for the planting strip. Due to the condition of the curb and gutter that fronts the building, it will need to be replaced prior to CO of the building. All improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housing 1. The mitigation with the two three - bedroom units has been satisfied. The owner shall convey an undivided 1 /10 of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The units are to be ownership units sold through the lottery system after the initial sale, subject to the following conditions: a. The developer shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines). The qualified household must meet the minimum occupancy requirement for the unit (a household of three with at least one dependent as defined in the Guidelines), no higher than a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be adhered to as well. b. Since the project is a mixed commercial /free - market/deed- restricted project, the assessments shall be determined as stated in #2 below and approved by APCHA. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA's approval. 2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free - market unit. 3. The deed - restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. 4. Each Affordable Housing Unit shall be assigned as least one (1) parking space in the sub -grade garage. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure Ordinance , Series 2011 Page 4 of 7 that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 11: Landscaping Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to City Council approval. The trench box or infrastructure for the sidewalk may require the use of new technologies which allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of way. Final layout and numbers of trees will be approved by the Parks and Engineering Departments prior to issuance of building permit. Ordinance , Series 2011 Page 5 of 7 The walkway located on the western property line, and approved in Ordinance 41, Series of 2006, remains a requirement. Section 12: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule. Section 13: Pedestrian Amenity Cash - in - Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a cash -in -lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 10,000 square feet 10% of Lot Area = 1,000 square feet Payment = $50 x 1000 square feet Pedestrian Amenity Cash -in -Lieu = $50,000, Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Parking The Applicant shall provide a minimum of thirteen (13) sub -grade parking spaces to be accessed from the alleyway via a car lift, and three (3) exterior parking spaces to be access from the alleyway. The Applicant shall assign one (1) sub -grade parking space for each Affordable Housing unit. Section 16: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance , Series 2011 Page 6 of 7 Section 18: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 19: A public hearing on this ordinance will be held at 5 PM the 25 day of April 2011 in the City Council Chambers, 130 S. Galena, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 lth day of April, 2011. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2011. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney Ordinance , Series 2011 Page 7 of 7 Exhibit A CHAPTER 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. Staff note: A PUD is being requested to allow for an increase in the size of the free- market units beyond what is allowed under the code. All other dimensional requirements comply with the underlying zoning and are not reviewed through the PUD process. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding The AACP addresses how development should look and feel, but does not address individual unit sizes. The AACP talks about "foster(ing) a well- balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly life - styles, and the mixing of people from different backgrounds." (Managing Growth Goal E, page 19) The Design Quality chapter states, "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the build environment by being contextually appropriate and harmonious without being copies of that which already exists." (Page 43) Stafffinds that the AACP does not directly address unit size. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: Multi family units are consistent in this area. Across the street is the Concept 600 building, which is a multi family building. Residential units are also located directly to the east of the building and across the alley. The residential units at 631 E Main (directly to the east) are approximately 1,200 sq. ft. in size. A single family home across the alley is approximately 4,000 sq. ft., and the recently approved redevelopment at 632 East Hopkins (across the street) includes a free- market unit of 1,999 sf The units in Concept 600 are approximately 950 sf. to 1,200 sf. While multi family residential units are typical in the immediate vicinity and in the neighborhood, units of this size are not typical. Stafffinds that this criterion is not met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Exhibit A, Stage 3 Review Criteria Page 1 of 14 Exhibit A Staff Finding The development of additional multi family units in this area is consistent with existing zoning. However, the size of the units proposed (the second floor unit would be 2,527 sf, the third floor units would be 2,658 sf and 2,837 sf) is inconsistent with the code in effect at the time of original approval as well as the code in effect today. The area includes multi family units, but none are larger than 2,000 sf Staff believes that the free- market units should be allowed to be Z000 sf with the option of increasing to 2,500 sf through the landing of TDRs. Staff finds this criterion is not met by the Applicant 's proposal. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding: The proposed development has received GMQS allotments for 5 free- market residential units. This proposal is to reduce the number of free- market residential units to 3, and includes a request to amend the GMQS Development Order accordingly. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d. Existing and proposed man -made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Exhibit A, Stage 3 Review Criteria Page 2 of 14 Exhibit A Staff All the dimensional standards, with the exception of the requested size of the 3 free- market residential units, are consistent with the land use code in effect at the time of original approval. The above referenced influences do not impact the proposal. Staff finds this standard not applicable. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The PUD request affects the internal division of space and does not affect open space and site coverage. Staff finds this standard not applicable. 3. The appropriate number of off - street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non - residential land uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding.. The PUD request is only to vary the allowable size of the free- market residential units and is not requested to vary the parking requirements. The proposed amount of parking is consistent with the underlying zoning requirements. Staff finds this standard not applicable. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. Staff Finding.: Sufficient infrastructure exists to service the development with its approved density of 5 free - market units and five affordable units. Staff finds that this standard is not applicable. Exhibit A, Stage 3 Review Criteria Page 3 of 14 Exhibit A 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: Natural hazards are not present that would provide a basis for a reduction in the approved density. Stafffinds that this standard is not applicable. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated. c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Findingj The applicant is proposing reduce the approved density on the site. Staff finds this standard not applicable. Exhibit A, Stage 3 Review Criteria Page 4 of 14 Exhibit A C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man -made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non - residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding• As noted earlier, the application request interior changes to a building and does not affect public spaces, manmade and natural features, etc. Stafffinds this standard not applicable. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man -made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Exhibit A, Stage 3 Review Criteria Page 5 of 14 Exhibit A Staff Finding.: This standard is not applicable as landscaping is not affected by this request. E. Architectural Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less- intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. StaffFindin This standard is not applicable as the existing architectural character is not affected by this application. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up- lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding_ This standard is not applicable as the proposed lighting is not affected by this application. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Exhibit A, Stage 3 Review Criteria Page 6 of 14 Exhibit A 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding :: This standard is not applicable as the existing undeveloped land is not affected by this application. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: The Applicant is proposing to enlarge the approved 5 units by reducing the number of units to 3. Utilities are available to service the approved 5 units or the requested 3 units. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Exhibit A, Stage 3 Review Criteria Page 7 of 14 Exhibit A 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding :: As a proposal to merge the approved units, circulation and access are not affected. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. StaffFindinQ_ This standard is not applicable to the review of the request. Exhibit A, Stage 3 Review Criteria Page 8 of 14 Exhibit A CHAPTER 26.310, AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP Sec. 26.310.040.Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding The proposed development is in compliance with all the C -1 zone district requirements, with the exception of the size of the free - market residential units. The units exceed the individual unit size cap, and there is more free - market residential net livable than there is commercial net leasable, which is inconsistent with the C -1 zone district. The proposal meets all other land use regulations. Staff finds this criterion is not met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding The project provides affordable housing within the city limits which meets one of the AACP's housing goals. It also contains new development within the Urban Growth Boundary which is a goal of the managing growth section of the AACP. The project promotes the AACP's goals with regards to transportation by developing a building that supports the opportunity for choice in travel modes - transit, walking, and bicycling — and that will help create a more friendly pedestrian experience by providing interest at the street level and improved sidewalk and streetscape amenities. The project is consistent with the Economic Sustainability goals of the AACP by providing needed office space which will provide opportunities for Aspen's professional community. The project is consistent with the Parks and Open Space section of the AACP as it will include improvements along sidewalks on East Main and will pay a Park Development Impact Fee. Staff finds that the overall project is consistent with the AACP, but that the AACP is silent with regard to unit size. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Multi- family units are consistent in this area. Across the street is the Concept 600 building, which is a multi - family building. Residential units are also located directly to the east of the building and across the alley. The residential units at 631 E Main (directly to the east) are approximately 1,200 sq. ft. in size. A single family home across the alley is approximately 4,000 sq. ft., and the recently approved redevelopment at 632 East Hopkins (across the street) includes a free - market unit of 1,999 sf. The units in Concept 600 are approximately 950 sf. to 1,200 sf. While multi - family residential units are typical in the immediate vicinity and in the neighborhood, units of this size are not typical. Staff finds that this criterion is not met. Exhibit A, Stage 3 Review Criteria Page 9 of 14 Exhibit A D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposal is to decrease the number of units in the building, which is likely to reduce traffic generation. Staff finds this criterion is met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: There are sufficient public facilities to serve the development. Staff finds this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: The application is for a previously developed parcel in the downtown. There are no environmental constraints on the property that would prohibit development or be exacerbated by development. Staff finds this criterion is met. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding: While multi - family residential units are typical in the immediate vicinity and in the neighborhood, units of this size are not typical. In addition, if TDRs are used to achieve the requested unit size staff believes it could undermine the viability of the TDR Program. (Staff is in favor of allowing TDRs to increase the size of the units to 2,500 sf, as it is consistent with the City's TDR policy). Staff finds that this criterion is not met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: There have been no changes in the neighborhood since the original approval. While the project itself has stalled, and it would be a benefit to have it started again, staff does not believe this warrants the request to exceed the unit size caps. Staff finds this criterion is not met. L Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding:: Staff believes it would be a conflict of public interest to enable the increase of unit sizes beyond 2,000 sf (or 2,500 sf with a TDR). The units exceed the individual unit size cap, and there is Exhibit A, Stage 3 Review Criteria Page 10 of 14 Exhibit A more free- market residential net livable than there is commercial net leasable, which is inconsistent with the C -1 zone district. Staff finds this criterion is not met. Exhibit A, Stage 3 Review Criteria Page 11 of 14 Exhibit A CHAPTER 26.480, SUBDIVISION REVIEW Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The project provides affordable housing within the city limits which meets one of the AACP's housing goals. It also contains new development within the Urban Growth Boundary which is a goal of the managing growth section of the AACP. The project promotes the AACP's goals with regards to transportation by developing a building that supports the opportunity for choice in travel modes - transit, walking, and bicycling — and that will help create a more friendly pedestrian experience by providing interest at the street level and improved sidewalk and streetscape amenities. The project is consistent with the Economic Sustainability goals of the AACP by providing needed office space which will provide opportunities for Aspen's professional community. The project is consistent with the Parks and Open Space section of the AACP as it will include improvements along sidewalks on East Main and will pay a Park Development Impact Fee. Staff finds that the overall project is consistent with the AACP, but that the AACP is silent with regard to unit size. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding Multi- family units are consistent in this area. Across the street is the Concept 600 building, which is a multi - family building. Residential units are also located directly to the east of the building and across the alley. The residential units at 631 E Main (directly to the east) are approximately 1,200 sq. ft. in size. A single family home across the alley is approximately 4,000 sq. ft., and the recently approved redevelopment at 632 East Hopkins (across the street) includes a free - market unit of 1,999 sf. The units in Concept 600 are approximately 950 sf. to 1,200 sf. While multi- family residential units are typical in the immediate vicinity and in the neighborhood, units of this size are not typical. Staff finds that this criterion is not met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding The surrounding properties are close to fully developed. Additionally, the development meets all the requirements of the C -1 zone district with the exception of the unit size. Staff believes increasing the unit sizes beyond 2,500 sf (with the use of a TDR) could negatively impact the City's TDR program and could set a precedent that any time a development claims they need larger units it will be granted. While changes to the TDR program may be warranted, those should be discussed at a policy level, not based on an individual project. Staff finds this criterion is not met. Exhibit A, Stage 3 Review Criteria Page 12 of 14 Exhibit A d The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with all the C -1 zone district requirements, with the exception of the size of the free - market residential units. The units exceed the individual unit size cap, and there is more free - market residential net livable than there is commercial net leasable, which is inconsistent with the C -1 zone district. The proposal meets all other land use regulations. Staff finds this criterion in not met. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding Staff finds that the property is suitable for subdivision. The site has an approved development and is partially developed. The site contains no overly steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. Therefore, Staff finds this criterion to be met. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Staff finds that the property is suitable for subdivision. Staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Exhibit A, Stage 3 Review Criteria Page 13 of 14 Exhibit A Staff Finding The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant is providing affordable housing units as required by the Land Use Code and meets the affordable housing review standards of the GMQS system. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash -in -lieu of providing land, which will be paid prior to building permit issuance. Thus, staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH -PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44 -2001, § 2) Staff Finding: The proposed development has received GMQS allotments for 5 free - market residential units. This proposal is to reduce the number of free - market residential units to 3, and includes a request to amend the GMQS Development Order accordingly. The proposed development has been granted 7,890 sf of commercial allotments, and is requesting an additional 2,097 sf. The allotments are available from the 2006 growth management year. Staff finds this criterion to be met. Exhibit A, Stage 3 Review Criteria Page 14 of 14 Exhibit B Development Review Committee (DRC) Comments 625 E Main Street (Stage 3) redevelopment Engineering Department Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Drainage: The original approvals for Stage 3 included a green roof. The current proposal removes the green roof from the plan. The removal of this roof affects the not only the quality of the stormwater leaving the site but the quantity. To mitigate these impacts, the applicant must complete a drainage plan and report in accordance with the City's Urban Runoff Management Plan. The Engineering Dept, recommends that the Drainage Plan that meet the above requirements be approved prior to final plat or building permit submittal whichever comes first. Sidewalk and Curb and Gutter: Since the finished floor of the building is approximately 1.3 feet above the top back of curb, it proposes challenges in meeting the department's standards for accessibility and door swing clearance along Main Street. Plans that meet the dept standards must be submitted prior to council approval. Additionally structural soils will be required for the sidewalk to improve the growth area for the planting strip. Due to the condition of the curb and gutter that fronts the building, it will need to be replaced prior to CO of the building. Miscellaneous Construction Management — A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. Because this building is located in the commercial core, the encroachments that will be allowed will be limited to the off season, the dept recommends that the site use a tower crane to minimize the amount of encroachments. System Development Fee —The system development fee is $2.88 per square foot of impervious area. The fee is assessed against the total impervious area of the development, not simply the increased impervious area. Exhibit B, DRC Comments Page 1 of 4 Exhibit B Fire Department Comments 1. The building will be required to have an NFPA 13 sprinkler system designed for the occupancy as well as a monitored fire alarm system meeting NFPA 72 requirements and our local amendments. We will be applying the 2009 edition of both of those codes to this project. 2. Further information regarding the parking structure is required. We would ask to meet with the developer to discuss access, ventilation, storage, sprinkler requirements, carbon monoxide detection/mitigation, etc. on that part of the project. Parks Department Comments 1. Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to City Council approval. The trench box or infrastructure for the sidewalk may require the use of new technologies which allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of way. Final layout and numbers of trees will be approved by the Parks and Engineering Departments. Parking Department Comments We would recommend that more of the off - street parking be designated to the residences than to commercial. Currently the residences have only half of available off - street parking spaces. No units in this development qualify for residential parking permits. Housing Comments The Housing Board reviewed the application at their regular meeting held February 16, 2011 and recommended approval of the application with the following conditions: 1. The mitigation with the two three - bedroom units has been satisfied. The units are to be ownership units sold through the lottery system after the initial sale. The additional conditions stated below shall apply: a. The developer shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines). The qualified household must meet the minimum occupancy requirement Exhibit B, DRC Comments Page 2 of 4 Exhibit B for the unit (a household of three with at least one dependent as defined in the Guidelines), no higher than a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be adhered to as well. b. Since the project is a mixed commercial /free - market/deed- restricted project, the assessments shall be determined as stated in #2 below and approved by APCHA. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA's approval. 2. Research shall be done with lending institutions as to how the homeowners' association should be established such that the association documents do not prevent buyers of the deed - restricted units from qualifying for conventional financing, though APCHA acknowledges that Fannie Mae and Freddie Mac eligibility requirements may make conventional financing unavailable for reasons beyond the developer's control. The HOA shall be established based on lending practices and/or the governing documents will reflect the project as a mixed commercial/free- market/deed- restricted project. The assessments shall be based on the differential between the price values of the free - market component compared to the deed - restricted component. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA's approval. Voting rights shall be based on one vote per unit. 3. A capital reserve study shall be completed by the developer. 4. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free - market unit. 5. The deed - restriction shall be recorded at the time of recordation of the Condo Plat and prior to Certificate of Occupancy. Aspen Consolidated Sanitation District (ACSD) Comments Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Exhibit B, DRC Comments Page 3 of 4 • Exhibit B Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Exhibit B, DRC Comments Page 4 of 4 DIA PLANNING + DEVELOPMENT NO. 01 DATE March 1, 2011 BY Adam Roy TO Jessica Garrow, City of Aspen Community Development CC Jeff Cardot PROJECT 625 East Main Street SUBJECT Amendment to the GMQS portion of the Land Use Application dated 12/30/2010 Dear Jessica: This memorandum is intended to serve as an amendment to the GMQS portion of the Land Use Application dated and submitted on December 30, 2010, for the project at 625 East Main Street. The application states that "[t]his proposal qualifies as a minor expansion of a mixed -use development because it involves an increase in commercial space of less than two hundred fifty (250) square feet and does not involve any new residential units (See Section 26.470.060(5) of the Code)." This qualification was based on a calculation in which the newly proposed net leasable commercial area of 9,988 sq. ft. is less than two hundred fifty (250) sq. ft. more than the stated approved amount of 9,766 sq. ft., or a difference of 222 sq. ft. It has since been determined that the actual amount of net leasable commercial floor area currently entitled to the property is 7,890 sq. ft. Therefore, the additional net leasable area being requested through this Land Use Application is 2,098 sq. ft., the result of which requires the proposed changes to the commercial portion of the project to meet the standards of Section 26.470.040.C.2, Expansion /New Commercial, Lodge, or Mixed Use Development, of the 2006 City of Aspen Land Use Code (the "Code "). The following section addresses each of the requirements of this area of the Code. Section 26.470.040.C.2. Expansion /New Commercial, Lodge, or Mixed Use Development. The expansion of an existing commercial, lodge, or mixed -use building or the development of a new commercial, lodge, or mixed -use development shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the expansion, pursuant to Section 26.470.030.D, Annual Development Allotments. In 2006, 30,000 square feet of commercial net leasable space was available in the CMQS allotment pool. The approved project extinguished 767 sq. ft. of these allotments, which is the difference between the total approved net leasable area of 7,890 square feet and the credit for the existing 7,123 sq. ft. of net leasable area. With the current proposal containing a total net leasable • DJA PLANNING + DEVELOPMENT • NO 01 PROJECT 625 East Main St SUBJECT GMGS Amendment area of 9,988 square feet, the net increase of allotments and the amount being requested from the 2006 pool is 2,098 sq. ft. (9,988 - 7,890 = 2,098). The increased commercial space is a result of the conversion of approved subgrade storage space into leasable commercial space. The free - market residential allotments already extinguished through the 2006 approvals are more than sufficient since residential allotments are based upon the number of units and not the floor area of the units. The number of residential units approved is five (5), while the new proposal only requests three (3), resulting in two (2) unit - allotments to be reabsorbed into the 2006 free - market residential allotment pool. b) The proposed development is consistent with the Aspen Area Community Plan. The current application demonstrates that the project proposal is consistent with the AACP. c) Sixty (60) percent of the employees generated by the additional commercial /lodge development, according to Section 26.470.050.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash -in -lieu thereof. Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Mitigation for Free- Market units within a mixed -use project shall be pursuant to Section 26.470.040.C.6 - Free- Market Residential Units within a Mixed -Use Project. The current application demonstrates that this requirement of the Code has been satisfied by the proposed changes to the approved project. This amendment does request additional net leasable area to be approved beyond what is currently entitled, however the total amount represented in the current application is accurate and the calculations for Employee Generation Rates are not affected by this amendment. In summary, 5.18 FTEs are generated from the commercial portion of the proposed project, while 6.0 FTEs are generated from the residential component. Because mitigation is being accommodated through the provision of on -site affordable housing units, "the same on -site affordable housing may also be used to satisfy any other affordable housing requirement concurrently" (Section 26.470.050.A.5 of the 2006 Code). With a proposed affordable- housing floor area of 2,786 sq. ft. between two (2) three - bedroom units, the required 2,406 sq. ft. of floor area is exceeded by sixteen (16) percent, which is equal to thirty -five (35) percent of the proposed free - market floor area. Table 1 below identifies the project's free - market and commercial employee generation rates. Page 12 DIA PLANNING.. DEVELOPMENT NO 01 PROJECT 625 East Main St SUBJECT GMQS Amendment Table 1: Employee Generation Rates for Commercial and Free- Market Residential Uses Existing Net Leasable Commerical Area Calculations Area (s.f.) Existing Basement Level Net Leasable Commercial Area 0 Existing Main Level Net Leasable Commercial Area 6,150 Existing Second Level Net Leasable Commercial Area 973 Existing Third Level Net Leasable Commercial Area 0 Existing Net Leasable Area 7,123 Proposed Net Leasable Commerical Area Calculations Area (s.f.) Proposed Basement Net Leasable Area 2,118 Proposed Main Level Net Leasable Area 5,973 Proposed Second Level Net Leasable Area 1,896 Proposed Third Level Net Leasable Area 0 Proposed Net Leasable Commercial Area 9,988 Additional Net Leasable Commerical Area Calculations Area (s.f.) Additional Basement Level Net Leasable Area 2118 Additional Main Level Net Leasable Area (177) Additional Second Level Net Leasable Area 923 Additional Third Level Net Leasable Area 0 Proposed Additonal Net Leasable Area 2,865 Free Market Residential Floor Area Area (s.f.) Existing Free Market Residential Floor Area 0 Proposed Free Market Residential Gross Floor Area 8,022 Total Additonal Net Livable Free Market Floor Area 8,022 Affordable Housing Calculations Area (s.f.) Required AFH @ 30% of Free Market Residential 2,406 Number of FTEs to be mitigated for FM Residential @ 1 per 400 sf 6.0 Number of FTEs generated @ 4.1 / 1000 sq. ft. in C -1 zone district 8.6 60% of FTEs Generated by new Net Leasable Commercial 5.2 Cumulative FTEs Generated 11.2 Total FTEs Required per Section 26.470.050.A.5 of the 2006 Land Use Code 6.0 Page 13 D)A PLANNING + DEVELOPMENT NO 01 PROJECT 625 East Maio. St SUBJECT GMQS Amendment d) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project Public infrastructure /ncludes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protect /on, solid waste disposal, parking, and road and transit services. As stated in the current land use application, the proposed changes to the approved project and the entitlements provided through the development order reduce the density of the project and therefore, will reduce demand on public infrastructure. Please let me know if you have any questions or need any clarifications. Sincerely, A Adam Adam C. Roy Page 14 'N'N\N. \ \'*\‘ \:"\\\ <\\N\;\ ''''' \''\‘ \ C\ N\ \\ \\\\\; 1 :\\N:: \ : ' , \'' \\ N k '' '' \ t : ''' \ \' \ \\N : \ *N\ \\*\\*\\ .\''';\ AU,7/0 vvv ``` ` , y�� -\ \vV . vv T \�`y A\ y�\ �� 3 v* V � \ \AN\\ v \ � N \\ \ \N-..\\:-;\ . � VA S \ ,A v w � . A \�\ A \ \\ y � A \ S ` A �A� e��. AVA ` \ \ � li NN: \ \ \ \ \ ' \ 1 \ \\ \\N \\ . \\ N \ \\\;' .A ��AV V A ® _ ://g i G ' II IB - s o# 11 � ` =11*--„, I z \ v I 1 1 v / v J 1 11 2 '5 4 I5 6 5 G 10 I BASEMENT LEVEL 2 - 12 - 01 In6" STORAGE STORAGE = 2,512 s.f. TOTAL FAR =0 s.f. each TOTAL NET LEASABLE =0 s.f. each TOTAL NET LIVABLE =0 s.f. each 625 EAST MAIN REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS C ■ www.cunniffe.com 610 FAST I k0N AVE •• ASPEN, m 01611 • IRE 9719255590 • FAX 9711410.1557 CA 625 EAST MAIN STREET ASPEN. COLORADO .sm wn m_srz x • s,F.+uwr Sruuls m eow,ar:9ro67zm+o • ru 9mex;mm k \ /� //� \VvvAv 2N ¢ Y 's \\,,:.,,,,,,,„,,,. ,. fps, / / A` \VAAAA AAAVA A A3 11 112, j/ / / \ / /// , l\ \ \ \ \� \ : \ \ \\ \ \ \ \ \ \ \ \\ F RS V A V AA VA \\ �° �/ / sam am \\N-`,\:\ VA A aa . a L� F vAA v A i /� ? �b� �� \ :, v v vA�A�A \VA \ \*AA -/� VA \V A v AA \ v C I / 1 5 / a / s ) . . , . 11,Zil >> di 1°\ \ \‘ \' 4 t t \ \ \ \ / Q \ \�\ \ \ ice 7 9 \ N\ \\\\\ \ ....1 4. i �, 4 — _- - - - - -- STREET LEVEL 2 - 12 - 01 1 /16n COMMERCIAL FAR NET (INTERIOR) NET LEASABLE COMMERCIAL A = 3,IG1 s.f. = 5,040 s.f. x ( *(90 %) = 2,136 s.f COMMERCIAL 8 = 3,631 s.f. = 3,412 s.f. x ( *q0 %) = 3,125 s.F. CIRCULATION = 1,566 s.F. COMMERCIAL TOTALS = 8,3g4 s.f. = 6,512 s.f. = 5,861 s.f. ( *W10% COMMERCIAL EFFICIENCY FACTOR) 625 EAST MAIN REDEVELOPMENT ASPEN COLORADO CHARLES CUNNIFFE ARCHITECTS /'� www.cunniffe.com l 625 EAST MAIN STREET 610 on ,rc,.w•+ AYE ,sm+, m 51611 51611 • rtu: 970925-5690 o FAX 970920-9 5S7 CA . .s 1 nve wore m. sn ,m s.w.ewr S02MC m ewer • me smen -usm - r.0 sriroawsm 11; I se 1s' f' � 7 7 / / : / / /,% „////////<>1/4<<,:,, - 1 s F / / / //: / / / /// / /// , � A NN'; > / / / // ' //. /. �/ � A . Ii f ' ' ' / 7/ -2 / / /�/ //////7%/2 ` ivy VA V, 7 7/7/ / ./ / 7 / / / // / / -` y ///////�/ //7/// . V ', i t - MI , / / / / /% //% %ii / % scormsti y . \ !\ c,,\,\:\,\\„ \\ ,, , \ � _ „,,,/,/,,„;...././ /, �� ic 1 \ _. _,� I ii F spem / i /� // 7 / 1 maim � .•.� . ,,., v. • x ,� ••', / '' -E�� Ins rem i n — _ _ _ C —� � �� ..n O - eiwri�mmrn= ∎ilt r a �Ci� ..■. nib =ii= m mil �a.a�. ��� ��� L Cam I . r - - -- , . .. . L.-- .., ' z tver -__ SECOND LEVEL 2 - 12 - o-r 1/16” FREE MARKET FAR NET LIVABLE DECKS ("40% OFFICE EFFICIENCY FACTOR) UNIT E = 1,645 s.f. = 1,510 s.f. = 504 s.F. CIRCULATION = 252 s.f. F.M. TOTAL = 1,641 s.f. = 1,510 s.f. = 504 s.f A.H.V. FAR NET LIVABLE UNIT = 755 s.f. r UNIT 2 3 = 100 s. f. CIRCULATION = 1,200 s.f. PRO - RATED FAR UNIT 3 , 081 5 f . = 7700 s.P. o UNIT 4 J = S61 s.f. FREE MARKET = 1,5770 s.f. 21 6 = 252 s. UNIT 5 = 162 s.f. 104 s.F. I A.H.U. = 3543 s.F. 4S% = 52156f 2 CIRCULATION = 5776 s.f. OFFICE = 2,254 s. 51% = 512 s.f. A.H.U. TOTALS = 4,425 s.f. = 5,545 s.f. TOTAL = 1,361 s.f. = 1,200 s.f. OFFICE FAR NET (INTERIOR) NET LEASABLE DECKS /� ■ OFFICE = 2,515 s.f. = 2,254 s.F x ( "40%) = 2,024 s.f = 84 } ■�./� s CIRCULATION = 312 s.f. CA = 2,02 s.f = 84 s.f. OFFICE TOTAL = 2,150 s.f. = 2,254 s.F. . � v VA r \� , .3 � 5 sre \:- 1 3 � q s 1.--ii' I % / /� // j / II i / / �/ / / � � i;11-1::'-iii I / I 1 1 11 I I /��� // / ;, \�''` n A� � 1 � 1 1 - // / :/ /�%' / / 1 V n. : AA V A1A 7 ° 1� l /// / /// i / / / /// !I /a // / L� yN/ vi l,K1* V A� 1 111 1 1 [ I i 1II / / �/24 / / // / / � j a � � � v *: : I I 1 i III � �/ y % � / � /j / / / / /�� / � � ',///,, `� � A ., � \ i , I / {/ �yy '' �� //yy XX��CC 1 1 I 11 1 1 1 iii- %V'� � � 7 �� K �� V� A A ;A'N N N 1 V I I 1 �I , / j, 1 j / /4 1 j / / / / /// ®# F y n Y \ \ \\ \ ,\ \ \` \\ at. / / i % / �/ W > "- >' vvV N \n n 4 , 1, i/ /� //// / /�� ? x ," .. . :-* \\ N �VAA n� a _ _ _ _ I ' 4 711 \\ X11•; . �� V- \- , \N� in/ / /� // 1 y J / / G / - 1 I : ' w M"��: ' / /' "'' // / / � / / it V .% / % / 1 ∎ / / / „r���� 1 1 �I � \ ,,,,/ - - / / / /// / 1 1 1 THIRD LEVEL 2 - 12 - 01 In6° FREE MARKET FAR NET LIVABLE DECK AREA UNIT A = 2,5 .f°64 .f. = 33G s.f. UNIT B = 2, ss.f. . = I = I,G2 s = 357 s.f. UNIT G = 866 s.f = ,7 f 1 s.f. UNIT D = 33G s.f. = 215 s.f. I = ,131 s.f. = 244 s.f. CIRCULATION = SOS s.f. F.M. TOTALS = 7°61 s.f. = S,7 s.f. = 1,276 s.f. 625 EAST MAIN REDEVELOPMENT CHARLES CUNNIF 625 EAST MAIN STREET sm nxz crne m -sh tm ztcweoAt zmucz.co rows me smersmsv • rax: sm e1 ASPEN. COLORADO _, — .-n 7 _ 1 { IJ ! °` I ,! L I innentor RN 1. o 105M6 a WWI a MUM °. I y 111•71 fa, n.I I. — —71_ 0 ROOF FLAN 2 - 12 - 01 1/16" FREE MARKET ROOF DECK AREAS COMMON ROOF DECK = 1,244 s.f. CIRCULATION = 371 s.f. SECOND LEVEL DECKS = 444 s.f. THIRD LEVEL DECKS = 1,21c1 s.f. BUILDING DECK TOTAL = 3,338 s.f. *4,500 TOTAL ALLOWED DECK AREA 625 EAST MAIN REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS /� ■ www.cunniffe.com (`+� 625 EAST MAIN STREET 610 FAST H0MAN AVE. • ASPEN, CO mmi • rzu:976ms5590 • FAX: 970150+557 CA _- - - ...... -. ASPEN. COLORADO TO 1191 caow 60..7x. HE • SUMW.i 9916rs.m HAT • rf5-n0enossu • FM( 9704371 - xhibit Ca Resolution #7 - 11 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO A GROWTH MANAGEMENT DEVELOPMENT ORDER, TWO GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS AN AMENDMENT TO A SUBDIVISION DEVELOPMENT ORDER, PLANNED UNIT DEVELOPMENT, AND REZONING FOR 625 E. MAIN STREET, LOTS E, F, G, EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02204 WHEREAS, the Community Development Department received an application from Aspen Main Street Properties LP, represented by David Johnston Architects, requesting approval of an amendment to a growth management development order, two Growth Management Reviews, an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed -use building consisting of 9,988 sf of net leasable space, two affordable housing residential units, and three free - market residential units; and, WHEREAS, the subject property is zoned C -1 (Commercial); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 8, 2011, the Planning and Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 — 0) vote, approving an amendment to a growth management development order, two Growth Management Reviews for the development of a mixed -use building that includes commercial space, office space, free - market housing, and affordable housing, and recommending that City Council approve with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning for the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. RECEPTION#: 578389, 03/16/2011 at Reso 7, Series 2011 03:41:03 PM, Page 1 of 7 1 OF 7, R 541.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Section 26 of' the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions an Amendment of a Growth Management Development Order; a Commercial Growth Management Review; and a Growth Management Review for the development of affordable housing to construct a mixed - use building consisting of two (3) commercial units, one (1) office unit, three (3) free - market residential units, and two (2) deed - restricted affordable housing units on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council grant an Amendment to a Subdivision Development Order, a PUD, and a rezoning and that, should City Council grant said approvals approval, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Dimensional Requirements The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous Supplemental Regulations and with the Commercial (C -1) zone district, in place at the time of land use application submittal in April 2006. Changes subsequent to issuance of a Certificate of Occupancy shall be subject to the Code in place at the time of proposed changes, with the exception of the size of the Free - Market units, and Free - Market Net Livable to Commercial Net Leasable Ratio as outlined in the table below. The Planning and Zoning Commission recommends that the three free - market residential units total 8,022 sf of net livable area. Dimensional Requirement Proposed Dimensional Requirements Free Market Net Livable Area (NLA): 8,022 sf Above -Grade Commercial Net Leasable Area Free - Market Net Livable to (NLA): 7,869 sf Commercial Net Leasable Ratio The ratio is not met by 153 sf (There is 153 sf more Free - Market NLA than Commercial NLA). Unit A. 2,658 sf Maximum Residential Unit Size (Sq. Unit B. 2,837 sf Ft.) Unit C. 2,527 sf (Total size: 8,022 sf) Reso 7, Series 2011 Page 2 of 7 In addition, the Planning and Zoning Commission recommends that the Applicant present a roof- top mechanical equipment plan to City Council as part of their PUD, Re- zoning, and Subdivision Amendment Review. The Planning and Zoning Commission recommends that, to the greatest extent reasonably possible, the height of the mechanical equipment be limited to five (5) feet above the building height, or to a total of 43 feet, and that the roof - mounted equipment be centered in the building. Section 3: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council grant an Amendment to a Subdivision Development Order, a PUD, and a rezoning and that, should City Council grant said approvals approval, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P &Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation - stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property will be protected, and that construction parking will not encroach on private property. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape Plan Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the regulations pertaining to size and security. Section 6: Sidewalks, Curb, and Gutter The finished floor of the building is approximately 1.3 feet above the top back of curb, it proposes challenges in meeting the department's standards for accessibility and door swing clearance along Main Street. Plans that meet the Engineering Department's standards regarding accessibility must be submitted prior to council approval. Additionally structural soils will be required for the sidewalk to improve the growth area for the planting strip. Due to the condition of the curb and gutter that fronts the building, it will need to be replaced prior to CO of the building. Reso 7, Series 2011 Page 3 of 7 All improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housing 1. The mitigation with the two three -bedroom units has been satisfied. The owner shall convey an undivided 1/I O of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The units are to be ownership units sold through the lottery system after the initial sale, subject to the following conditions: a. The developer shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction at a Category 4 bit sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines). The qualified household must meet the minimum occupancy requirement for the unit (a household of three with at least one dependent as defined in the Guidelines), no higher than a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be adhered to as well. b. Since the project is a mixed commercial/free - market/deed- restricted project, the assessments shall be determined as stated in #2 below and approved by APCHA. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA's approval. 2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free - market unit. 3. The deed - restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. 4. Each Affordable Housing Unit shall be assigned as least one (1) parking space in the sub -grade garage. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Reso 7, Series 2011 Page 4 of 7 On -site utility plans require approval by ACSD. Oil and Grease interceutors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 11: Landscaping Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to City Council approval. The trench box or infrastructure for the sidewalk may require the use of new technologies which allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of way. Final layout and numbers of trees will be approved by the Parks and Engineering Departments prior to issuance of building permit. The walkway located on the westem property line, and approved in Ordinance 41, Series of 2006, remains a requirement. Reso 7, Series 2011 Page 5 of 7 Section 12: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule. Section 13: Pedestrian Amenity Cash -in -Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a cash -in -lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 10,000 square feet 10% of Lot Area = 1,000 square feet Payment = $50 x 1000 square feet Pedestrian Amenity Cash -in -Lieu = $50,000, Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 16: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 17: If any section, subsection, sentence, clause, phrase, or portion of' this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 8th day of March, 2010. Reso 7, Series 2011 Page 6 of 7 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ity Attorney Stan Gibbs, Chair ATTEST: ackie Lothian, Deputy City Clerk Reso 7, Series 2011 Page 7 of 7 Exbi%ok H City Planning & Zoning Meeting — Minutes — March 08, 2011 sense the code was overly biased against modern design; it doesn't mean that you can't do a modern design and meet the code; there were other statements made that there were site specific constraints. Gibbs said we have heard enough given this design; we could make them change it but what we see here and the effort they have made to comply; is this were sitting with a bunch of Victorians that would be different than the eclectic neighborhood. Gibbs said he would approve both variances. Myrin said it is too much building for the site that is here; if the building was half the size or without a garage a lot could be accomplished. Myrin said there was nothing that talks about the building must fill the entire site or max out the FAR or must have a garage; it would be appropriate on a larger lot. Myrin said from what the code said he didn't see what staff recommended was the denial on the front door. PUBLIC HEARING: 625 E Main St — (Stage 3) PUD Stan Gibbs opened the public hearing for 625 East Main Street, Planned Unit Development. Jessica Garrow said the building was commonly known as the Stage 3 Building and Jeff Cardot, the new owner and Adam Roy with David Johnston Architects were present. There are 6 reviews in front Planning & Zoning Commission and they are to amend the Growth Management new review for the Free - market, Affordable Housing and Mixed Use Development; recommendations to City Council on the Amendment of Subdivision, Planned Unit Development and Rezoning. Garrow said this project was approved in 2007 and is vested and being reviewed under the 2006 code. The proposal is to amend the internal make up of the building and decreased in size by about 19% and rooftop deck and green roof have been eliminated. Garrow said by eliminating the rooftop deck the full height access stairs and elevator can be removed from the roof. The garage will have 13 parking spots in the basement and 3 on the outside of the building; the storage space in the basement is being converted to the Commercial Use of 2,118 square feet. There changes on the first floor have slightly more space; the second floor has a slight increase of office space. Instead of having 5 free - market units there are 3 two bedroom units; the density of the project is increasing. Staff is recommending approval of the Growth Management requests for the net increase in commercial square footage and the amendment for the Growth Management in order to decrease the density of the project and the use mix proposed. Garrow said the applicant has requested a PUD in order to enable the net livable space in those free - market units. So in 2006 there was an emergency ordinance 6 City Planning & Zoning Meeting — Minutes — March 08, 2011 passed that limited all commercial zone districts to 2,000 square feet net livable for each free - market unit; that was passed for 2 reasons. Garrow said the first was density and lights on community in the downtown and the second reason was to encourage multiple ownership of buildings and maximize multiple uses in the building; there was a concern at the time that someone would be able to just buy a building and convert it to one very large residence. There is still a 2,000 square foot cap but now you can exceed that and go up to 2500 square feet with the landing of a TDR; that was done partially to bolster the TDR program and to help incentivize the use of TDRs. Garrow said the applicant is requesting the 3 free - market units and the unit sizes they are requesting are 2,527, 2,658 and 2,837 net livable square feet; they all exceed the 2500 that is allowed under today's code. Staff is recommending approval of the project with units capped at 2,000 square feet with the ability to reach 2500 with a TDR. The projects in the vicinity of this all have around 2,000 square feet of net leasable space. Garrow said there is this commercial to free - market ratio that was in the code in 2006 but at the Council table a lot of changes were happening so there is a discrepancy between net leasable and commercial. Garrow said the new proposal has 153 square feet more net livable than there is in commercial space and staff recommends that be memorialized in the PUD. There were 4 motions on page 10 and 11 of the memo and the final motion is what the applicant was requesting, which is the approval to build the 3 free - market units totaling 8,022 square feet without the use of TDRs and they are requesting to do that through the PUD process. Garrow entered into the record some letters that all were in favor of the project from Junee Kirk, Philip Rothblum and Jurine Biers. Bert Myrin said that this was opening a PUD process. Jessica Garrow said there are PUD criteria in the packet page 18. Cliff Weiss asked about cash -in -lieu for the public amenity space was for 1,000.00 square foot and they have completely eliminated all of the public amenity space. Garrow replied that the public amenity space has changed so they are required to pay the fee. Stan Gibbs asked where the current application was exceeding the original approval in a negative sense relative to the code. Jessica Garrow replied the size of 7 City Planning & Zoning Meeting — Minutes — March 08, 2011 the overall building has gone down; the only difference is the size of the free - market units. Gibbs said that was all internal. Garrow stated the overall project went from accumulative floor area 2.54:1 and it is now 2.36:1. Gibbs asked what the original free - market space was; he came up with 8,369 from the table on page 5. Garrow said the original approved free - market space was 8,369 square feet and today the net livable space has decreased. Weiss asked where did the decrease come from. Garrow replied the applicant would address that. Adam Roy introduced Jeff Cardot, the owner of the project. Roy thanked Jessica and Community Development for getting the project back but the new project is definitely an improvement and better solution that the original one approved. Roy displayed a vicinity map which is on Main Street across from the Concept 600 building. Roy explained the former project which was a concierge type and qualities for second homeowners with valet parking and a high density, high impact use but not fractional ownership but that style of ownership. There was also a contentious roof top party deck for the free - market owners. Roy showed a drawing showing it was a zero lot line project; all cars were loaded through an auto elevator in the back of the building; 10 of the parking stalls were parked via hydrolytic lift; there would be cars stacked up in the alley and the second floor had smaller units; the third floor had small decks. Roy said the site plan will remain the same and they are currently working with Engineering and Parks to reconfigure this planning strip out front at their request and those adjustments will be figured out prior to any hearing in front of Council. The garage has 13 parking spots and all of the hydrolytic lifts and the previous storage area be converted into commercial use space. Roy said on the second level the primary goal was to clean up the floor plan and reduce the density; they also included some decks off the back and to answer the question of how we reduced density was through decks and circulation space in the core of the building. They have converted the affordable housing units into 2 very generous three bedrooms, three bath units accessed by elevator and stairs and have a rear access through a mud /laundry room. These affordable housing units are 1,425 and 1,350 square feet of net livable square feet, which exceeds the mitigation purposes. The third level has been set into the building with a net decrease of 1,619 square feet. The elevator bulkheads will be eliminated from the rooftop and the overrun will be well within the 42 foot height restriction; the mechanical will be recessed in the middle of the building. 8 City Planning & Zoning Meeting — Minutes — March 08, 2011 Roy showed the height reduction of the building showing the top of Stewart Title and the majority of the Little Nell Ski run, which is shown from the Concept 600 building third floor. Roy said they feel this is an improvement to the building as a whole as it relates to the general public at large, the public well being and protect public welfare. Roy said the building height was reduced by 5 feet or more, the building setbacks off the alley are about 20 feet, this reduces the mass and scale of the building, the total FAR will be reduced by approximately 2200 square feet, the density is dropping from 10 total units to 5, reducing onsite parking from 26 to 16, eliminating the hydrolytic parking in the underground garage. The total free - market net livable area is decreasing by nearly 350 square feet. Jeff Cardot discussed his process buying the project in an auction format in September 2010 and really wasn't sure what he was going to do with the property. Cardot said to try and utilize the current entitlements; it doesn't make any sense to make a concierge type of building because it would have no vitality. Cardot reached out to the neighbors that fought it the most and said this is what I am thinking about doing; working on the height, scale and density. Cardot said he wanted to make this a better project for the community and neighbors. Cardot said he hoped that the TDRs and the 2,000 square foot cap wasn't as important as building a better building for Aspen. Jim DeFrancia asked with the reduction of spaces in the garage will it be a drive in and park yourself. Cardot replied that due to the fact that the foundation was done and 18 feet deep and to do a conventional ramp would basically take the whole thing up so they are using the auto elevator. There was reduced storage and it will be replaced with Commercial and the storage will go above the parked cars. DeFrancia asked if the cars required an attendant. Cardot replied it would be individually operated. Weiss asked what categories were the affordable housing units. Garrow replied category 4. Stan Gibbs asked why 16 parking spaces. Roy responded that it was specific to the commercial space; the more we can provide commercial space for the commercial tenants. Gibbs asked what kind of commercial do you do in a basement. Roy said there were a variety of options from a conference center, presentation room or a space that was commercial but not retail. Cadot said or simply cheaper commercial space. 9 City Planning & Zoning Meeting — Minutes — March 08, 2011 Weiss asked Jeffrey what he meant by the TDRs not making sense; financial sense or development sense. Cadot replied financial sense. DeFrancia asked if the TDRs could be waived. Garrow replied yes that was one of the alternative motions that you have. Public Comments: 1. Paul Taddune said he represents the Hunter Square Building immediately adjacent on the east and it is not typical for a client to come and support a project so this is a little unique. Taddune said that his client was Jurine Biers and read the letter that she submitted in favor of the project. 2. Pat Alhouse said she lived in Concept 407 and was in favor of the project; it minimizes the hugeness of a badly designed building. #2 the fact that Aspen's core has lost population for the prices of huge homes and also the employee housing is usually very small and not designed with families in mind. This man wants to bring up his family in our city; this makes vitality in the community. #3 when has a person come to P &Z to decrease in size a project, especially a project that everyone was originally dissatisfied with; we have a great opportunity to correct a huge problem. #4 I have personally met Jeff and my first statement to him was if you do what you are going to do I will support you. He has come back with various meetings. #5 please approve this new project so it can go to City Council. 3. Dick Copet 407 Concept 600 said this was a huge opportunity to correct something that really misfired a few years back. He really appreciated that this meeting was moved up to accommodate them. 4. Bob Borchers said he was Unit 208 Concept 600 and most of the pictures you saw were from the fourth floor; from the second floor it looks a little different. Any help in the reduction we welcome and he said this was a great addition for the town of Aspen and be able to get through this project as soon as possible will be a great enhancement for the city. 5. Lindsey Smith said that Jeff Cardot was a breath of fresh air not only for the 600 block of East Main Street but just for the community for what he is trying to do. He has gone out of his way to bring this building into what the neighborhood wanted and that was never the case before. He has met with us every time we have asked him; he brings the drawings and she did not want P &Z to miss this opportunity to get a neighborhood approved building and looked forward to approval tonight. 6. Patsy Hicks said that she lived in Honolulu and she would love to have more developments like this that favor family; we are really in favor of all that Jeff is doing and hope that you will move it through very quickly. 10 City Planning & Zoning Meeting — Minutes — March 08, 2011 7. Jim Smith said that he lived in Concept 600 as well and the entire city is impacted by this building; the original building that was approved was bad for the neighborhood and bad for the city as well. Smith said when Jeff bought the building he realized as he has told you he could build a better building and Jeff talked to the neighbors and looked for the input and asked for changes that we would support. Like we have said this building adds true vitality to the city giving families an opportunity to live in town. Smith said that asking Jeff to pay more money by asking for TDRs to make a much better building and he suggested that P &Z send this project forward to Council. We should not let the perfect be the enemy of the good and we ought to go forth with this project. Stan Gibbs closed the public comment section of the meeting. Commissioner Comments: Jim DeFrancia stated that they have done a great job; it is clear from listening to the neighbors that you have addressed their concerns and the building seems appropriate for the neighborhood. DeFrancia said the quicker we can move the better and asked Jeff if his intent was to start building as soon as you get through City Council. Jeff Cadot replied absolutely. DeFrancia said for the improvements that have been made and the reduction in the character of the building and other adjustments; it was appropriate for P &Z to waive the TDRs. Bert Myrin asked if the final approval will eliminate the prior approvals. Jessica Garrow replied when there is final Council action that will vacate the prior approvals; the vested rights are until June. Myrin asked about the memo mentioning the owners select the first affordable housing residents, is that typical. Garrow replied that happens sometimes; in the Aspen Club project the applicant requested that as well at that time; the condition that the housing board requested was that if it was purchased by a second person then it goes through the regular options. Myrin asked the height of the building as was presented tonight of the actual structure and mechanical. Garrow replied that it was varying in height along Main Street 36 'h to 37 % feet with the plans that we have. Myrin asked if it was 38 feet. Roy replied that or lower. Myrin asked if a 5 foot limit above 38 feet for mechanical make sense; it seems like the same for the rules and the only thing that has changed is your starting point because it is the rooftop. Roy said he just didn't know. Garrow said that part was a dimensional requirement and they were varied through the PUD process; that can be included in a recommendation. Myrin asked about parking spaces for the affordable housing units. Roy replied that they were 11 City Planning & Zoning Meeting — Minutes — March 08, 2011 giving indoor parking spots to the two affordable housing units as well as the storage unit above. Cliff Weiss said that TDRs are for the whole community from his perspective; to move development from out of the back country and into urban areas. Weiss said they were not designed to make your project more profitable. Weiss said that fixing this project which was an eyesore from the get go affects the whole community and how you have leaned over backwards to appease your neighbors and the fact that you are going to live there is good. Weiss asked how many kids did he have. Cadot replied 2 right now. Susan from Hunter Square showed photos of Jeff s children to the commission. Weiss said that Jeff gave him the thing that he hated most, Jeff took away those elevators. Weiss said that he could support this with the fact that you are going to be part of the community. Stan Gibbs said the reason that the rooftop mechanical is something of an issue with most of the commissioners is because they had another experience with another building in town; by the time the project got built there was this lump of development right at the edge of the building on the roof and is very ugly. Gibbs said there was no other place to put the mechanical for that project so you can understand the sensitivity the commissioners have to such a situation. Gibbs said as part of the resolution to Council is that they take a very hard look at the mechanicals on the roof, if there is not a significant attempt to the height and location at least it will be somewhat reduced to the neighbors. Gibbs said he would be in favor of seeing something in a resolution that addresses that particular point; it was a negative thing to have to go through before and that we don't get a chance to look at before. The free- market units slightly larger without TDRs are interior to the building. MOTION: Jim DeFrancia moved to continue 5 minutes, Stan Gibbs seconded. All in favor, APPROVED. MOTION: Jim DeFrancia moved to approve Resolution #7, series 2011, approving with conditions the amendment of growth management development order, commercial and affordable housing growth management review that the City Council approve with conditions the amendment to a Subdivision Development order, a PUD to allow 3 free- market units greater than 2500 square feet without the use of TDRs for the property located at 625 East Main Street; with the additional conditions of one assigned indoor parking space for each affordable housing unit, rooftop mechanical is at a maximum of 5 feet above the presentation tonight and as located as close to the interior of the building as possible. Bert 12 City Planning & Zoning Meeting — Minutes — March 08, 2011 Myrin seconded. Roll call vote: Weiss, yes; Myrin, yes; DeFrancia, yes; Gibbs, yes; APPROVED 4 -0. Discussion prior to the vote: Bert Myrin amended the motion to include one assigned parking space for each affordable housing unit; Jim DeFrancia accepted that amendment. Myrin said the second amendment was the rooftop mechanical is at a maximum of 5 feet regarding the presentation that we have seen tonight. Stan Gibbs said and located as close to the interior of the building as possible. DeFrancia accepted those amendments. Adjourned at 7:15 pm. Jackie Lothian, Deputy City Clerk 13 EchADA DIA PLANNING + DEVELOPMENT '„'T? `.� '-m _. 1 tSi� *�_a* $° ✓43.'- ' �w ^_. ° A' NO. 02 DATE April 1, 2011 BY Adam Roy TO Jessica Garrow, City of Aspen Community Development CC Jeff Cardot PROJECT 625 East Main Street SUBJECT Updated design material for Council review and hearing Dear Jessica: The purpose of this memorandum is to respond to the various conditions recommended through the Planning and Zoning Commission's Resolution ( #7 -11) approving the PUD designation and the associated amendments of this application. Specifically, Section 3: Dimensional Requirements, Section 6: Sidewalks, Curb, and Gutter, Section 11: Landscaping, and Section 13: Pedestrian Amenity Cash -in -Lieu Fee of the Resolution will be further elaborated upon as well as new design material presented and discussed. It is acknowledged through this memorandum that the applicant is in agreement with each of the requirements and conditions described in the remaining sections of the Resolution. All standards and methods are based on the 2006 City of Aspen Land Use Code (the "2006 Code "). Section 3: Dimensional Requirements: In accordance with the Commission's recommendation, a roof plan of the building is attached to this memorandum as Exhibit 1. The roof plan identifies the location of all mechanical equipment as well as a screening parapet wall that is located internal to the face of the primary facades of the building. All mechanical equipment is located to the center of the building relative to the north and south facade lines. No mechanical equipment will extend above the recommended forty -three (43) foot height limit as measured per Section 26.575 of the 2006 Code. The parapet wall required by Code for mechanical screening purposes is recessed from the primary north and south facade lines of the building and will not extend above the forty -three (43) foot height limit recommended by the Commission. In 2006 the C -1 base zone district allowed for a maximum building height of forty -two (42) feet. Exhibit 2 attached to this memorandum represents the primary north and south building elevations that are in compliance with the approved and currently active building permit for the property. The maximum height of the building, as indicated on the elevations, has been determined to be thirty -eight (38) feet six (6) inches as measured per Section 26.575 of the 2006 Code. The height of the primary roof structure of the building has been determined to be thirty -seven (37) feet two (2) inches as measured per Section 26.575 of the 2006 Code. DIA PLANNING + DEVELOPMENT NO 02 PROJECT 625 Fast Main St SUBJECT Updated design material Section 6: Sidewalks. Curb and Gutter: In accordance with Design Review Committee comments from the Engineering and Parks Departments, a new sidewalk improvement plan has been created through a coordinated design effort with the Engineering and Parks Departments. Exhibits 3 -8 attached to this memorandum illustrate the final solution for the sidewalk and tree planting strip plan. Engineering and Parks have received and reviewed the updated design will be submitting comments to Community Development. Section 11: Landsca iD nD: In accordance with Design Review Committee comments from the Engineering and Parks Departments, a new landscape and tree planting plan has been created through a coordinated design effort with the Engineering and Parks Departments. Exhibits 3 -8 attached to this memorandum illustrate the final solution for the landscaping and tree planting strip plan. Engineering and Parks have received and reviewed the updated design will be submitting comments to Community Development. Section 13: Pedestrian Amenity Cash -in -Lieu Fee: Per the requirement for the issuance of any building permit, the pedestrian amenity cash -in -lieu fee in the amount of $50,000.00 was paid for this project at the point of issuance of the building permit currently active for this property. Please let me know if you have any questions or need any clarifications. Sincerely, Ad� Adam C. Roy Page 2 03'N3d5V 1 13381S NNW - 3 SL9 NIVW 1SV3 SZ9 i ai etet 1 1 j l I I I j , 1'I I 1,1 I I I I I 11 III I I o s> 1lLy - - - , ©_1� II \ —+ i 1 1 11 1 0 II g � �.m zre II - (—I III — = - -- I �I 1 71 _ • © III _ - - -- 1, 0 11 1'� I III I ,I III III - -- / a n ,,1 1 I 111 !) 1'I I I III _ 7 1 1 11 -- 5 1 1, I O 0 h i l l ��i 1 I II b w _ 1 I I 111 00� o— _ e ° O O _ II 111 9 III N1 11 1 1 11 III - .m! 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NO 03 DATE April 4, 2011 BY Adam Roy TO Jessica Garrow, City of Aspen Community Development CC Jeff Cardot PROJECT 625 East Main Street SUBJFCT Financial assurance agreement Dear Jessica: The intention of this memorandum is to address the financial assurances the new Owner of the property at 625 East Main Street (the "Property"), 625 Main Aspen LLC (the "Owner "), is offering to put forth in order to assure to the City that the 625 Main Street redevelopment (the "Project ") will be fully completed as proposed and in a timely manner. The assurances offered are intended to convey the financial capability of the Owner to deliver upon the proposed scope and schedule of the project. The current Owner has acted in good faith in acquiring the property in an effort to complete this partially built project that has been sitting idle for more than two years. The Owner has worked closely with the Community Development Department in finding an effective and satisfactory solution for recommencing construction on the stalled building. Because the project stopped as a result of the challenging economic conditions that affected not only Aspen but the entire country, many changes to the general scope and especially the funding of the construction have been required to be implemented. Institutional lending practices for all commercial and speculative real estate development have effectively disappeared, and therefore a major consideration in moving this project forward is that it must be completed without the typical practice of leveraging private equity with debt from an institutional lender. The result of this situation is that the Owner will be solely responsible for financing the project through completion, a condition that in itself serves as an assurance, in that the Owner is directly disincentivized to leave the project uncompleted. All public infrastructure associated with the property including all utilities have been completed or installed, and all major foundation work is in place and structurally sound. As a result, no major physical impacts will be placed upon the public right -of -way or public property in general. Construction of the sidewalk area within the public right -of -way to the north of the property has yet to be completed. In effect, all construction aside from the sidewalk area will take place within the boundaries of the private property. The Owner acknowledges that the City of Aspen's current practice of requiring financial assurances, bonding and escrowed moneys for the purposes of seeing projects through to their completion is the result of very 6 DIA PLANNING + DEVELOPMENT NO. 03 PROJECT 625 Fast Main St SUBJECT Financial assurance large and publicly impactful projects that have been proposed over the past few years. It is further acknowledged that the scope and financial requirement to see through the remaining construction associated with this proposed project are relatively minor in comparison to other much larger projects that have been reviewed and /or approved before City Council. Financial Assurances: For the reasons stated above — specifically that the project will be executed with unleveraged funds, the remaining scope and financial requirement of the project are relatively small, and that no major impact or disturbance of public property is required —the following financial assurances are being offered by the Owner to the City of Aspen: 1. The Owner commits and agrees that before a Building Permit is issued for any phase associated with the continuation of construction for the project at 625 East Main Street by Ordinance, the Owner shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and complete the construction related to the Building Permit being sought, including all private and public improvements covered by the Building Permit, and all public improvements required under the Subdivision /PUD Agreement. 2. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Owner's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. 3. A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be issued for the project until the public improvements associated with the sidewalk area to the north of the property and any other additional public improvements that are required under the new Building Permit have been completed. The Owner and I would be happy to discuss these terms further with you. Please let me know if you have any questions or need any clarifications. Sincerely, Ad� Adam C. Roy Page 12 V MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Stephen Kanipe, Chief Building Official THROUGH: Chris Bendon, Community Development Director MEETING DATE: April 11, 2011 RE: Second Reading Ordinance #11, 2011, Amending Ordinance No. 8, Series of 2011 adopting the 2009 International Energy Conservation Code. REQUEST OF COUNCIL: Staff requests action from Council regarding amendments to Title 8, Chapter 8.46 Appendix A & B, the 2009 International Energy Conservation Code to delete the "offsite mitigation within the City limits" language regarding exterior energy use mitigation. SUMMARY: At first reading on March 28 Council supported the staff recommendation described as option #2 below. This supports the original concept of REMP in that if onsite mitigation is not chosen then the payment option is required. This does not deprive a permit applicant of choices. Every building site in the City has access to the onsite option in the ordinance as written; photovoltaic, solar thermal and Ground Source Heat Pumps as single systems or in any combination. The installation in all or part is credited toward onsite mitigation. Another choice the applicant has is to decrease the amount of exterior energy installed. Option #2 supports onsite mitigation or the REMP payment option that has been in place since January 2000. The REMP funds are dispersed through grants screened by the CORE board with final approval by both the BOCC and City Council. This is a well established and respected process. BACKGROUND: The attachment is the original memo dated November 12, 1999 from Randy Udall provided to Council for the first reading considering adoption of the Renewable Energy Mitigation Program. This provides the foundation for the operation of the program but more importantly, very clear direction. Some details of the program have changed specifically in the City adoption such as the standard for large homes and the energy cap. These requirements became less applicable in the City and were deleted with the adoption of the 2009 IECC. What remain important are the goals and objectives, criteria for spending and expenditure administration, review and approval. There is also this sentence: "If homeowners want to use renewable energy, but don't want to produce it on -site, they can pay a mitigation fee to the Community Development Department when they receive their building permit ". 1 The REMP program is more than just the Renewable Energy Mitigation part. That is only one slice of the pie in the original concept of this idea that created a relationship between the City Council, County Commissioners and the Core board. The P part of remP is about programs. The vision includes education, opportunities to assist in efficient project design, providing seed money for innovation and leveraging opportunities. This is the multiplication effect that makes REMP an awarding winning and successful concept and functional program. RECOMMENDATION: Staff recommends approving of Ordinance No. 11, Series 2011 on second reading. CITY MANAGER COMMENTS: 2 ORDINANCE NO. 11 (SERIES 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 8.46 OF THE ASPEN MUNICIPAL CODE TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE. WHEREAS, the City of Aspen is nationally recognized as a leader in developing, adopting and administrating progressive energy codes; and WHEREAS, in 1995 the City of Aspen was the first jurisdiction in the country to regulate exterior energy use; and WHEREAS, in 2000 the City of Aspen was the first jurisdiction in the country to adopt a mandatory Renewable Energy Mitigation Program; and WHEREAS, it is in the best interest of the citizens of and visitors to our community to continue and maintain a leadership role in energy code adoption and administration. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Title 8 Chapter 8.46 of the Aspen Municipal Code is hereby amended and shall read as follows: Chapter 8.46 International Energy Conservation Code Sec. 8.46.010. Adoption of the 2009 Edition of the International Energy Conservation Code. Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Energy Conservation Code, 2009 Edition, as published by the International Code Council except as otherwise provided by amendment or deletion as contained in Section 8.46.020 of this Chapter. At least one (1) copy of the International Energy Conservation Code shall be available for inspection during regular business hours in the City Clerk's Office, second floor of City Hall. Sec. 8.46.020. Amendments. The International Energy Conservation Code, 2009 Edition, the addition of Appendix A "Residential Renewable Energy Mitigation Program" and Appendix B "Commercial Renewable Energy Mitigation Program" as adopted by the City at Section 8.46.010, is hereby amended to provide and read as follows: 1 (a) Section 101.1 Insert: "City of Aspen" for [NAME OF JURISDICTION]. (b) Section 104.3 "Final Inspection" is hereby amended and to read as follows: Section 104.3 Required energy efficiency inspections. The building official, upon notification, shall make the inspections set forth in Sections 104.3.1 through 104.4.5. Section 104.3.1 Building thermal envelope. Specific items referenced in Section 402.4.1 and Section 502.4.3 shall be inspected and approved. Section 104.3.2 Fenestration. All fenestration as defined in Section 202 shall be labeled, inspected and approved before the gypsum board inspection. Section 104.3.3 Insulation. All above and below grade wall and ceiling cavity insulation shall be labeled, inspected and approved before the gypsum board inspection. Section 104.3.4 Other inspections. In addition to the inspections specified above other inspection shall include, but not be limited to, inspections for: duct system R- value, HVAC and water- heating equipment efficiency and lighting compliance. Section 104.3.5 Final inspection. The building shall have a final energy efficiency inspection and not be occupied until approved. (c) Section 107.2 "Schedule of permit fees" is hereby amended and to read as follows: "A permit shall not be valid until the fees prescribed by Section 2.12.100 of this Code are paid in full." (d) Section 109 "Means of appeal" is deleted in its entirety and shall read as follows: "Section 109.1 Appeals shall be in accordance with Chapter 8.08 of this Code." (e) Add Section 110 "Liability" to read as follows: "The Building Official or his or her authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his or her duties. "This Code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof or City be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of 2 inspections authorized and carried out hereunder or by the issuance of any permits or certificates issued pursuant to this code." (f) Section 301 "Climate zones" is deleted in its entirety and shall read as follows: "The City of Aspen, Colorado shall use Climate Zone 7 in determining the applicable requirements from Chapters 4 and 5 ". (g) Section 402.4.2 Shall be amended as follows: Air sealing and insulation. Building envelope air tightness and insulation installation shall be demonstrated to comply with Section 402.4.2.1 . (h) 402.4.2.2 is deleted in its entirety. (i) Section 403.8 Snow Melt System Controls (Mandatory).shall be amended as follows: (Add) 403.8.1 "Snow Melt Slab Insulation. "R 10 insulation shall be installed under the area to be snow melted or R -5 insulation shall be installed under and at the slab edges of the area to be snow melted. (Add) 403.8.2 "Roof and gutter deicing ". Electric roof and gutter deicing systems shall be self regulating type cable and include automatic controls which limit the use of the system to daylight hours by means of a programmable timer. When installation exceeds manufacturers' design requirements electric roof and gutter deicing systems shall have automatic controls capable of turning off the system with when the outdoor temperature is above 50 degrees F and monitor moisture. Hydronic roof and gutter deicing systems shall have an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees F. (j) Section 503.2.4.5 Snow Melt System Controls. Shall be amended as follows: (Add) 503.2.4.5.1 "Snow Melt Slab Insulation. "R 10 insulation shall be installed under the area to be snow melted or R -5 insulation shall be installed under and at the slab edges of the area to be snow melted. (Add) 403.8.2 "Roof and gutter deicing ". Electric roof and gutter deicing systems shall be self regulating type cable and include automatic controls which limit the use of the system to daylight hours by means of a programmable timer. When installation exceeds manufacturers' design requirements electric roof and gutter deicing systems shall have automatic controls capable of turning off the system with when the outdoor temperature is above 50 degrees F and monitor moisture. Hydronic roof and gutter deicing systems shall have an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees F. Section 2. The International Energy Conservation Code is hereby amended by the addition of an Exhibit A 3 which shall read as follows: Appendix A "Residential Renewable Energy Mitigation Program" SECTION 101 SCOPE AND ADMINISTRATION Section 101.1 Scope. Residential snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Residential Renewable Energy Mitigation Program (RREMP) Appendix A. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit that include systems described in section 101.1. Residential Building is defined in IECC section 202. Section 101.2 Residential Renewable Energy Mitigation Program (RREMP) Option — Exterior energy use for residential snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201. Section 101.3 On -site Renewable Credits Option — Renewable credit options are calculated as directed by Section 301. Section 102 Payment option. The RREMP payment option is the difference in energy use calculated in section 202 and on -site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on -site renewable credits. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. Section 103 Credits for on -site renewable energy. This RREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on -site renewable energy (Section 301) with solar photovoltaics and/or solar hot water. Also the energy efficient technology of ground source heat pump systems (GSHP) is permitted for supplemental on -site energy. Micro -hydro and wind generation systems will be credited according to industry standard site specific production reports. Section 104 Pre - existing systems. Pre - existing snowmelt, pools or spas which are being overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel by inspection before demolition. The calculation of the credit shall be based on section 301. Section 105 - Residential Repairs. Repairs to building components, systems, or equipment which do not increase their pre- existing energy consumption need not comply with RREMP. All replacement mechanical equipment shall be Energy Star© rated. SECTION 201 EXTERIOR ENERGY USE CALCULATIONS Section 201.1 Snow melt energy consumption shall be calculated as a RREMP payment option at $34.00 4 per square foot divided by the boiler efficiency (AFUE). Electric snow melt energy consumption shall be calculated as a RREMP payment option at $34.00 per square foot. Exception: Areas critical to pedestrian ingress, egress or life safety may be snow melted with the approval of the building official. Section 201.2 Outdoor pool energy use shall be calculated as a RREMP payment option at $136.00 per square foot divided by the boiler efficiency (AFUE). Section 201.3 Spa energy use shall be calculated as a RREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package portable self contained spas not more than 64 square feet are exempt. Section 201.4 The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated in section 201.1. Section 202 The total RREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3. SECTION 301 ON -SITE RENEWABLE CREDITS Section 301.1 Photovoltaic Systems — On -site renewable credit shall be calculated as $6,250.00 per 1 KiloWatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on -site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association) , NABCEP (National Association of Board Certified Energy Professionals) or a licensed electrical contractor registered with the City of Aspen. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.2 Solar Hot Water - On -site renewable credit shall be calculated as $125.00 per 1 square foot of the system design. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association) , NABCEP (National Association of Board Certified Energy Professionals) or a licensed plumbing contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.3 Ground Source Heat Pump - On -site renewable credit shall be calculated as $1,400 per 10,000 BTU per hour of the system capacity. In order to use a GSHP for on -site renewable credit the GSHP system must supply at least 40% of the peak load for heating and cooling the building (Manual J or approved equivalent). A minimum COP of 3 at entering source water temperature maximum of 30 degrees and leaving load water temperature minimum of 110 degrees shall be the design criteria. Section 302 The total RREMP on -site renewable credit is the total sum of sections 301.1, 301.2 and 301.3. PUBLIC DOMAIN SOFTWARE Section 401 A free calculation program known as RREMP 2009 shall be made available to the public. 5 EXAMPLE CALCULATION FOR RESIDENTIAL RENEWABLE ENERGY MITIGATION PROGRAM Snowmelt Example (Snowmelt requested 800 sq. ft.) $34.00 *800/ .91 (efficiency rating of boiler) = $29,890.11 RREMP payment option for exterior energy use will be $29,890.11 ON -SITE RENEWABLE CREDITS 96 square feet of solar hot water panels *$125.00 per square foot = $12,000.00 RREMP payment option will be $17,890.11 OR 4.8 KW photovoltaic system *$6,250.00 per kilowatt = $30.000.00 RREMP payment option will be $0 Section 3. The International Energy Conservation Code is hereby amended by the addition of an Exhibit B which shall read as follows: Appendix B "Commercial Renewable Energy Mitigation Program" SECTION 101 SCOPE AND ADMINISTRATION. Section 101.1 Scope. Commercial snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Commercial Renewable Energy Mitigation Program (CREMP) Appendix B. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit that include systems described in section 101.1. Commercial Building is defined in IECC section 202. Section 101.2 Commercial Renewable Energy Mitigation Program (CREMP) Option — Exterior energy use for commercial snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201. Section 101.3 On - site Renewable Credits Option — Renewable credit options are calculated as directed by Section 301. Section 102 Payment option. The CREMP payment option is the difference in energy use calculated in section 202 and on -site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on -site renewable credits. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County 6 Commissioners. Section 103 Credits for on -site renewable energy. This CREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on -site renewable energy (Section 301) with solar photovoltaics and/or solar hot water. Also the energy efficient technology of ground source heat pump systems (GSHP) is permitted for supplemental on -site energy. Micro -hydro and wind generation systems will be credited according to industry standard site specific production reports. Section 104 Pre - existing systems. Pre - existing snowmelt, pools or spas which are being overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel by inspection before demolition. The calculation of the credit shall be based on section 301. Section 105 - Commercial Repairs. Repairs to building components, systems, or equipment which do not increase their pre- existing energy consumption need not comply with CREMP. Section 201 EXTERIOR ENERGY USE CALCULATIONS Section 201.1 Snow melt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot divided by the boiler efficiency (AFUE). Electric snow melt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot. Exception: Areas critical to pedestrian ingress, egress or life safety may be snow melted with the approval of the building official. Section 201.2 Outdoor pool energy use shall be calculated as a CREMP payment option at $170.00 per square foot divided by the boiler efficiency (AFUE). Section 201.3 Spa energy use shall be calculated as a CREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package portable self contained spas not more than 64 square feet are exempt. Section 201.4 The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated in section 201.1. Section 202 The total CREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3. Section 301 ON -SITE RENEWABLE CREDITS Section 301.1 Photovoltaic Systems — On -site renewable credit shall be calculated as $6,250.00 per 1 KiloWatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on -site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association), NABCEP (National Association of Board Certified Energy Professionals) or) or a licensed electrical contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. 7 Section 301.2 Solar Hot Water - On -site renewable credit shall be calculated as $224.65 per 1 square foot of the system design. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association), NABCEP (National Association of Board Certified Energy Professionals) or a licensed plumbing contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.3 Ground Source Heat Pump - On -site renewable credit shall be calculated as $1,400 per 10,000 BTU per hour of the system capacity. In order to use a GSHP for on -site renewable credit the GSHP system must supply at least 40% of the peak load for heating the building (Manual J or equivalent). A minimum COP of 3 at entering source water temperature maximum of 30 degrees and leaving load water temperature minimum of 110 degrees shall be the design criteria. Section 302 The total CREMP on -site renewable credit is the total sum of sections 301.1, 301.2 and 301.3. PUBLIC DOMAIN SOFTWARE Section 401 A free calculation program known as CREMP 2009 shall be made available to the public. EXAMPLE CALCULATION FOR COMMERCIAL RENEWABLE ENERGY MITIGATION PROGRAM Snowmelt area 1200 sq. ft. $60.00* 1,200/.92 (efficiency rating of boiler) = $78,260.87 Pool area 700 sq. ft. $170.00 *700 /.92(efficiency rating ofboiler)= 5119000.00 Spa area 80 sq. ft. $176.00 *80 /.92(efficiency rating of boiler) = $15,304.35 RREMP payment option for exterior energy use will be $222,913.04 ON -SITE RENEWABLE CREDITS 448 square feet of solar hot water panels *$125.00 per square foot = $56,000 20 KW photovoltaic system *$6,241.20 per kilowatt = $124,824.00 RREMP payment option will be $0 Section 17: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 19: 8 A public hearing on this ordinance will be held at 5 PM the 11 day of April 2011 in the City Council Chambers, 130 S. Galena, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of March, 2011. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2011. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney 9 1 1 ., • • • To: City Council . . • . . . . Julie Ann 'Wodds • . . Thru: Stephen Kanipe . • • From: Randy Udall, CORE" . Date: November •12,1999 •• , • . Re: Amendments to the Energy Code • • • • •Renewable Energy Mitigation Program . • • "Renewable energy sources are expected•to provide between 5% and 10% of the • . • • . . world's energy within 25 years, perhaps rising to 50% .by 2050." . • • Shell Renewables, division of Shell 011. . • REMP Goals &Objectives. • . • • • The Renewable Energy Mitigation Program is designed to offset the environmental . :: •, •, r iinpacts .and•greenhouse.gas.emissions produced by new homes exceeding 5,000 square • .feet and by •non - complying exterior snowmelt, pool,, and spasystems. Fees collected by the.REMP programwill be used to fund renewable energy and energy, efficiency . • • • installations iiu Pitkin County and, if necessary,•'purchase wind.energy from wind . . , generators in Colorado and/or Wyoming. . , . The REMP program is designed to put Aspen and Pitkin County on-the path to a • • sustainable energy future; to tap the Valley's renewable energy resources; to reduce air pollution and greenhouse gas emissions; and to establish a•newbenchmark in responsible . energy codes. • :• . REMP and •the /Pitkin.Energy.Code• • . Abrief history. The REMP proposal was developed after a number of homeowners, architects, and builders asked the Community Detelopnient Department whether wind, generated electricity from lloly Cross Energy could be used tomcat the renewable energy • • provisions of the Aspen/Pitkin Energy Conservation Code (APECC). • - ' APECC establishes an energy budget for new residential construction. If, through energy • efficient design, a new home has a surplus of energy, that ,surplus can be used outdoors, to heat a pool; spa, or snowmelt system. As the code is now written the energy to melt snow or heats pool must come front within the house's energy budget, unless 50% of • that heating energy is coming from a renewable energy source. . • 2 • When the code was adopted it was assumed that this renewable energy would'be . • produced on -site. Once-Holy Cross began selling wind power, however, architects and • builders increasingly asked the Community Development Department whether wind . . energy—or other renewable energy produced off - site —could be used to meet APECC's . • renewable energy provision. . • • In response to these requests, the Community Development Department and the Convnunity Office for Resource Efficiency (CORE), after lengthy discussions, developed - . • • the Renewable Energy Mitigation Program. REM?. is modeled after existing mitigation programs to promote community values, for example, by preserving open space, providing parking, and building affordable housing. • • MitigationFees The REMP program is voluntary, except for new homes over 5,Q00 feet. (See below.) " • • Applicants interested in using renewable energy to heat, a pool or snowmelt system . already have the choice of producing that energy on -site. REMP creates a second, new • option. If homeowners want to use renewable energy, but.don't want to produce it on- . site, thereon pay a mitigation fee to the Community Development Department when they . • - receive their building permit. . . • •The.fees:wilI be Used to' install renewable energy systems elsewhere inPitkin County, on . . • affordable housing projects, public buildings, businesses, and homes: A portion of the . fees may also be used to purchase wind energy from Colorado or Wyoming wind farms. . REMP Fee Formula Protects the Environment In developing the REMP program, we attempted to meet two keyobjectives: protect the. . • environment and put Pitkin• Coutity on the path to a sustainable energy future. • To protect the environment, REMP fees are designed to raise enough money to eliminate • twice as much pollution as will be produced -by a large spa, swimming pool, or snowmelt • system during 20 years' of operation. • • . To put Pitkin County on the path to a sustainable energy future, the bulk of REMP fees . • • will be spent locallyto tap our abundant renewable energy resources. . Energy Cap . Homeowners who.participate in the REMP program can purehase no more than • 100,000,000 B'T'Us of supplemental energy per year. (This is as much energy as it takes to • " • • • heat a2,500 square -toot house.) This limit effectively caps REMP payments, for any • • . < . < • 3 • • single homeowner, at $100,000. This limit also caps.the amount of energy any. single homeowner, no matter how wealthy, can consume: •••• , • • Typical Fees . . • • . . . . . , .. . . . The REMP fee formula and calculations for the following four examples can be found at . . the end of this memo. Here's a summary: Snowinelt System. A homeowner wants to install 500 square feet of snowmelt. He or she . • cananstali solar collectors or pay a REMP fee of $8417. • - . • . Outdoor.:Spa; Year' Round Use, •Packaged•spas fewer than 64 'square feet.are exempt from the energy code. In this case, a homeowner wants to install a.larger square foot spa. • • REMP fee: • $20,279. • • • . ' Pool; Summer Use Only • - • • - A homeowner wants to install a 600• square foot pool for summer use. REMP fee: $8,207. . Pool, Year Round Use , . ; A homeowner WWants to install the same -size pool,.but for year round use. Such a pool -. will need 10•1iines'asmuch:energyio heat as.a summeruse REMP fee: • $93,948. • . ' Renewable Energy Standard for Large Homes • • As part of the REMP, program, the Building beparhnent proposes that new large homes, . • over 5,000 square feetimsize, be .required to either install a renewable energy system to meet part of their energy needs•or pay a REMP fee. . • A typical 5,000 square foothome built in durarea will, over the next 50. years, consume • 600,000 pounds of coal and 12,000,000 cubic feet of natural gas, creating morethan 2.7 • ' million pounds of carbon dioxide; the chief greenhouse gas. ('That's as much CO as would be produced.by driving around the Earth 100 'times.) Given the energy appetite of , . large homes, it's appropriate to ask their owners tamest a•pdrtion oftheir energy needs • • • on-site—or paya,REMP'fee instead. •. ' • • Homeowners 'could meet the Large Hottte standard by installing either a 64 square -foot . solar hot water system (costing under $4,000) or by installing a 2 kilowatt solar . photovoltaic system (costing $16,000 or less). Sincean average 5,000 square foot now ' costs about$2 million to construct, these costs -would add less than two tenths of one percent to the construction budget (hot water) of eight tenths ofone percent . (photgvoltaics.) . • 4 • Once installed, each of the renewable energy systems.would save the homeowner money and eliminate more than 100,000 pounds of carbon dioxide over the next 50 years. • .. If the owner of the large home did not want to install a renewable energy system, they • could pay a REMP fee instead: $5,000 for homes over 5,000 square-fret and $10,000 for ' homes over 10,000 square -feet. . • . REMP Fees: Furst Year Estimate A number of builders, architects; and developers have approached the Community Development Department for information on the REMP program. Many of them are ' . eager to see a REMP program adopted. Until the program is authorized it's difficult to ' . precisely estimate how much demand there will be. Our preliminary estimate is that the • program will raise between $100,000 to $200,000 per year. . • Criteria for Spending REMP Funds • •. • • • . . • REMP fees will fund a renewable energy or energy efficiency projects that rill eliminate . twice as much pollution as the homeowner's proposed swiimming pool, large spa, pr snowmen system will produce. . How would the money be spent? Subject to input from the City Council and County Comnvssioners,atlie, the following projects might be eligible forREMP funds: • • • Renewable Energy projects, including solar hot water, solar photovoltaics, • • • grotmdsource heat pumps, wind power, small -scale hydropower projects, fuel cells, • and micro- turbines. • . • • Energy Efficiency projects, including lighting retrofits, furnace and ventilation upgrades, appliance replacetnents,.green building design, etc Because energy . efficiency must go hand -in -hand with renewable energy if we are to achieve a . sustainable energy fmture, up to 20% of the REMP fees could be spent each year to • enhance energy efficiency in newand existing affordable•housing projects, • • . businesses, and homes. . ' REMP funds will be used to purchase renewable energy or energy efficiency equipment, to incentivize others to do the same, and to subsidize renewable energy or energy efficiency installations. In general, expenditures will attempt to maximize environmental . mitigation, recognizing that some renewable energy technologies have higher costs than • others. Wherever possible, REMP funds shall be used to leverage additional funding from private individuals or foundations. . Initially, affordable housing projects would be the top priority for REMP expenditures. . With hundreds of units slated for construction, this is an ideal place to spend the RgMP . fees. Some of the money could also be used to install renewable energy systems on public . buildings, or to incentivize businesses and citizens to do so on their homes and offices. • .1 . .5 Initial Projects CORE already has.begun planning a number of renewable energy projects•that could be .' funded•with RBMP fees. For example; we are•presently talking with Michael Hassig, lead • • architect on the Burlingame project,•about installing solar hot water systems there. There . . are similar opportunities at other proposed affordable housing projects including Truscott • and Stillwater, as well as at the new Iselin pool project. We don't think it will be difficult • to spend REMP fees in a cost-effective, prudent, and responsible manner, leading to real • • and quantifiable environmental improvements . Geographic Scope . • All of the REMP f ees w ill be spent in the Roaring Fork Valley. • REM? Expenditures: Administration, Review and Approval ' • . The Aspen/Pitkin Community Development Department shall collect REMP funds when• a building permit is issued. The funds shall be deposited in a dedicated, interest- bearing RBMP account. The Community Office for Resource Efficiency (CORE) will be responsible for developing and evaluating proposals to spend REMP finds. (Working with Holy Cross, CORE has taken the lead in developing the valley's successful wind and • • - • , • -solar power'pmgrams. Holy Cross now•leads the nation in both areas.) Proposed • expenditures from the REMP account shall be reviewed.by CORE's board of directors. A . • • majority of the CORE board must vote•to approve any expenditure. • • • Current CORE board members include: . • . • Leslie Lamont,.Pitkin County Commissioner . . • . • Terry Paulson, Aspen City Councilman ••. Kevin Costello, Snowmass Councilman . • Phil Overeynder, Utilities Director, City of Aspen • • • • Bob Gardner, Holy Cross Bnergy • • ' . • Rebecca Wallace, Energy 2000 Committee . • Bill Stirling, former- Mayor, City of Aspen • • . • • • Alice Hubbard, citizen-at-large . . ' • Soliciting REMP Proposals . . • • • . • At least twice each year, CORE will solicit REMP proposals.'Proposed REM? projects cal. be developed by CORE, the Aspen/Pitkin Community Development Department, . • other government agencies, non-profit organizations, businesses, schools, or private ' . citizens. . . • . 6 , . " • Administration Fee • . . For administering the REMP program and developing and reviewing REMP proposals, . ' ' the Community Office for Resource Efficiency (CORE) will be paid a fee: This fee will . be capped at 10% fee of authorized" REM!' "expenditures. - • • ' Annual Accounting • . • Each year CORE and the Aspen/Pitkin Community Development Department shall " . .submit a complete accounting of REMP fee collections and expenditures to the Pitkin • j • County Manager and Aspen City Manager,. for review by the County Commissioners and ! City Council. 1. , • . . * ** REMP Fee Formula . • • The REMP fee formula is based on the following equation: • [Supplemental energy, in BTUs.per year/3412 BTUs/kWh] * 20 years * $0.035/kWh * 2 . =•REMP fee • where• supplemental energy is the annual energy needed to heat the spa, pool, or snowmelt system; as determined by building officials and qualified engineers, . . BTUs are British Thermal Units, ' . kWh is a kilowatt -hour; and • • . $0.035/kWh is the estimated incremental cost of producing an equivalent amount . of energy from a renewable energy or energy efficiency source • Four Examples . • Here are four examples of how REMP fees would be determined.. Snowmelt System. A homeowner wants to install 500 square feet of snowmelt. He or she can install solar collectors or pay.a REMP fee, calculated as follows. . .(Supplemental energy needed =19,784,482 BTU /yearj/3412 BTU/kWh= 5;798 kWh/yr " • 5798 * $.035/kWh * 20 years * 2 = $8,117 REMP fee . 7 • Outdoor Spa, Year Round Use. Packaged spas udder 64 square feet are exempt froth the ' • energy code. In this case, a homeowner wants`to install a larger,•00 square foot spa. (Supplemental energy needed =49,425,287 BTU/year) /3412 BTU/kWh = 14,485 kWh/yr . . 14,485 * $0.035 * 20 years *2 = • • $20,279 REMP fee • Pool, Summer Use Only • • • 'A homeowner wants to install a 60r/square foot pool for sununer•use.. . . • (Supplemental energy needed =•20,000;000 BTU/year)/341.2 B.TU/kWh = 5862 kWh/yr . • • 5,862 * $0.035 * 20 years * 2 = • 58,207 REMP fen " Pool, • Year Round Use . • A homeowner wants to'install a same -size pool, but for year round use. Such a pool will ' • need more than 10 times as much energy to heat as a summer use only pool. . (Supplemental energy needed m 228,965,520 BTU /year)/3412 BTU/kWh. = 67,106 . kWh/yr • • • 67,106'kWh *•$0.035* 2 Yeats * 24k. °$93;948•12EMP fee. •:• . • • • l Kathryn Koch From: Marshall Foote [ Marshall @coloradopoolscapes.com] Sent: Monday, April 11, 2011 1:16 PM To: Public_Comment Subject: Comments for April 11th Meeting Aspen City Council, We understand that you will be discussing the current REMP program and have on your agenda to go over possible options for renewable energy, especially regarding off -site renewable energy opportunities. And as a local company we would like to state our support for community based off-site renewable energy. As a local company that has a very vested interest in the direction of the REMP program and helping to develop more opportunities for all parties within the program. We are very excited that you as a council are allowing the off -site renewable energy to be a consideration within the program. We know that we all need to be involved with continuing to expand the renewable energy programs and help develop easier ways for the public to invest into renewable energy. We are also a company that needs work to help create jobs for locals so that they may in return spend within our valley. And we know that the renewable energy program as it stands now does more to restrict the construction of pools and spas along with snowmelt and other building related items. The reasoning is that most, if not all, local citizens cannot easily erect and install renewable energy on their properties due to HOA, location of sites, local building regulations, etc... And the idea that we can provide an alternate may not only help create a larger community -based renewable energy but also help create jobs for locals within our small community. And we all know how important job growth is during this very tough economic landscape. So in summary, we hope that you will truly consider off-site community -based renewable energy as an possible option for the REMP program as it will not only help create jobs but also help create more renewable energy locally. Sincerely, Marshall Foote Partner Marshall Foote cc— _ Colorado Poolscapes, Inc. 5308 County Road 154 Glenwood Springs, CO 81601 (970) 945 -8775 x2551 Direct Line (970) 928 -2551 www.coloradopoolscapes.com Email secured by Check Point 1 Overview: We ask for your support in approving offsite community -based solar as a permissible solution for meeting the renewable energy requirements set forth by the Building Department and the Renewable Energy Mitigation Program (REMP). The Building Department has proposed an amendment to the code that specifically prohibits applicants from using offsite community -based solutions to meet renewable energy requirements. This is NOT in the best interest of the REMP program, the environment, or our community members. This document is designed to help you better understand this issue. As always, we appreciate your consideration of the details and the interests of all parties involved. Community -based Solar: Community -based solar installations are centralized arrays on a utility's grid where the utility's customers can have solar panels produce clean renewable energy on their behalf. By reducing the utility's need for fossil fuels, community -based solar presents the same environmental benefit as onsite solar, while providing greater impact through efficiencies and long -term management. The Renewable Energy Mitigation Program (REMP): REMP is an excellent program for managing the environmental impact of excessive energy consumption in our valley. CORE states, "the long -term goals of the REMP program are to reduce air pollution and greenhouse gas emissions, while speeding the Valley's progress toward a sustainable energy future." In practice, REMP is implemented to: 1. Deter excessive energy consumption by increasing the effective cost of adding systems such as snowmelt and outdoor spas. 2. Reduce or mitigate the environmental impact of additional consumption for those who proceed The Solution REMP Has Been Waiting For: Offsite community -based solar is a new concept that did not exist when REMP was created. Now that community -based solar is a reality in our valley, REMP's objectives can be achieved more effectively than ever. Community -based solar meets both of REMP's objectives better than any currently approved solution: 1. Community -based solar retains REMP's intended cost deterrent with a price similar to onsite solar pv and substantially greater than onsite solar hot water (both approved solutions). 2. Community -based solar provides far greater local environmental benefit for those applicants who proceed with installing snowmelt and spas. Community -based solar systems feature: Real clean energy delivered to the utility's grid Optimally situated for perfect sun capture Cleaned maintained, and serviced to ensure maximum output Long -term contracts guaranteeing long -term benefit Monitoring and analysis to ensure intended benefit is delivered Issues, Questions, and Concerns: Will this encourage people to consume more energy? Community -based solar presents similar cost deterrent as onsite solar pv and greater cost deterrent than solar hot water systems (which are significantly cheaper). Yet for applicants who proceed with the installation of a spa or snowmelt regardless of the added cost, community - based solar is the only solution that guarantees an optimal, long -term environmental benefit. What about the REMP payment (fee)? To meet the objectives of REMP, any applicant may choose to make a payment or install a renewable energy system. The payment and the installation of a renewable energy system are considered equally successful achievements of the program's offset goals. If it were determined that the REMP payment better achieves the REMP's environmental goals than the successful installation of renewable energy systems that can produce reliable clean power for decades, then the program should be amended to prioritize the REMP payment option. Don't we have enough solutions? Why preclude a local solution that provides the optimal environmental benefit and best achieves the objectives of REMP? Some applicants will be undeterred by the added cost required by REMP. For those who proceed with installing snowmelt or spas, now REMP can have a solution that guarantees the applicant will provide the optimal environmental offset for their increased energy consumption. Isn't this too easy for the applicant? Why make the adoption of renewable energy difficult? The purpose of REMP is to speed the valley's progress towards a sustainable energy future. While easy to acquire, community -based solar mitigates excessive consumption by providing a similar cost deterrent to applicants as onsite solar and a greater deterrent than solar thermal. For those applicants who move forward undeterred, the objective is the optimal environmental offset of their project. "Inconvenience" is not identified as a deterrent within REMP. That said, presenting the applicant with less convenient renewable energy solutions is a questionable deterrent at best. Consider an applicant that installs a snowmelt system despite the added cost of meeting the REMP requirement and chooses to install an onsite renewable energy system. The applicant will likely have the builder or architect contract with a solar installer to propose and install an onsite system. That process presents little or no inconvenience to the applicant. In fact, the primary "difficulty" experienced by the applicant is in maintaining and cleaning the onsite system. This won't deter the applicant from installing it, but stands to reduce the long -term environmental benefit of the system when the applicant fails to properly do so years after installation. Our Proposed Code Amendment: "Offsite renewable energy, whose beneficial use continually serves the project, can be used as calculated consistently with section 301 (On -site Renewable Credits). Beneficial use shall mean the crediting of electricity production within the same electric utility network, either in kilo -watt hours or its financial equivalent." April 6, 2011 Our organizations would like to state our support for community -based renewable energy. Off -site community -based solutions are both innovative and effective in helping to support the affordable, widespread expansion of renewable energies. This is a new and easy way of building and using clean energy that protects families from rising utility bills, spurs local job growth, reduces our dependency on foreign oil and has a positive impact on our environment. Community –based energy eliminates many barriers by opening the doorway to ownership to everyone with electric service: property renters, non - profits, poorly sighted properties and individuals of all incomes. The result is accessible renewable energy that everyone can own in proportion to what they can afford, even if only a few hundred dollars. Off -site, community -based renewable energy (solar, wind, hydro, biomass, etc.) dramatically increases the availability and adoption of renewable power, enabling literally every customer within a given utility to easily and affordably own and generate long -term renewable energy. By owning a flexibly sized system located at a centralized site on the local electric grid (such as a central solar array), rather than on their personal property, everyone can be part of the environmental solutions we need, regardless of property or budget constraints. We strongly believe that off -site, community -based renewable solutions should receive equal treatment with on -site systems under laws and policies, from zoning and building regulations, to mitigation programs, rebates and the Federal Tax Code. The benefits of community -based projects accrue directly to individuals who should be treated the same as consumers of other sources of renewable energy. Community -based solutions should complement existing renewable energy programs to increase the amount of clean energy. This will accelerate the adoption of long -term renewable energy by making it easier to obtain, cheaper, safer and longer lasting —a mission we can all support in meeting our environmental needs. Please consider these merits in making decisions that result in fair and equal policies, regulations and incentives and embrace all of the environmental solutions available today, including off -site or community -based renewable energy. The following organizations endorse this message: y F ;n x .�.�"lw PA d >e'.3+ i ::',4.:_r„.,„- �. q � /�� FAY R e M i Aik 0 _ ; 7:-.:..'!* - u�i SOLA ENERGY :i ' � INTE R N ATIONA L \i,j m LU I ROC KY MO �� /�� LAND USE IN Colora Sola E nergy Industries Assoc Colorado Re presentat ive Roge Wilson, District 61 .= C alar ado Gener Assem April 11, 2011 To: Aspen City Council, RE: Off - site community based solar On behalf of Janckila Construction, I would like to encourage the City council to approve the use of this resource as an acceptable mitigation to the City's REMP program. I believe that community based solar meets the objectives of the REMP program and certainly is a better option in many instances than on site renewable energy solutions. As you know, many home sites are not suitable for solar due to their lack of exposure to the sun as well as the space restrictions. A recent experience that we dealt with in Aspen was the aspect of whether or not the PV panels our client wanted to install was aesthetically pleasing to the neighborhood. Off site solar arrays eliminate all of these issues and yet allow our clients to directly off set a portion of their energy consumption as required by REMP. We are currently working with the Town of Snowmass Village on 2 projects to use offsite community based solar panels as a means to mitigate their Re -Op program. Again I encourage the city to allow this use of a newly available clean energy as a way to mitigate REMP. Randy Lake Project Manager Janckila Construction SPECIAL MEETING CALLED FOR EXECUTIVE SESSION i A Date April 11, 2011 Call to order at: m. I. Councilmembers present: Councilmembers not present: Mick Ireland ❑ Mick Ireland Steve Skadron ❑ Steve Skadron Ruth Kruger ❑ Ruth Kruger Torre n Torre Derek Johnson ❑ Derek Johnson 7�/, II. Motion to go into executive session by ; seconded by Other persons present: AGAINST: FOR: 1 Mick Ireland n Mick Ireland N Skadron ❑ Steve Skadron 7 Ruth Kruger ❑ Ruth Kruger 1 91 Torre n Torre _r Derek Johnson ❑ Derek Johnson I1I. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.S. 24 -6- 402(4) (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal ques ions. (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; an instructing negotiators; 1) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney- client com 'cation: The undersigned chair of the executive session attests that the discussions in this executive session were limited to the topic(s) described in Section III, above. // YY 1�� con Adjourned at: �_ illy,