Loading...
HomeMy WebLinkAboutlanduse case.tu.10 Club Cir.0074.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074.2013.ASLU PARCEL ID NUMBERS 273707305006 PROJECTS ADDRESS 10 CLUB CIRCLE PLANNER SARA NADOLNY CASE DESCRIPTION TEMP USE - Cell tower REPRESENTATIVE LIZ WALKER 303 364 7455 DATE OF FINAL ACTION 12.11.13 CLOSED BY DJAMA MARTIN ON: 03/06/2014 } ri fi� sr- �yi � � ��,�,- �„ Eiie Edit Record Na ate 'Farm Reports Format Tab Help 'fj Jump 1 m - muting Status Fees Fee Summar} Blain AcOons Attachments Rooting History Valuation ArchjEng Custom Fields Sub Permits .Parcels v Permit type �slu Aspen Land Use Permit� 0074.2013.ASLU � i —-- I Andress 110 CLUB CIRCLE Apt,`Suite 11.2,3 City ASPEN State CO Zip 61Ei1 Fr Permit Information Master permit Routing queue aslu07 Applied 11?19 2E13 z I Project�` Status pending_ Approved Description 2 MEEK INSTALLATION OF A TENIPOARY L dRELESS FACILITY TO PROVIDE Issued SUPPLEMENTAL COVERAGE FOR THE 2014 t711,,JTER y;GAMES. Closed/Final J Submitted LE AIALKER 303 364'456 CIS Running pays � Expires 11114'2014 Nines Last name MAROON CREEK CLUB h1A Firstt name 1 1 PFISTER CSR ASPEN CO 81611 Phone I ) Address p 3 Applicant [7,Owner is applicant? C Contractor is applicant? Last name AT&T MOBILITY � First name IF 88114°ERNESS DRI��E'OtEST 00 Phone f406I 600-232? Cust r 125482 ddra� 1I I F u!fltlfi Co 80112 Lender Last name First name i j Phone k Address �H rver As enGold6 se an etas 1 o#1 �_. - 9 NOTICE OF APPROVAL For Insubstantial Temporary Use Permit at 10 Club Circle, Legally Described as Lot 51, Maroon Creek Club Subdivision, City of Aspen, CO Parcel ID No. 273502309951 APPLICANT: Liz Walker, Vertical Real Estate Consulting, Inc. OWNER: AT&T Mobility SUBJECT & SITE OF APPROVAL: Temporary Use Permit for Lot 51, Maroon Creek Subdivision, commonly known as 10 Club Circle, involving the erection of a temporary cellular tower, known as Cell on Wheels (COW), from January 14th - January 27th, 2014, as a means of supporting AT&T cellular service during the Winter X-Games event. The Applicant is requesting an extended Temporary Use Permit of 14 days, pursuant to Land Use Code Chapter 26.450, Temporary and Seasonal Uses. SUMMARY: The Applicant has requested a Temporary Use Permit to erect a mobile cellular tower that would serve area AT&T customers during the Winter X-Games from January 14th- January 27th, 2014. The intent is to provide additional mobile cellular and date services for the temporary increase in population for the duration of the X-Games event. The temporary trailer and tower (Cell on Wheels, aka COW) will be located in the parking lot of the Maroon Creek Club. The COW base unit will measure 14'5" in height. The telescopic mast will measure 60' in total height, with two antennas mounted on a telescopic mast at 51.6' and 57.6', respectively. A six foot temporary chain link fence will be erected around the COW, encompassing an area approximately 20'x50'. A transformer on a concrete pad a portable generator will be located inside the temporary fencing. The COW will be located in the southwest corner of the Maroon Creek Club parking lot, occupying approximately six parking spaces. This temporary facility will be in operation 24 hours a day during the requested days of use, save for January 27th, when the COW will be disassembled and removed from the property. STAFF EVALUATION: Pursuant to Chapter 26.450, Temporary and Seasonal Uses, of the City of Aspen Land Use Code, the request has been examined in terms of Section 26.450.030, Criteria applicable to all temporary uses. Staff finds that the request of the tower is acceptable for a limited time period. The facility will have visual impacts on the surrounding area. The proposed use will have no significant impact on traffic, municipal services, or noise levels. The proposed temporary use will provide additional services to the general public during the X-Games event. The applicant has provided verification from the property owner granting permission to operate, and a determination of no hazard to air navigation from the Federal Aviation Administration. Staff approves the operation to begin on January 14th, 2014 and conclude on January 27th, 2014. 1 DECISION: The Community Development Director finds the request for a temporary cellular tower and accompanying trailer to be erected at 10 Club Circle as noted above and in Exhibit `A' is consistent with the review criteria found in Exhibit B, and thereby APPROVES the exemption as specified below. APPROVED BY: - - - - - - - - M13 - - - - - - Chris Bendon Date Community Development Director Attachments: Exhibit A - Approved Site Plan & Elevations Exhibit B - Review Criteria Exhibit C - Application 2 Exhibit A-1 Site Plan TOM eox 001.6 + ALL Wow S(q um.o. NEW loo'All MM CABLC M=INSIDE WWMWN{.L YAVD BE1bmV/CNCC AND M E SA4C TO WK CONCU R C R1E r RCN A CLIPS NY'7=CONWR ON OWDC MV U APPROVACE d y� I.CNGD1-OW 'dJ T —+•T +,N --T--�I PRDPGtt Uwe r NEW ATN COW (gPROPLRIY WE LDCR1oN RE•C-7.1 (C11 PARIONC 1.oT \ ` PROPHRY uNE 7 7p.. T;. (Z1^XrMR O mom SUILD.0 (D \ o y ^ 9 \ r \\ W \ 2{f} wam+ o e 1 S(TE PLAN � 1 Exhibit A-2 Elevations NEW Cm UT- NETT CDW lfKATF ANb10PID PLAMW BY MUiFORM IF NDT AT&7 ANIPJNS NCW AT&T WOWS 3 i $ n G NEW ATaT COW SND.TCR ON 7RVL@t n At SEPott SKIM ON I RARR NOT AT&T PORTABLE OUNOWMR L.CFA m q WSVe TFNPOWT F NFW TDTP.CK404LM F049 � F(NCF � r •i Y r.c NM CON'UTF-$M 20 I W.PMTF9RN 2 FAST ELEVATION I I SOUTH ELEVATION F3,971 .PST— 2 Exhibit B Review Criteria and Staff Findings Sec. 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. AT&T proposes to locate their Cell on Wheels (CONS unit on the southwest corner of Lot 51 of the Maroon Creek Subdivision, 10 Club Circle. The COW will be located in the Maroon Creek Club parking lot, occupying approximately 6 parking spaces. The body of the unit will measure 14'5" in height, with an extended telescopic mast measuring 60' in height. Two antennas will be mounted on the mast at 51'6"and 57'6'; respectively. A 6' chain link fence will be erected around the unit, comprising an area of approximately 20'x50'. An on-site generator will serve as backup to the operation should power fail, with the main source of power coming from the existing maintenance facility, run to the COW by a 100 pair Telco cable, routed inside the maintenance yard between the fence and material bins, and secured to the inside of the fence by conduit clips. The unit will create a noticeable visual impact on the surrounding area due to its height, which rises approximately 30' higher than surrounding buildings, and its lack for both the body of the unit as well as the antenna mast. However, given the brief nature of the request, Staff finds this an allowable temporary use to support the area event. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The Applicant is proposing to locate the COW in the parking lot of the Maroon Creek Club. The immediate vicinity includes a private club containing a golf course, tennis courts, a fitness center, as well as nearby residential units. The mast of the proposed cell tower reaches a height of 60'1 whereas the buildings in the immediate vicinity are restricted to a height of 28— 33'. Staff does not find the unit to be compatible with the character or structures in the surrounding area, nor the uses in the immediate vicinity. However, due to the temporary nature of this request (2 weeks) and its support of the Winter X Games event located at the Buttermilk ski area, Staff finds this temporary use to be acceptable. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. There are no anticipated impacts in regard to this temporary use on pedestrian and vehicular traffic, traffic patterns, municipal services, or noise levels in the immediate vicinity, unless the primary power source (the on-site maintenance building) is subject to power failure. Should a power failure occur, the on-site backup generator will be used. The COW will be located 1 within a parking lot of the Maroon Creek Golf Course, and will occupy approximately six parking spaces for a period of 14 days. Due to the reduction in visitors to the Club during the winter season when the golf course is closed, Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. This temporary use request is for January 14`h through January 27`h, 2014, in support of the Winter X-Games event. A 14-day temporary use approval was previously granted for the 2012 and 2013 Winter X Games. This will be the third temporary use request of this nature for the Applicant. Staff expects the Applicant will continue to pursue a permanent solution for cellular coverage in this area, and will not be granted a temporary use permit at this site in the future. E. The purposes and intent of the zone district in which the temporary use is proposed. The zone district where the temporary use is proposed is known as Park (P), with Specially Planned Area (SPA) and Planned Unit Development (PUD) overlays. The purpose of the Park zone district is to provide lands for recreation use, without disrupting the uses of surrounding zone districts. Allowed uses include recreational facilities and their accessory uses. Conditional uses include recreation buildings, sport shops, restaurant facilities, maintenance buildings, and farmers'markets. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The proposed temporary use is in the Maroon Creek Club parking lot, adjacent to nearby multi family residences. The COW will not directly interfere with the surrounding residences; however it will create a visual impact on the area as the proposed antenna mast will extend approximately 30'higher than the surrounding buildings. There have been no known changes in recent times to the zone district in which the use is proposed. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Enhancements may be made to the general public's health, safety and welfare in their increased ability to receive cellular signals during a time of heightened activity within the area hosting the Winter X Games. The City experiences temporary population increases at many points throughout the year, and Staff would like to see a permanent solution implemented for this issue. Staff finds this criterion to be met. 2 LETTER OF AUTHORIZATION TO FILE LAND USE APPROVAL 1 ZONING APPLICATION 1 BUILDING PERMIT TO: City of Aspen Community Development Department 130 S. Galena St. Aspen,CO RE: Application for zoning/building permitting As owner of the property described below, I do hereby appoint AT&T and Vertical Real Estate Consulting, Inc., its agents and contractors, as authorized representatives for the purpose of filing and processing any permitting applications for the purpose of constructing a wireless communications site. I understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Authorized Agents: Liz Walker Vertical Real Estate Consulting, Inc. 7436 S. Ivy Way Centennial, CO 80112 O: 303-264-7455 John Kirby, Contractor w/Primus Software Corp. Project Manager 188 Invemess Drive West, Ste. 400 Englewood, CO 80112 Property Located at: 10 Club Circle Aspen,CO 81611 APN: 273502309951 Maroon Creek, LLC. By: ---- -- Its: s Date: 1 I:T Site Name: Winter X Games Temporary Site 2014 Written Description of Proposal and Code Compliance Maroon Creek Club—Temporary Wireless Facility Written Description of Proposal and Justification for Request AT&T Mobility is proposing to install a temporary wireless facility at the Maroon Creek Golf Course parking lot. The purpose of this temporary facility is to provide supplemental coverage for a limited 2 week period only during the 2014 Winter X Games. The Winter X Games is a special event that significantly increases traffic on the AT&T network with 18,000 to 20,000 attendees each day. In order to meet the expectations of those attending the event and residents while maintaining the safety net that wireless coverage provides with respect to emergencies, a supplement temporary facility is necessary. We understand that the City of Aspen is concerned that AT&T is not seeking a permanent solution to this problem. AT&T is seeking a permanent solution and is committed to providing an exceptional level of service for the community and visitors to the area. AT&T has installed several DAS facilities in the area and is currently working with American Tower to install a facility at Buttermilk Mountain pursuant to the Roaring Fork Broadband Coalition RFP issued in 2013. That facility is under construction. The potential for severe weather and the compressed construction timeline create obstacles to having the system fully operational at the time of the Winter X Games even with careful planning and execution. AT&T has evaluated the traffic needs for the ESPN Winter X-Games on (1/23 — 1/26) against the available capacity of the DAS site to be installed at Buttermilk pursuant to the Roaring Fork Broadband Coalition RFP. Working in conjunction with the Coalition's chosen provider, AT&T determined that a Cell on Wheels (COW) is necessary to provide the required capacity for the 20,000 daily visitors. In addition to a high total number of guests, the anticipated network traffic for this younger demographic is higher than normal due to data uploading. Without a supplemental facility, the residents and visitors to Aspen this January will face a dissatisfying experience with respect to their wireless mobile coverage. Additionally, people's safety may be compromised due to the additional traffic and network congestion. Specifically,the temporary wireless facility will occupy approximately 6 parking spaces at the Maroon Creek Golf Course. The permit being requested is for 14 days only and the facility will not exceed 60' in height. The level of impact is minor in comparison to the benefit of meeting visitor and resident wireless service expectations and the enhanced public safety that a robust wireless network provides. AT&T 2014 Winter X Games Temporary Use Application, Page 1 of 4 Code Compliance Section 26.575.130 D (1). Site Plans Site plans that comply with Section 26.575 D.1 have been provided in support of this application. Section 26.575.130 D (2). Site Improvement Survey A site improvement survey has been provided in support of this application. Section 26.575.130 D (3). Landscape Plan Due to the short-term temporary nature and location of this installation, AT&T requests a waiver of this requirement. Also,the area around the temporary site location would not be appropriate for landscaping. Any temporary landscaping in the area of the temporary facility would be environmentally unsound as it would need to be removed and disposed of when the facility is decommissioned after 2 short weeks. For these reasons no landscaping is proposed. Section 26.575.130 D (4). Elevation Drawings and "before and after" Elevation Drawings have been provided in support of this application. Section 26.575.130 D (5). Lighting Plan and photometric study. No lighting is being proposed and due to the limited scope of this installation, its remote location, and a desire to minimize the aesthetic impact AT&T is requesting a waiver of this requirement. Section 26.575.130 D (6) (a) - (d). Structural Integrity. A letter confirming the structural integrity of the project will be provided upon request. A shared use facility is not being proposed. Section 26.575.130 D (7)(a). FAA Coordination AT&T has filed the sites with the FCC and the Aeronautical Studies are pending. Section 26.575.130 D (7)(b). FCC Coordination FCC filing documentation will be provided when available. Section 26.575.130 D (8). Efforts to locate on existing facility AT&T was unable to locate this installation on an existing facility as this is a temporary cellular facility. AT&T has sought locations within the county on Aspen Ski Co. property and no location is available due to the space being contractually obligated to ESPN. AT&T has approached ESPN for permission to use space,but ESPN is unable to offer space due to its own equipment needs and possible RF interference. Section 26.575.130 D (9). Signed affidavit None provided. This facility is a temporary facility dedicated to providing improved service to this property during a brief period of time for a special event. Since it is not a typical wireless facility,this requirement is not applicable. AT&T 2014 Winter X Games Temporary Use Application,Page 2 of 4 Section 26.575.130 D(10). Knowledge of Long Term Plan for City If requested by the City, AT&T is willing to discuss its long term plans. All long term planning by AT&T have been subsumed by the Roaring Fork Broadband Coalition Master Plan at this time. The DAS being installed at Buttermilk is an intermediate solution pending a full solution implementation by American Tower in response to the Roaring Fork Broadband Coalition RFP. AT&T's understanding is that the provider plans to begin construction on the permanent solution that offers greater capacity in May of 2014. AT&T does not control the timeline for when the permanent system will come on air. Also attached is an Aspen Daily News article discussing the long term plan, the RFP and the challenges the carriers have experienced in locating sites in the area. The article emphasizes the benefits of wireless service including"meet[ing] both health and safety and economic development needs..." (Page 2 of 3). Section 26.575.130 E(1). Prohibitions Lattice Towers: a lattice tower is not being proposed. The facility being proposed is a temporary wireless structure. Section 26.575.130 E(2). Site Selection Preference The proposed temporary facility will be located where existing structures provide the greatest amount of screening to minimize visual impact. Section 26.575.130 E(3). Interference The proposed facility will not interfere with any other wireless services. This site has been chosen to minimize potential interference to ESPN during the X-Games. Section 26.575.130 E(4).Airports and Flight Paths The proposed facility will not interfere with airports or flight paths. A letter of coordination with the airport has been provided as well as FAA filing documentation to evidence no interference. Section 26.575.130 E(5). Historic Sites and Structures The proposed facility will not negatively impact historic sites or structures. It is located significantly apart from Aspen's historic district. Section 26.575130 E(6). Public Building,Structures and Right-of-Ways This facility is to be located SW corner of the Maroon Creek Club parking lot. Section 26.575.130 E(7). Co-location Collocation was not possible due to the temporary nature of this installation and the fact that the Buttermilk system is under construction on a compressed timeframe. Colocation could slow the construction process under way creating additional delays to the permanent solution. Section 26.575.130 E(8). Maintenance The proposed site will be properly maintained in a safe, clean manner. Section 26.575.130 E(9).Abandonment or Removal There is no existing facility to be removed at this time. The site will be completely removed at the end of the time period for which the site is approved. AT&T 2014 Winter X Games Temporary Use Application,Page 3 of 4 Section 26.5 75.130 E(10). Conditions and Limitations AT&T shall comply with any conditions and limitations as imposed by the City. Section 26.575.130 F(1) (a) - (d). Setbacks This facility will be in compliance with all setback standards set forth. Section 26.575.130 F(2) (a) - (e). Height AT&T is requesting that the temporary wireless structure be installed at a height of 60' in order to meet the coverage objectives. The temporary nature minimizes the visual impact. Section 26.575.130 F(3) (a) - (e).Architectural Compatibility As this facility is temporary and not attached to an existing structure,no other architectural considerations are proposed. Section 26.575.130 F(4) (a) - (d). Compatibility with the Natural Environment This temporary facility will not have any impact on the natural surroundings. All existing vegetation and view planes will be preserved. This facility will comply with all FCC regulations concerning maximum radio frequency and electromagnetic frequency emissions. Section 26.575.130 F(5). Screening This temporary facility will be screened by existing structures and secured by a temporary chain- link fence. Section 26.575.130 F(6). Lighting and Signage There is a basic security light on the temporary mobile equipment unit. No other lighting or signage is proposed. Section 26.575.130 F(7). (a) —(c)Access Ways The facility will not block any access ways as it will be located within existing parking spots. AT&T 2014 Winter X Games Temporary Use Application,Page 4 of 4 Pitkin County considers easing rules on cell towers Pagel of 3 MUIR Published on Aspen Daily News Online (http://www.aTendailynews com) Pitkin County considers easing rules on cell towers Writer: Chad Abraham Byline: Aspen Daily News Staff Writer Towers that exceed Pitkin County's current 40-foot limit could be built starting next year in an effort to boost cell phone and broadband service and bring it to places with no coverage. County commissioners Tuesday said they are willing to consider more flexibility in the land-use code, a change aimed at enticing more cell phone carriers and companies that build towers to come to the area. With cell-phone use booming—nearly 70 percent of 911 calls to local emergency dispatchers are made from mobile devices, a county memo says—the code currently limits towers to 40 feet and mandates that they be 200 feet from a residence. The height restriction is particularly limiting for tower-building companies because a 40-foot structure only has capacity for one cellular and broadband carrier, said Lance Clarke, assistant community development director. "What we have learned definitively is that our code currently, which was a very cautious code when it was written in 2006, is really a disincentive,"he said. "It just makes these folks say, `We'll spend more time in some place else because Pitkin County is really too difficult ...... Along with Assistant County Manager Phylis Mattice, he presented eight examples of locations where new towers could be built,possibly as soon as 2014. They range from El Jebel and Snowmass Village to the Maroon Bells and east of Aspen. Those sites were identified by the American Tower Co., which was chosen in a request-for- proposals process by the county in conjunction with the valley's Broadband Coalition. The coalition includes the Aspen Skiing Co., the towns of Snowmass Village and Basalt,the Roaring Fork Transportation Authority and the U.S. Forest Service. The 40-foot limit is appropriate in some spots, but taller towers in places that already have industrial infrastructure could potentially be appropriate,Mattice said. "Our code really encourages a lot of towers that are short versus [fewer] towers that are a little taller,"she said. Commissioner Steve Child said perspective is everything—up to a point. Whether a tower is 40 or 80 feet tall might not make a difference if one can't tell its true height http://www.aspendailynews.com/print/I59822 11/16/2013 Pitkin County considers easing rules on cell towers Page 2 of 3 from a distance,he said. Commissioner Michael Owsley said he agreed that some changes to the land-use code are needed to meet the goal of universal wireless service. The goal meets both health and safety and economic development needs, he said. "These days people just can't be separated from their communication devices,and our economy depends on people who are tied in closely"to the gadgets, Owsley said. "Having a code that allows that to happen is the right thing to do." New towers, regardless of their height, must undergo review by the county commissioners,though Clarke suggested possibly changing that requirement for structures 40 feet or under to better lure firms that build the infrastructure. Special review by the county could be reserved for proposed towers over 40 feet, which would give the company the chance to explain the need for greater height and allow neighbors the chance to express concerns at a public hearing, he said. Commissioner George Newman said he was concerned that American Tower's proposed sites excluded the Crystal and Fryingpan river valleys, both of which he said don't have any cell service. "It looks like they're sort of taking the low-hanging fruit here,perhaps what is easiest for them ... to build and to secure contracts on," he said, "versus more of a need [for] areas that are not getting any service at all." Mattice said she pointed out those valleys to American Tower, which she said will study them for sites. County Manager Jon Peacock said there are areas in the county for which there is already a market incentive for cell service. But those areas aren't getting the service, partially because of the county's regulatory environment, he said. "However it's less likely ... that there would be the same kind of market incentives to develop the infrastructure and attract carriers to serve"remote areas,Peacock said. That could lead the county to provide additional incentives,perhaps by helping fund construction costs,to bring service to areas like Redstone and Meredith. The county could also require a company seeking to build a tower that exceeds the code to provide service to more remote places. Commissioners Rachel Richards and Rob Inner also said they would support potential land-use code changes. But Richards said she would want to see mitigation standards, like cosmetic screening of towers and their proximity to homes, discussed when the county reviews a new tower. If a company wants to exceed the 40-foot height limit,the tower would have to move farther away from homes, Richards mused. http://www.aspendailynews.com/print/i 59822 11/16/2013 . Pitkin County considers eas6rules on cell towers Page 3 of 3 4 "There are a lot of twists and turns in solving the problem,"Mattice said. chadna aspendailynews.com[1] Add Image: i •,4_ M Photo Credit with Byline: Chris Council/Aspen Daily News Photo Caption: A cellular tower disguised as a tree can be seen from Castle Creek Road,near the Castle Ridge apartment complex. County commissioners are considering allowing taller cell phone towers to enhance local coverage. archive—date: 1 day Source URL: http://www.aspendailynews.com/section/home/159822 Links: [1] mailto:chad @aspendailynews.com http://www.aspendailynews.com/print/159822 11/16/2013 Code Compliance Section 26.450.030 Criteria Applicable to All Temporary Uses Maroon Creek Club—Temporary Wireless Facility A. The location, size, design, operating characteristics and visual impacts of the proposed use. The location of the proposed facility is in the SW corner of the Maroon Creek Club parking lot. Size, design, operating characteristics and visual impacts are detailed in the site plans and photo simulations provided in support of this application. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed temporary facility will be located adjacent to existing operations structures. These structures will provide adequate screening of proposed facility. Photo simulations are provided in support of this application. Maintaining a strong communications network during busy and high demand times is absolutely critical for safety of the community and visitors to the area. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The proposed temporary facility will have no impact on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels or neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure,parcel,property or location as proposed in the application. Duration of the proposed temporary use is from January 14—January 27, 2014. E. The purpose and intent of the zone district in which the temporary use is proposed. The site is consistent with the zoning of the property. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. No zoning change is being proposed. This proposed location is the best site in the area to provide this critical coverage. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The proposed temporary use site will improve wireless coverage during the Winter X Games when in excess of 20,000 visitors per day are in the area. This site will not have a negative impact to public health, safety or welfare. Improved cellular service will enhance public health, safety and welfare because a reliable communication network is critical for maintaining access to emergency services. Apen Winter X Games Deployment Event Jan 23-26 Deployment Jan 14-28 14-Jan 15-Jan 16-Jan 17-Jan 18-Jan 19-Jan 20-Jan 21-Jan 22-Jan 23-Jan 24-Jan 25-Jan 26-Jan 27-Jan 28-Jan Tuesday lWednesday Thursday 11riday ISaturday ISunday IMonday ITuesday lWednesday IThursday Friday ISaturday ISunday Imondav ITuesday COW Delivery,Placement& Physical Setup(power, backhaul,antenna connections) Cell Site equipment software booting and system integrations to switching center Connectivity testing to surrounding sites and evaluation of coverage area E911 Testing,final site tuning&integration. Also coordination with ESPN technical staff. [Media,Athletes,ESPN&some spectators at pre-event activities Physical setup X-Games Event Integration&takedown Takedown and Haul Away Notes: 1.Each deployment activity has some overlap,but any issues in the preceding event will cause delay to subsequent activities and put the on air target at risk. 2.E911 testing/integration is not to take place during peak weekend traffic in these areas per request from the PSAP centers. 3.COW support should be up and running as media,athletes,ESPN and other support staff begin to arrive. 4.ESPN has specifically requested that area testing&coordination take place with wireless providers.Sufficient time should be granted for this live testing. ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: e +(U o"Q V'- Location: to C(,l o ► r-6 o o o►2e-ID0 (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) 2735 0 x 3 0 1 ? 5 1 APPLICANT: Name: d GJ j Address: I P T ✓ A p t t Ste y©0 0()d' Ca 0 t l Z Phone#: 303 - 2 L'I -7 Lt 55 REPRESENTATIVE: Name: LIZ- vv pt'Kim Address: 743b S. -2 V1f Cert�nnfat C'U �attZ Phone#: 343-2-6u -7 455 TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ® Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. PROPOSAL: (description of proposed buildings,uses,modifications,etc. a Wee-l-i J /LS Ia ( G 0�a� GJ�(2IeSS QV;Ae-- 5u ee lern w 4-0J &v -.--a 41g Z of y (. l nkA X (5'ak S Have you attached the following? FEES DUE:$ Q Pre-Application Conference Summary Attachment#l,Signed Fee Agreement Response to Attachment#3,Dimensional Requirements Form Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Ma✓oo" Cree-K C'�b �"Tew, niaF�► ce(i Applicant: rft /Vla�1lii Location: lo cuA l�p Gig cie, Zone District: P u3- SPA Lot Size: t,05a +ee, - Lot Area: 1, 0 5 0 s,�k a'a -kC (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements,and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: w et Proposed.•_ Number of residential units: Existing: Plt- Proposed: Number of bedrooms: Existing:. /VA Proposed: Proposed%of demolition (Historic properties only): DIMENSIONS: Ala 6-10--�, P'QCPZ)�J MIS -e/vlpa l-a x I i r)s-trA I(at oz-, Floor Area: Existing: Allowable: Propose& Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed.• On-Site parking: Existing: Required: Proposed: %Site coverage: Existing: Required: Proposed: %Open Space: Existing: Required: Proposed.__ Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined FIR: Existing: Required•_ Proposed.• Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed.• Distance Between Existing Required• Proposed: Buildings Existing non-conformities or encroachments: Variations requested: CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny,970.429.2739 DATE: 11/12/13 PROJECT: Maroon Creek Club,Temporary Cell Tower APPLICANT: AT&T,Maroon Creek LLC REPRESENTATIVE: Elizabeth Walker,Vertical Real Estate Consulting,303-264-7455, 1*'1\'er1ic:a1rec.00T11 TYPE OF APPLICATION: Temporary Use DESCRIPTION: The applicant wishes to install a temporary, mobile cell tower for the 2014 Winter X- Games ski season(actual event dates are January 23-26), in a parking area associated with the Maroon Creek Golf Club. A similar tower was in place in 2012 and 2013 during the duration of the Winter X Games. The 2012 tower was eligible for an administrative Community Development approval because of the short installation time. Locating the cell tower for longer than 14 days requires review by the Aspen City Council at a public hearing,which is what the 2013 tower required. City Council can approve a temporary use for up to 180 days. In 2013 the Applicant went before City Council at a duly noticed public hearing to request a temporary permit to allow the same use. At that hearing City Council instructed the Applicant to find a permanent solution to cell coverage issue. The Applicant has indicated that they are working with Pitkin County to find a permanent location for this cellular tower. If approved, the proposed tower would also require a building permit and an electrical permit. Items required for the building permit include but are not limited to: site plan,survey,HOA approval,and structural information. There are certain concerns with installation of wireless equipment that must be considered whether the antenna is temporary or not. The applicant should reference the Wireless Telecommunication Services Facilities and Equipment regulations and address relevant Application requirements and General Provisions. For instance, because the tower will be near the airport, FAA coordination and a letter of compliance from the Sardy Field Airport Administrator will be required. In addition, it must be demonstrated that the tower is located so that, if it were to fail, there is adequate setback from the highway or surrounding structures. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application, Council for determination Public Hearing: Yes, City Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional staff time required is billed at$325 per hour)for Council review Total Deposit: $1,300.00 Total Number of Application Copies: 10 for Council review Page 1 of 2 Land Use Code link: http-.ii/kvNvw.asr)enr)itkin.cot-ii,,/I,)eoartnient-s/('oii-iiiiunit',--Dc\,cloi)ilieiit/Plai-iiiiiiv-aryl-Zonini,,,!'Fitle-26- [,..and-IJ se-Code/ Land use application link: htt :///www.asvenvitk i n..coip/Po qa.l.s_,./.O/,doc sC 1 tvr/Colndev,"A r,)I)S%2 Oaiid%2 0 1'ce. s/2 0 1,3%21 Oland%2 Ouse% 210qpp%2 orm-pdf OL___ — To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements,affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2"x 11"vicinity map locating the subject parcels within the City of Aspen. 8. Existing and proposed site plan, landscaping plan, and parking plan. 9. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. 14. Applications shall be provided in paper format(number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk(CD)-preferred,Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. !R _ i f ry , ! � R �4 � ..., � v � ". '._.—y. . � �. f t r, �, � �: .. - �: t � i r �y ,,: };� :J ... • 1JJ �.d� � r r t._ ,y., \ .�• ;ISM -ci €' ��a...... ...-„ ��; ._� t i 4 �� - �f "" .,�'" �'r� �r .'.Y (E) TELCO H-FAME AND TELCO BOX NOTE: X148 \ ALL WORK IS (E) U.N.O. e ' aut T \ST�f 1178 INVERNESS DRIVE WEST SUITE 400 NEW 100 PAIR TELCO CABLE ENGLEWOOD. CO 80112 ROUTED INSIDE MAINTENANCE YARD BETWEEN FENCE AND MATERIAL. BINS, SECURE CABLE TO INSIDE OF FENCE WITH CONDUIT CLIPS VERTICAL REAL ESTATE CONSULTING,INC. NEW TE-00 CONDUIT ON GRADE OVERALL APPROXIMATE LENGTH - 600" z \ J \ PLANS PREPARED I a CS.Al 5�466'-3" T.O. T -T-T-- d T T PROPERTY LINE CNARLEE 1iTECKLV ARCRITECTURE,Ine. ARCHITECTURE - PLANNING - DESIGN 5935 SOU1H ZANO STREET.SUITE 280 �(E) PROPERTY LINE (TYP) NEW AT&T COW uTTLFnM,8303.93.9 80127 o LOCATION RE: C-1.1 OFFICE 303.9329974 FAX: 303.9328581 N' PROJECT NO: °�- DRAWN BY: SGP \ o (E) PARKING LOT CHECKED B1': CS i \ ^O0 t 597'-0" T.O. PROPERTY LINE ==7 —' NEW METER AND DISC. SWITCH AT (E) XFMR O \ GRADE RE: ELEC. \ ° Z A 1110113 In MEW ~ J REV DATE OESQfr00N I aacr ICENSURE O: \ *0 O M ' \ H 0. (E) BUILDING O D D CONSULTANT. \ U M J m \ SITE NAME: U o / \ WINTER X—GAMES COW \ / 10 CLUB CIRCLE x \ ASPEN, CO 81611 / \ COW c SHEET TITLE: / \ EXISTING& PROPOSED N - - SITE PLAN SHEEP NUMBER: m S? 910 NORTH c/y 1 SITE PLAN 1s a' 0 l a SCALE: v aut 188 9JVERNESS DRIVE WEST SUITE 400 ENGLEWOOD. CO 80112 VERTICAL REAL ESTATE CONSULTING,INC. NEW CDMI LITE-POLE ANCHORED NEW CDMI BY PLATFORM LITE-POLE ANCHORED BY PLATFORM PLANS PREPARED Y CSAi NEW AT&T ANTENNAS CHARLES STECKLY ARCHITECTURE,Irrt. NEW AT&T ANTENNAS ARCHITECTURE - PLANNING - DESIGN 5935 SOUTH ZANC STREET,SUITE 280 L1T11.ETON,COLORADO 80127 OFFICE: 303.9329974 FAX: 3019326561 PROJECT NO: DRAWN BY: SGP CHECKED BY: CS z gii I- I A 1/10/17 co ftNm Q `Z my as DEBOW m � CENSURE O: -. D O p 0 O W O p U � ¢ p LU $I V m p 1 CONSULTANT-.� Ka N NEW AT&T COW SHELTER ON TRAILER SECURITY LIGHT NEW AT&T COW SHELTER ON TRAILER ; NEW AT&T PORTABLE SITE NAME: 3 GENERATOR LOCATION o INSIDE TEMPORARY NEW TEMP. CHNNUNK WINTER X-GAMES COW ` FENCE E 10 CLUB CIRCLE x o ASPEN, CO 81611 COW oM1 SHEET Tm-E: H f0 �v F.G. ELEVATIONS ° NEW CDMI LrrE-SITE 20 m' TEMP. PLATFORM ON RAISED SHEET NUMBER: a o BASE RE: 1/C-3 ui -0 SCALE: 4' 2' 0 SCALE: C-2 a 2 EAST ELEVATION 4' 1 SOUTH ELEVATION 4' 2• 0 4' 21'-0' FENCE AREA ALL WORK IS (E) U.N.O. f aut ~ NEW PORTABLE GENERATOR 186 INVERNESS ORNE WEST SUITE 400 ENGLEWOOD. CO 60112 X—x—x x—x—x r \ x 0 VERTICAL REAL ESTATE ' ( CONSULTING,INC. x a r I I NEW CONDOR \ ON GRADE --- -----------— v r � \ LANS PREPARM T x CSAI'l—. 't X ARCHITECTURE - PLANNING - DESIGN 5935 SOUTH ZANG STREET,SUITE 280 —————— ———————- NEW ACCESS STAIR LIT1LETCN,COLORADO OM27 OFFlCE: 301932.9974 x x FAX- 303.932.8561 NEW AT&T COW PROJECT NO: _ SHELTER ON TRAILER DRAWN BY: 5GP I FEW TEMP. CHAINUNK � BY. CS gi x x COAX IN CABLE TRAY ON GRADE RE: 2/C-3 � I _ x NEW CDMI LITE-SITE 15 NEW 2"0 EMT I TEMP. PLATFORM ON ELECTRICAL CONDUIT X 00 X LEVELED BASE RE: 1/C-3 ON GRADE — W A 1110113 CD aveN NEW CDMI LITE-POLE DESCRP N W o W o " `� " ANCHORED BY R✓V am 1 2 I W PLATFORM W/ (CENSURE O: I c°l1 I I ANTENNAS RE: C-2 WOOD FENCE I I ( ASPHALT PARKING LOT---� WX ———— ——— ——— _ X W I 10 , L x i ONSULTANr c x—x—x—x--x— x I W M -6 w BALLASTED BASE a TRANSFORMER 20'-0" 1 W ON CONC. PAD RAISED TIMBER BASE 2 H—FRAME W/ 200A PANEL SITE NAME: i do 30 METER #93362 RE W c 2/C-3 W EDGE OF CURB WINTER X—GAMES COW 4 W 10 CLUB CIRCLE I DISC. SWITCH METER AND 3 ASPEN, CO 81611 £ COW i to SHEET TrtLE�� ,Q ENLARGED SITE PLAN & IN PARKING PLAN SHEET NUMBER: w W NORTH c- Ll° ENLARGED SITE PLAN a SCALE: 18' 8' 0 i6' f Site Detail Lease Area/Access&utility Easements Title Report LEASE AREA ORDER N : LINO RILE CINNNIEE EDIPNII' T Scale: 1" = 20' ORDER NO.:MT62OD1844 BERG A OF M AREA LANG WITHIM A DO BEN OF LOT St,MAROON CD EEC DESCRIBED EFFECTVE M7E:OCTOBER 3,2012 GOUT/ PngR STATE LroIEPARIWLAARLY RECESS SERVICES Fouaws: CaNO+CINO AT THE WESTERLY MOST CORNER OF SAID LOT 51;THENCE MONO THE Ey Legal Description 001 WESTERLY LINE OF SAID LT.S41-45'14'E,670.66 FEET;THENCE N21.16'03'E, 461.15 FEET TO THE POINT OF BEIWNWNO;THENCE NOVA YE,50.00 FEET; LOT 51,MAROON CREDO CLUB,AS SHOWN ON THE FINAL PUT AND PLM FOR MAROON CFW CLUB, THENCE S89'S3'487,21.00 FEET;THENCE SOBO6'121*,RLOO FEET;THENCE / RECORDED NOVEMBER 15,1993 IN PUT BOOR 33 AT PAGE PUT,STATE OF COLORADO PROJECT INFORMATION: X89'53'481*,21.00 FEET 10 THE POINT OF BEGINNING. RD GONAD"1,050 SO.Fr.OR 0.024 ACRES MORE OR LESS. >'y,.. WINTER X-GAMES COW Jx� H,gRMOiyy � ., Ta«raL ` 10 CLUB CIR. Assessor's Parcel NO. ASPEN, CO. 81611 TELEPHONE Ac�sS N/A COUNTY OF PITKIN PCOCSTA CURRENT ISSUE DATE: i Easements 7W-1 „ L °i�� Vicinity Map -N.T.S. SEE SHEET LS2 10/19/12 Line Legend ISSUED FOR: -9U6ECT PARCEL BOLR63ARY LINES -SECTION IDES DESIGN -ADJORM PARCEL BOLMM LINES I °DSEMEKT LIES REV.:=DATE: ISSUED FOR: BY: =RIGHT OF WAY LINES SUBMITTAL ••••••••••••••••••• -FLOOD PLANE LANES D 10/10/12 JT i 4smn IBI8951�1 I =BAABED WERE FENCE ADDED TITLE P.EPati =CWAWLNK FENCE 1 10/19/12 JT UNDERGIdoLNa ELECTRIC LINES Geographic Coordinates as Shown . —� �— WIDEROROLIND OAS LINES 1983 DATM LATITUDE 39'12'29.16'11 LONGINDE 106'51'28.141* I -OVFAFEAD ELECTRIC LINES �,,, I g g -DIRDERGROU D SANITARY SEM LINES of Survey =tMERMUND TELEPHONE lAE5 OCTOBER 4,2012 - - -U6IERGRDLIND WATER LINES Basis of Bearings °vs I THE COIAPADO STATE PLANE MORDWIATE SISTEM,CDIIRAL ZONE(NAO83). i Boundary Detail CLASSIFICATION w�IN MAIN M I I TRIAD 5.0 cm-1:10,000 i ;&526R i Scale: 1" = 100' Bench Mark — OPS OBSERVATION UTBIZRIG NOS CORS STATIONS PROCESSED URMM THE OPI1S MR i I I ELEIWION=5812.5 FEET(NAO 88),AS SHOINN i I PLANS PREPARED FOR: \ I I � I (7dSS6N57 I CSAI I I a` i a1wEUr Inc. 6AentrR6�4oR6awo HM*a Sa9�T.B E HAR.iip,Ny RD Legend II 21.00' PROPOSED . O CONCRETE PA+EAIENT AIG NAl11RAl(I101110 CONSULTANT: LEASE AAEA 1 L0"� J� CONCM TREE PAWIG BOLLARD DIAMETER Pm POINT OF CONOG CAL VADA I POC PONT OF wMwE1NCF>Q4r ` r '♦�F1 ;; I I DEpDUOUS TREE —RE— OVERHEAD ELECTRIC LINE S 'I as4�i GEOGRAPHIC COORDINATES EDGE OF ASPHALT �•' POWER PRE SUAVEYINCi, INC. °n I I AF FINISHED FLOOR Les An I Denver LOT.= 39'12'29.16"P.I (NAD83) I FS FINISH SURFACE R.o.NL F0ff OF WAY LONG.=106'51'26.14"W PROPOSED --J. FIRE WYMANT ® SEWER MWOIE m)Ni0-J303 LEASE AAEA F' FIN LINE SIGN POST kc IIIO)J�-13% I \ TELEPHONE LAIR PEDESTAL ) (2,1.5-8132) NB9�3'<B" I P� a FOUND MONUMENT AS NOTED STREET LIO T'EDESTDA www.calveCa.com 800 CAALVVADAO 16 �.�' FOUND SECTION MONUMENT R m AGFORAAER I GEOGRIWHIC LOCATION TYP TIPICA DRAWN BY: CHK.: APV.: \ t CAS METER S WATER VALVE N CRE�K 1�Kl'1B � • DINIG4TION CONTROL VALVE 1 WATER VALVE JT JAL JAL Rom i MARpo Y OF pU pO 1l UCENSURE: D cOU�oF cod / BUILDING I z a C C � .c L. �, >N CD Certificate of Survey THIS IS TO CERTIFY THAT THIS TOPOGRAPHIC MAP AND IMPROVEMENTS SHEET TITLE: ,J.rnsl BUILDMIG V / w SHOWN ARE CORRECT TO THE BEST OF MY KNONEEDGE AND BEUET, TOPOGRAPHIC Z v� LOT 52 `� I JESUS A LUGO, PAS 38081 SURVEY GRAPHIC SCALE Gi C \ 7HlS DOES NOT REPRESENT A AKINUMENTED SURVEY SHEET NUMBER: REVISION' 20 0 10 20 j H GRAPHIC SCALE REFERENCE IS MADE ED A COWKTAENT FOR BILE INSLIPANLE,NLLW ACT62OD494.ISSUED BY ¢ LAND TOLE WARANIEE COMPANY,AND HAWC AN EFFECTIVE DATE OF OCTOBER 3,2012.THIS ¢,I \ 100 0 50 100 SURVEYOR PAS MAINE NO WaVATAON OR NDEPENOENT SEARCH FOR EASEMENTS OF R13COM V ACCURATE AND CURRENT TIT COVENANTS, Y DIS OWNERSHIP TALE ENDENCE LE ANr OTHER FACTS D N! FEET BUILDING FEET ACCURATE CI CLIRRENT NE SEARCH MAY DISCLOSE.THE WDENC'S LEGAL r DESCRIPTION AND RECORD BOUNDARY ARE SHO*RI HEREON FOR REFERENCE ONLY TB SLINIEV DOE'S NOT CONST111JEE A 11OLINIM SAM OF M LESSORIS PROFIT* SHEET 1 OF 2 SHEETS 12163 Title Report PREPARED BY 62 TIDE Y/001NFE COMPANY AT&T ORDER NO.:ACTS Report EFTFCTNE DATE OCTOBER 3,2012 WRELESS SERVICES Legal Description LOT 51,MAROON CREEK CLUB.AS SHOWN ON THE FINAL PLAT ARID PUD FOR MAROON CREEK CLUB. ROJECT INFORMATION: RECORDED NOVEMBER 15,1993 IN PLAT 8001Y 33 AT PAGE 4 PLAT,STATE OF COLORADO WINTER X-GAMES COW 10 CLUB CIR. ASPEN, CO. 81611 COUNTY OF PITKIN CURRENT ISSUE DATE: 10/19/12 Easements Easements ssuED FOR: I.PoC4{T OF PROPRIETOR OF A VON OR LODE TO EXTRACT AND REMOVE HIS TIRE THEREFROM 21.TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 22,1999 AT SHIDJ D THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREYSES AS RESERVED IN UNITED RECEPTION NO.435797.WIEC6 91BECT fi�ERIY BUT 6 NOT A PIDRA9IE RFY). STATES PATENT RECORDED MARCH 14,1892 N BOOK 55 AT PAGE 21 RECORDED AUGUST 26,1911 DESIGN N BOOK 55 AT PACE lag RECORDED AUGUST 26,1911 IN BOOK 55 AT PAGE 191 RECORDED 22.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION N0.24 RECORDED MAY 04,1998 AT SEPTEMBER 13,1934 N BOOK 162 AT PACE 40D RECORDED JUNE t6,1944 N BOOK 167 AT PAGE RECEPTION NO.416475.(AFFECTS W&W MORN BUT 6 NOT A PIOIiIHE ITI I j] 562 AND RECORDED MAY 20,1953 N 80101(110 AT PAGE 155.(AFFECTS SAM PROPERTY 39 23,EASEMENTS AND RIGHTS OF MAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION,INC.N REV.:=DATE: ISSUED FOR: BY: 6 NOT A PLOTTAI E M34 INSTRUMENT RECORDED DECEMBER B,1999 UNDER RECEPTION NO.4311W.(DOES NOT AFFECT suB3TTAl 2 WET OF WAY FOR DITCHES OR CANALS CONSTRICTED BY THE AUTHORITY OF THE UNITED STATES 918ECT PROEM". Q 10/10/12 JT AS RESERVED N UNITED STATES PATENT RECORDED MARCH 14,1892 N BOOK 55 AT PAGE 21 24.TERMS.CONDITIONS AND PROVISIONS O CONTRACT FOR SERVICE RECORDED FF9RUARY 01,2000 RECORDED WCIIST 26,1911 N BOOT , AT PANE 189 RECORDED WMAST Z8,ERTE N BOOK SS AT RECEPTION NO.440028.(AFFECTS SUELM PROPERTY BUT 6 N07 A ROTME ITE11 t )O/,9/,�2 ADDED TITLE REPORT JT AT PAGE f91 RECORDED SEPTEMBER 13,1934 N 8001(tfi2 AT PACE 400 IECOflDED JUNE i6, } 1944 N BOOK 167 AT PAGE 562 AND RECORDED MAY 20,1953 N BOOK 180 AT PAGE 155. 25.TOM,CONDITIONS AND PROVISIONS OF IRYORAOUN RECORDED NOVEMBER 16,2001 AT WFECTS SUI IEDT PROPERTY BUT 6 NOT A PIOTTABLE W RECEPTION NO 4 60923.(AFFIEC•IS 91BECT PROPERTY BART 6 NOT A PIOTVBE IIEN). 3.MUMS,CONDITIONS AND PRDVIS10N6 OF MAROON CREEK%MM90N(SOUTH)ANNEKATION 26.EASEYENfS,RIGHTS OF MAY AND ALL MATTERS SHOYN ON THE HARMONY DOW PLAT RECORDED RECORDED FEBRUARY 06,1987 IN BOON 41 AT PACE 76,(AFFECTS SAW PROPERTY BUT 6 NOT AUGUST 9.2002 UNDER RECEPTION NO.470608.(DOCIAM IIFGgE), A F1 O1f/BE 1701} 27.TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH O5,2003 AT 4.ALL MATTERS SHOWN ON ANNEXATION MAP RECORDED FEBRUARY 6,1997 UNDER RECEPTION NO. REIEPTION NO.479574.(AFFECTS SIU EM PROPERTY BUT 6 NOT A 170ITABLE WA 401572.(AFFECTS SUBECT PROPERTY BUT 6 NOT A RD1fABE REIQ. 28.TOM,CONDITIONS AND PRDA90NS OF HOLY CROSS ENERGY RIGHT OF WAY EASEMENT 5.EASEMENTS,RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SUBJECT RECORDED MARCH 16,2006 AT RECEPTION NO.521924.(M N07 AFFECT SIMU RAOPFIM PROPERTY RECORDED NOVEMBER 15,1993 N PLAT BOOK 33 AT PAGE 4 AND CORRECTION PLAT 29.TERMS,CONDITIONS AND PROWSKONS OF GRANT OF EASEMENT RECORDED NOVEMBER 03,2008 RECORDED MARION 31,1994 N RAT BOOK 34 AT PAGE 23 AND MAP RECORDED SEPTEMBER 27, AT RECEPTOR NO.553987.WIFICIS SIBECF PNOPERIY BUT 6 NOT A PIMINLE EMI} 6.M UNDER RECEPTION ND.397481. 0M TOT AFFECT AR" REEK CLY). 30.DEED OF TRUST DATED FEBRUARY 08.2012 FROM MAROON CREEK LIMITED LIABILITY COMPANY,A 6.COSIER DECEITURE OF REVERTER COKE,BUT FOR WAR"CREEK CLUB,AHIOH DO NOT COLORADO LIMITED LOAM COMPANY TO THE PUBLIC TRUSTEE OF PION COUNTY FOR THE USE OF CONTAIN A FORFEITURE RAC OR REVERTER CASE;SLIT UAL Oli ANY COVQFAMILI OR STATUS,MAr4TA F WCTRA BANK COLORADO,NA TO SECURE THE SUM OF 67,000,000.00,AND ANY OTHER AMOUNTS AA,BASED UPON RACE,COLOR,NATIONAL T,SEX,ANCESTRY,ORIENTATION,FAMILIAL ZINC STATUS, ET FO PAYABLE UNDER THE TENS THEREOF,RECORDED FEBRUARY 06,2012•UNDER RECEPTION NO. STATUS,OBLE STATE OR FE,NATIONAL OAECNP TO TIIAY,EXTENT T THAT SAID INCOME, I SET FORM 586526 91BJE.T PROPERTY gR 6 TOT A PLOETIBE IE11 N APPLICABLE STATE OR FEDERAL LA115,EXCEPT TO TIC El(IENT THAT SLID CDVE4WT OR -(�� ). RESTRICTION 6 PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSRRUMENT RECORDED DECEMBER 31.FINANCING STATEMENT WITH VECTRA BAR(COLORADO,THE SECURED PARTY,RECORDED FEBRUARY PLANS PREPARED FOR: 02,1993,IN BOOK 733 AT PARE 598 AO AS AMENDED IN INSTRUMENT PECOROED FEBRUARY 17, 10,2012 UNDER RECEPTION NO.586635, 1994,N BOOK D THIRD PAGE 83 ENT SECOND JULY EM RECORDED JUNE& T P N BOOK D SAID D®OF TRUST WAS MMER SECURED BY ASSIGNMENT OF RENTS RECORDED FEBRUARY 08, AT PATE AN AND MND NEHUMENT AIM RECORDED JULY JL 196,IN BOOK 755 AT PAT 883 A59 2012.UNDER RECEPTION NO.58627.(APPEM SAM PROPM aIT 6 NOT A ROnW RER)• AMENDED AND RESTATED THIRD HE O DENDYENT 66012. J 6 26, RE N BOO(.3 AT PAGE 597 CSAi AND FOURTH AMENDMENT RECORDED SEPIEIOER 12.1996 UNDER RECEPIINN N0.396947.(MEETS 32.DEED OF TRUST(AlID OCTOBER 15,1997 FROM YARCOM CHID(LIMITED LIABILITY COMPANY,A SAM PROPERTY BUT 6 TOT A PORTAGE REM). COLORADO LIMITED LABMY COMPANY TO THE PUBLIC TRUSTEE OF RTION COUOY FOR THE USE OF 7.TERMS,CONDITIONS AND PROVISIONS OF DEOARATON OF RESTRICTIVE COVENANTS RECORDED TEXTRON FYIANCML CORPORATION TO SECURE THE SUM OF 115,000.000.00.AND ANY OTHER DECEMBER 22 1993 IN BOOK 736 AT PAGE M.(DOES NOT AFFECT 9EMlCT PROPERTY} MUM PAYABLE UNDER THE TERMS THEREOF,RECORDED OCTOBER 15,1997,UNDER RECEPTION NO.409454. NGII iii�14Y AIBCIfiTBG'RBIIR GPO. 8.TERMS,CONDITIONS,AND PROVISIONS OF WBDNDERS AGREEMENT AS CONTAINED N INSTRUMENT AMENDMENT AGREEMENT N CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 20,1999. LAIT6sPO11.001q O N17P RECORDED NOVEMBER 12 1993,N BOOK 730 AT PACE 606 AND AMENDMENT RECORDED MARCH 10, UNDER RECEPTION ND.431337. oi-pegW 4 2000 UNDER RECEPTION NO.441279.W=MW PROPERTY BUT 6 NOT A PwTTABE REM} AMENDMENT AGftEEJENf N CONNECTION WITH SAID DIMMED U TRUST WAS RECORDED AUGUST 31, PAN pBW/aMBY7 9.TERMS,9 CONDITIONS 73 AND AGE 662. OF DENOT*TI MORE O FOR FI ROWS RECORDED NOVEMBER 1999,UNDER RECEPTION ND.435077. 12 1993 N BOOK 730 AT PAGE 662.(006 NOT AFFECT 9AJECT PROPERTY} CONSUL?AN?: AMENDMENT AGREEMENT N CONNECTION ORI SAID DEED OF TRUST WAS RECORDED APRIL 04,2002. I0.REAMS,CONDITIONS AND PROVISIONS Of PUBLIC ACCESS EASEMENT RECORDED NOVEMBER 12, UNDER RECEPTION NO.465963. 1983 N BOOK 730 AT PACE 655.(DO'S NOT AFFECT 95frCr PrO W. SAID DEED OF TRUST WAS FURTHER SECURED By ASSIGNMENT OF RENTS RECORDED OCTOBER 15, CAL v� 11.TERMS.CONDITIONS AND PROVISIONS OF RESOLUTION NO.93-104 RECORDED AUGUST 13,1993 1997,UNDER RECEPTION N0.409455.(KFIMIS SIAW FROM BUT 6 NOT A PLOIDIBE M). N BOOK 721 AT PAGE 245.(NfEC15 9BECT PIOIERRY BITS 6 NOT A FtOiTABE REM} 33.DEED OF TRUST DATED NOVEMBER 12 1996 FROM MAROON CREEK UMRED LIABIITY COMPANY, SURVEYING, INC. 12 TERNS,CONDITIONS AND PROVISIONS OF MAIM EASELIXI RECORDED NOVEMBER 12 1993 IN A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF P(1KIN CONEY FOR THE USE L..Angeles•Den BOOK 730 AT PACE 690.WFMIS STUB t PIDPERIY BUT 6 NOT A FtBTnBLE 9%, OF CAROLINA FIRST BANK TO SECURE THE SUM OF 14,900,000.00.AND ANY OTHER AMOUNTS msR s Ito..".MA.665 11 TERMS,CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, PAYABLE UNDER THE TERMS THEREOF,RECORDED NOVEMBER 27,1996,LNDER RECEPTION N0. EN-4w w 80,11 1993 N BOOK 730 AT PAGE 797.(AFFELIS SUBEL'T PROPERTY BR 6 NOT A ROMIS E REM). 399473.WFELTS 91BA rT PICIERM BR 6 NOT A PLORABF REM). fh a 0720)4BA-I= Fac (770)4BB-1206 14.TEAMS,CONDITIONS AO PROVISIONS OF ASSIGNMENT AND DESIGNATION OF SUCCESSOR 34.DEED OF TRUST DATED OCIOffR 08,1996 FROM MAROON CREEK LIMITED LABILITY COMPANY.A www.eolvodo.00m•(800)CALVADA(225-8232) OECWRANT RECORDED MAY 11.1994 N BOOK 750 AT PAGE 242.(AFFECTS SAM PROPERTY BIT CO DRADO LIMITED LABRRY COMPANY TO THE PUBLIC TRUSTEE OF PITION COUNTY FOR THE USE OF .roe No,t zt l59 6 NOT A PLOTTABE EE/} CAROLINA FIRST BANK TO SECURE THE SIN OF 14,9DO,OOD00.AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF,RECORDED OCTOBER 16 1996,UNDER RECEP I N NO.398113. DRAWN BY: CHK.:=ARV.: 15.TERMS,CONDITIONS AND PRONSONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21,1997 (AFFECTS saw PIDPERIY BR 6 NOT A RBTABE BEN} AT RECEPTION NO 401986.(AFFECTS 91B,ECR PROPERTY BUT 6 NOT A PI)TIABE RE)d} JT JAL JAL 1&TERMS,CONDITIONS NO PROVISIONS OF TRENCH,CONDUIT,AND VAULT AGREEMENT GRANTED TO I4OLY CROSS ELECTRIC ASSOCIATION RECORDED JULY 11,1994 AT RECEPTION N0,371946.VIFFEEZ ICENSURE: W&W PROPERTY BUT 6 TOT A PLOfTABE BEM). IT TERMS,CONDITIONS AND PROVISIONS O ASSIGNMENT OF ROW MAINTENANCE AGREEMENTS RECORDED SEPTEMBER 03,1996 AT RECEPTION NO.396644.(AFITCIS 96ECT PROPERTY BR 6 MDT A PLO TAB E RTW. I&TERNS,CONDITIONS AND PROVISIONS OF INSUBSTANTIAL POD AMENDMENT RECORDED DECEMBER 19,1996 AT RECEPTION NO.400129.(IRELTS SOBER PgOPERIY BUT 6 NW A PLOTTABLE REM). 19.TERMS,CONDITIONS AND PRONSONS OF ORDINANCEI 34,SERIES OF 1996 RECORDED FEBRUARY 21,1997 AT RECEPTION NO.401985.(AFFECTS WSW PROPERTY BUr 6 NOT A ROTfIBE DOT} 20.TERMS,CONDITIONS AND PROVISIONS OF ORDINANCEf 40,SERFS O 1996 RECORDED APRIL 08• 1997 AT RECEPTION NO.403224.(AFfECM 9BJECT PROPERTY BUT 6 NOT A POTABLE . SHEET TITLE: TOPOGRAPHIC SURVEY SHEET NUMBER: REVSic,^,r- LS2 1 SHEET 2 OF 2 SHEETS 12163 Land Title Guarantee C ny CUCUSTOMER DISTRIBUTION Date: 10-11-2012 Our Order Number: ACT62004844 Property Address: 10 CLUB CIR ASPEN CO 81611 VERTICAL REAL ESTATE CONSULTING INC. 7436 S IVY WAY CENTENNIAL,CO 80112 Attn: LIZ WALKER Phone: 303-264-7455 Copies: I EMail:liz@verticah-ec.com Sent Via EMall H you have any inquiries or require further assistance, please contact Commercial Tide-Linda Stafford Phone: 303-850-4180 Fax: 303-393-4824 Foffi DWarvMr.LP LTG Policy No. LTAQ62004844 Form PIB/ORT CELL TOWER INFORMATION BINDER Our Order No. ACT62004844 Liability: $75,000.00 Fee: $750.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation,herein called the Company, GUARANTEES VERTICAL REAL ESTATE CONSULTING INC. herein called the Assured,against loss,not exceeding the liability amount stated above,which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of October 03, 2012 at 5:00 P.M. 1.Title to said estate or interest at the date hereof is vested in: MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 2.The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ62004844 Form PIBIORT Our Order No. ACT62004844 3.The land referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: LOT 51, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB, RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4, PLAT, STATE OF COLORADO 4.The following documents affect the land: 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 14, 1892, IN BOOK 55 AT PAGE 21, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191, RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400, RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562,AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 14, 1892, IN BOOK 55 AT PAGE 21, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191, RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400, RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562, AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155 3. TERMS, CONDITIONS AND PROVISIONS OF MAROON CREEK SUBDIVISION (SOUTH) ANNEXATION RECORDED FEBRUARY 06, 1997 IN BOOK 41 AT PAGE 76. 4. ALL MATTERS SHOWN ON ANNEXATION MAP RECORDED FEBRUARY 6, 1997 UNDER Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT LTG Policy No. LTAQ62004844 Our Order No. ACT62004844 4. The following documents affect the land: (continued) RECEPTION NO. 401572. 5. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SUBJECT PROPERTY RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 AND CORRECTION PLAT RECORDED MARCH 31, 1994 IN PLAT BOOK 34 AT PAGE-23 AND MAP - RECORDED SEPTEMBER 27, 1996 UNDER RECEPTION NO. 397484. 6. MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 02, 1993, IN BOOK 733 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 17, 1994, IN BOOK 742 AT PAGE 83 AND SECOND AMENDMENT RECORDED JUNE 8, 1994 IN BOOK 752 AT PAGE 754 AND THIRD AMENDMENT RECORDED JULY 19, 1994 IN BOOK 755 AT PAGE 883 AND AMENDED AND RESTATED THIRD AMENDMENT RECORDED JULY 26, 1994 IN BOOK 756 AT PAGE 597 AND FOURTH AMENDMENT RECORDED SEPTEMBER 12, 1996 UNDER RECEPTION NO. 396947. 7. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF RESTRICTIVE COVENANTS RECORDED DECEMBER 22, 1993 IN BOOK 736 AT PAGE 335. 8. TERMS, CONDITIONS, AND PROVISIONS OF SUBDMDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 12, 1993, IN BOOK 730 AT PAGE 606 AND AMENDMENT RECORDED MARCH 10, 2000 UNDER RECEPTION NO. 441279. 9. TERMS, CONDITIONS AND PROVISIONS OF DEDICATION AGREEMENT FOR ROADS RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 662. 10. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC ACCESS EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 655. 11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 93-104 RECORDED AUGUST 13, 1993 IN BOOK 721 AT PAGE 245. 12. TERMS, CONDITIONS AND PROVISIONS OF AVIGATION EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 690. LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4. The following documents affect the land: (continued) 13. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 797. 14. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT AND DESIGNATION OF SUCCESSOR DECLARANT RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 242. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401986. 16. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION RECORDED JULY 11, 1994 AT RECEPTION NO. 371946. 17. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS RECORDED SEPTEMBER 03, 1996 AT RECEPTION NO. 396644. 18. TERMS, CONDITIONS AND PROVISIONS OF INSUBSTANTIAL PUD AMENDMENT RECORDED DECEMBER 19, 1996 AT RECEPTION NO. 400129. 19. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE#34, SERIES OF 1996 RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401985. 20. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE#40, SERIES OF 1996 RECORDED APRIL 08, 1997 AT RECEPTION NO. 403224. 21. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 22, 1999 AT RECEPTION NO. 435797. 22. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 24 RECORDED MAY 04, 1998 AT RECEPTION NO. 416475. 23. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED DECEMBER 8, 1999 UNDER RECEPTION NO. 438383. 24. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR SERVICE RECORDED FEBRUARY LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4. The following documents affect the land: (continued) 01, 2000 AT RECEPTION NO. 440028. 25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED NOVEMBER 16, 2001 AT RECEPTION NO. 460923. 26. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE HARMONY ROAD PLAT RECORDED AUGUST 9, 2002 UNDER RECEPTION NO. 470808. 27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 05, 2003 AT RECEPTION NO. 479574. 28. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED MARCH 16, 2006 AT RECEPTION NO. 521824. 29. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 03, 2008 AT RECEPTION NO. 553987. 30. DEED OF TRUST DATED FEBRUARY 06, 2012 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF VECTRA BANK COLORADO, N.A. TO SECURE THE SUM OF$3,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 586526. 31. FINANCING STATEMENT WITH VECTRA BANK COLORADO, THE SECURED PARTY, RECORDED FEBRUARY 10, 2012, UNDER RECEPTION NO. 586635. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 586527. 32. DEED OF TRUST DATED OCTOBER 15, 1997 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXTRON FINANCIAL CORPORATION TO SECURE THE SUM OF$15,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409454. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 20, 1999, UNDER RECEPTION NO. 431337. LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4.The following documents affect the land: (continued) AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 31, 1999, UNDER RECEPTION NO. 435077. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 04, 2002, UNDER RECEPTION NO. 465963. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409455. 33. DEED OF TRUST DATED NOVEMBER 12, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00,AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED NOVEMBER 27, 1996, UNDER RECEPTION NO. 399476. 34. DEED OF TRUST DATED OCTOBER 08, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 16, 1996, UNDER RECEPTION NO. 398113. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. November 16, 2013 ��'���VIA FEDERAL EXPRESS Ms. Sara Nodolny- City of Aspen NOV 18 2013 130 S. Galena Street, 3rd Floor CITY OF ASPEN Aspen, CO 81611 �,OMMl INITY DEVELOPMENT RE: 2014 Winter X Games Request for Temporary Permit for Wireless Facility at Maroon Creek Dear Ms. Nodolny: This is application is a request to locate a temporary wireless facility at the Maroon Creek Golf Course, 10 Club Circle, Aspen, Colorado for a 14 day period (1/14/2014 — 1/27/2014). Please accept the application fee and attached documents for review by the City of Aspen Community Development Department. Enclosed please find the following: • 1 copy of the fee agreement • A check for the initial application fee/deposit • 10 copies of all other materials provided in support of this application AT&T has evaluated the traffic needs for the ESPN Winter X-Games on (1/23 — 1/26) against the available capacity of the DAS site being installed at Buttermilk pursuant to the Roaring Fork Broadband Coalition RFP. Working with the Coalition's chosen provider American Tower, AT&T determined a Cell on Wheels (COW) is needed to provide the capacity for the 20,000 daily visitors. Additionally, the anticipated network traffic for this younger demographic is higher than normal due to data uploading. The intermediate solution therefore does not provide the robust coverage needed. The COW's placement at the golf course doubles the capacity of the DAS under construction. Without a supplemental facility, residents and visitors face a dissatisfying wireless mobile experience this January. Additionally,people's safety may be compromised due to the traffic on the network. We respectfully and sincerely regret that the development of a sufficient network is taking longer than we all would like. Regardless,AT&T is committed to providing Aspen with an exceptional network wireless mobile experience for residents and guests. The COW is an integral part of that commitment. Thank you for your consideration of AT&T's request. Please let me know if you require anything further. My contact information is provided below. Sincerely, C lZ Liialker 303-264-7455 CC: Ken Malm, AT&T Mobility 7436 S. I v y `7-0 Fat;1 9 2, 3 0. _.. z r�s�-r�5ti � rzt;;�vr_��r'ic.n�..FZ��.co[r; LETTER OF AUTHORIZATION TO FILE LAND USE APPROVAL/ZONING APPLICATION/BUILDING PERMIT TO: City of Aspen Community Development Department 130 S. Galena St. Aspen, CO RE: Application for zoning/building permitting As owner of the property described below, I do hereby appoint AT&T and Vertical Real Estate Consulting, Inc., its agents and contractors, as authorized representatives for the purpose of filing and processing any permitting applications for the purpose of constructing a wireless communications site. I understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Authorized Agents: Liz Walker Vertical Real Estate Consulting, Inc. 7436 S. Ivy Way Centennial, CO 80112 O: 303-264-7455 John Kirby, Contractor w/Primus Software Corp. Project Manager 188 Inverness Drive West, Ste. 400 Englewood, CO 80112 Property Located at: 10 Club Circle Aspen, CO 81611 APN: 273502309951 Maroon Creek, LLC. By: Its: Date: I 1 l 3 Site Name: Winter X Games Temporary Site 2014 e THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 21, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0074.2013.ASLU— 10 Club Circle, Temporary Use Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1. Temporary Use Criteria. Written response to section 26.450.030, Criteria applicable to all temporary uses, need to be submitted. 2. Current proof of ownership. A title report or ownership and encumbrance report that is no older than 6 months from the date of submission is required. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th ou, ennifer Ian, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No 'x— Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No ( Commercial E.P.F. Lodging