HomeMy WebLinkAboutLand Use Case.534 E Cooper Ave.0069.2014.ASLU-=~ ~Tm f WHIMAU ~~' ~m~ UM=Aullt Ii„„IM*~ No. 68215 of]~~ No. 682141 'i -, €0~Ah.,•#*1..,#2:•f.:%0190*Meiti#k,1.1>.6.Lu,2~ 1/13 . ' ..0. ..1-r-'.M"-7."1~ 2 2,# 0 1 'n UJ Pi K g 62 0 0 3ON ,R 2 -O 4 le& Cl g 1 - LU 534 E COOPER i
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0 . THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0069.2014.ASLU PARCEL ID NUMBERS 354 - PROJECTS ADDRESS 53 E COOPER AVE PLANNER JESSICA GARROW CASE DESCRIPTION RECORDATION DOCS REPRESENTATIVE CITY OF ASPAN DATEOFFINALACTION 11.6.14 DATE OF FINAL REFUND/ NO BILLING- NO REFUND PAYMENT CLOSED BY ANGELA SCOREY ON: 12.16.14
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.. THE CrrY OF AspEN Land Use Application Determination of Completeness Date: August 26, 2014 Dear City o f 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 0069.2014.ASLU- 534 E. Cooper, recordation documents. Sara Adams will be the planner for the land use case. 61 Your Land Use Application is incomplete: Please submit the following 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 o f Aspen Planner reviewing the land use application. ~~Your Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, f IA»Fri//~ Yed.nifei~elan, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes ~ No--~C- Subdivision, SPA. or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging
RECEPTION#: 61§172, 11/06/2014 at 09:10:41 AM, ~ 1 OF 13. R $71.0(-moc Code SUB AGREE Janice K. Vos Caudill, Pitkin County, CO SUBDIVISION AGREEMENT THIS SUBDIVISION AGREEMENT (the "Subdivision Agreement") is made and entered into this 6 day of N N. . 2014, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and BOOGIE'S BUILDING OF ASPEN, LLC, a Colorado limited liability company (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner submitted to the City Applications for Historic Preservation Commission Major Development and Commercial Design Review approval; Free Market Residential, Affordable Housing and Commercial Growth Management Quota System Allotments; and Subdivision Approval (collectively the "Application") for that certain property in the City o f Aspen, Colorado more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"), which Application requested approval to remodel and expand the existing building located on the Property to include one (1) free market residential unit, one (1) affordable housing unit, and 292 square feet o f new commercial net leasable area (the "Project"); and WHEREAS, Section 26.480.070.A of Title 26, Land Use Regulations, of the Aspen Municipal Code, Owner and City are required to enter into a Subdivision Agreement binding the subdivision to any conditions placed on the approval thereof; and WHEREAS, the subdivision portion of the Application requires the approval, execution and recordation of a Final Plat of Boogie's Building of Aspen Subdivision; and WHEREAS, City has fully considered the Application, the Final Plat, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners and has approved same; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application and the Final Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, City and Owner have executed and recorded the Final Plat in Plat Book (09 at Page 1 of 13
.. Page 49 as Reception No& )5 /7.3 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Final Plat"). NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance ofthe Final Plat, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE OF SUBDIVISION AGREEMENT Purpose. The purpose of this Subdivision Agreement is to set forth the complete and comprehensive understanding and agreeinent of the parties hereto with respect to the remodeling and expansion o f the Boogies Building (the "Boogies Building"), its existing affordable housing unit: the addition of a new free-market residential unit to the Building; and to enumerate all terms and conditions under which such activities may occur. ARTICLE II REGULATORY APPROVALS 2.1 Approval Actions. (a) Historic Preservation Commission Resolution No 16, (Series of 2012), approved July 11,2012 and recorded July 26,2012 as Reception No 590891 granted Conceptual Major Development and Conceptual Commercial Design Review Approval for the Project. (b) Planning and Zoning Commission Resolution No. 10, (Series of 2013) approved April 16,2013 and recorded April 29,2013 as Reception No. 599060 granted Free Market Residential, Affordable Housing, and Commercial Growth Management Allotments for the Project and recommended that the City Council grant Subdivision Approval for the Project. (c) City Council Ordinance No. 26, (Series of 2013), approved July 22, 2013 and recorded June 24, 2014 as Reception No. 611345 granted subdivision approval for the Project. (d) Historic Preservation Commission No. 9, (Series of 2014), approved March 12, 2014 and recorded March 20,2014 as Reception No. 608769 granted Final Major Development and Commercial Design Review Approval for the Project. (e) The Development Order for the above described Approvals was issued by the Community Development Department on March 17, 2014, with an effective date of March 20,2014. Page 2 of 13
.. 2.2 Development Order Controls. The provisions of the above-described Approvals, including the Development Order, are incorporated herein and made a part of this Subdivision Agreement. In the event of any conflict between the above-described Approvals and the provisions of this Subdivision Agreement, the Approvals and the Development Order shall control. 2.3 Dimensional Requirements. (a) All dimensions shall meet the requirements of Land Use Regulations in effect on March 30,2012, the date of the initial Conceptual Major Development and Conceptual Commercial Design Review Application. (b) The June 24,2013 approved floor plans for the Project are as illustrated on Exhibit A to City Council Ordinance No. 26, (Series of 2013), a copy of which is attached hereto as Exhibit B. The approved rooftop mechanical equipment plan and building elevations and materials are depicted on Exhibit A to HPC Resolution No. 9, (Series of 2014), a copy of which is attached hereto as Exhibit C. (c) Minor changes to the approved floor plans shall be permitted at building permit application. Areas labeled as "roof" or "rooftop garden" thereon are not permitted for use as a deck. 2.4 Vested Rights. Under Development Order ofthe City of Aspen Community Development Department issued March 17, 2014 with an effective date of March 20,20145 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until March 20,2017, and shall not be altered, impaired, prevented, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on March 12, 2014. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that the site specific plan for the Property consists of and includes. but is not limited to, the permitted size, and configuration of the Project's free-market residential unit, its affordable housing unit, and its commercial spaces, all matters set forth in the various Approvals referenced in Section 2.1 above; the Final Plat; this Subdivision Agreement; and all other documents and plans recorded concurrently herewith. For purposes of this Section 2.4. this Subdivision Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS Page 3 of 13
.. 3.1 The Components of the Proiect. The Project approved pursuant to the Approvals referenced in Section 2.1 above will include the following principal components: (a) A total o f 292 square feet of new Commercial Net Leasable Area within the Boogies Building's basement, ground floor, and mezzanine level. (b) One (1) affordable housing unit containing approximately 700 square feet of net livable area on the Boogies Building's mezzanine level. (c) One (1) free market residential unit containing a maximum of 2,307 square feet of Net Livable Area within a new third-floor addition to the Boogies Building. Owner shall provide one (1) Certificate of Transferable Development Right at building permit issuance. 3.2. Affordable Housing Unit. (a) The on-site, one-bedroom affordable housing unit will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCLIA") Category 3 income and occupancy guidelines. A Certificate of Occupancy for the unit shall be issued prior to or at the same time as a Certificate of Occupancy is issued for the free-market unit. The unit shall comply with the Aspen/Pitkin County LIousing Guidelines. (b) The unit shall be managed by Owner, or its successors and assigns. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction and prior to issuance of a Certificate of Occupancy for the unit. (c) Owner and APCHA stipulate and agree that, in accordance with CRS Section 38-12-301(1)(a) and (b), the deed restriction constitutes a voluntary agreement and deed restriction to limit the rent on the unit and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction violates CRS Section 38- 12-301. (d) If the Owner elects to sell the unit, or if the unit is required to be sold because of noncompliance, Owner shall condominiumize the unit and shall form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit' s association(s). (e) The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Page 4 of 13
.. (f) In the event the rental unit is required to become an ownership unit due to noncompliance. APCHA or the City may elect to purchase it for rental to qualified tenants in accordance with APCHA Guidelines. (g) The Owner shall have the right to rent the unit to tenants qualified under the APCHA Guidelines. I f the Owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the Owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. 3.3. Parking. Owner shall pay a cash in lieu fee for 0.292 parking spaces generated by the Projects 292 square feet of additional commercial Net Leasable Area. The cash in lieu fee shall be calculated based on the applicable regulations in effect at building permit issuance. 3.4 Public Amenity. Owner shall make a cash and lieu payment at building permit issuance of $9,403.50 in lieu ofthe provision of Two percent (2%) of off-site Public Amenity Space. In the alternative, Owner may satisfy the Two percent (2%) off-site public amenity space requirement through actual improvements approved by the Parks, Engineering and Community Development Departments. In the event provided, any off-site public amenity improvements shall be completed prior to issuance of a Certificate of Occupancy. 3.5. Engineering Department Requirements. (a) The Project's design shall be compliant with all sections of Title 21 ofthe Aspen Municipal Code, and all construction and excavation standards published by the Engineering Department. (b) The Project shall be subject to the requirements of the City's Urban Runoff Management Plan. A compliant drainage plan shall be submitted with a building permit application. The plan shall include detention and provision of water quality for the entire Property. In the event Owner chooses to provide a fee in lieu ("FIL") o f detention, it can only be applied to the Property's existing impervious areas. All new impervious area shall be discharged at historic rates. Any detention requirements covered under the FIL option shall discharge directly to the City's storm water infrastructure. (c) As of March 13,2013 the existing sidewalk bordering the Property was in acceptable condition and did not require replacement. The existing curb and gutter was damaged and shall be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities. Owner shall repair the damage as described in Title 21 of the Aspen Municipal Code. Page 5 of 13
.. (d) Due to the proximity o f neighboring properties, an excavation stabilization plan shall be submitted for review and approval by the Engineering Department prior to excavation and with the submittal of a building permit application. (e) The Construction Management Plan shall address mitigation for parking, staging/encroachments and truck traffic. 3.6. Utilities/Electrical. Due to the low, nonconforming roof located above the Boogies Building's existing electric transformer, and its nonconformance with the Electric Codes, it cannot be upsized in place. Owner shall work with the Utilities Department prior to submittal of a building permit application to determine an acceptable location for a new transformer. 3.7. Utilities/Sanitary Sewer. Services shall be contingent upon compliance with the Aspen Consolidated Sanitation District's ("ACSD") rules, regulations and specifications, which are on file at the District office. ACSD shall review the approved Drainage Plan to ensure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. In the event the building contains a restaurant, oil and grease interceptors (not traps) shall be required. The locations of all food processing shall be identified prior to building permit. 3.8. Fire Mitigation. All codes adopted by the Aspen Fire Protection District shall be met. This includes. but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503) and approved fire sprinkler and fire alarm systems (IFC, as amended, Sections 903 and 907). 3.9. Parks Department. (a) Alllandscaping in the public right-of-way shall be subject to the right-of- way landscaping requirements of Chapter 21.20 of the Aspen Municipal Code. All plantings within the City right-of-way shall be subject to City Parks and Engineering Department approval. (b) If a tree is requested for removal, the Owner will be required to receive an approved tree removal permit per Chapter 13.20 of the Aspen Municipal Code, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and /or building permits. Parks will approve a final landscape plan during the review o f the tree removal permit based on the landscape estimates. (c) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on-site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No Page 6 of 13
.. excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on the site. This fence must be inspected by the City forester or his/her designee before any construction activities are to commence. 3.10 Temporary Enclosure Removal. Removal of the existing second-floor deck enclosure shall be completed prior to recordation of this Subdivision Agreement. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. 3.11. Historic Preservation Commission Staff and Monitor. (a) Prior to issuance of a building permit, the Historic Preservation Commission ("HPC") Staff and designated Monitor shall review and approve samples of the Project's building materials including the finish of the metal panels and the color of the sandstone. No shiny metal is permitted. (b) Prior to issuance ofa building permit, the HPC Staff and Monitor shall review the proposed guard rail enclosures around the two proposed mechanical equipment areas on the Boogies Building's roof. The railing shall be the same around the two areas. Owner shall mock up a louvered wall and a pipe railing for Staff and Monitor to review and determine which is appropriate. 3.12. Condominium Map. Upon substantial completion of construction of the Project, and prior to issuance of a Certificate of Occupancy, Owner shall submit a Condominium Map and associated documents to the Community Development Department for review and approval by the City Engineer and the Community Development Director, which Map and documents shall comply with the requirements of Section 26.480.090 ofthe Land Use Regulations. 3.13. Financial and Site Protection Requirements A. Proof of Financing. Before the issuance of a building permit for the development of the property, and as a condition of such approval, 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 Development Order or Development Agreement; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and Page 7 of 13
.. equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project. owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner' s general contractor for review and approval by the City of Aspen Building Department. B. Site Protection Guarantee. Before the issuance of a building permit allowing an Owner to proceed with any phase of a project, and as a condition of such issuance, the owner will deposit with an acceptable Escrow Agent, or other financial security acceptable to the City Attorney, the sum of Twenty-five thousand dollars ($25,000.00) ("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City, to secure recovery of the property and surrounding grounds to a safe condition in the event of a work stoppage, which shall provide as follows: i. In the event construction work on [the project] shall cease for sixty (60) days or longer ('work stoppage') prior to completion of the work authorized by the Foundation/Structural Frame Permit on [the project], then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing [the project] site. surrounding grounds, and improvements from damage by the elements, from trespass by unauthorized persons, and for purposes of improving [the project-] site and surrounding grounds to a safe condition such that it does not become an attractive nuisance or pose a threat to neighbors or other persons. ii. The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. iii. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon substantial completion of the project to a "dried-in" condition. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Protection Guarantee as portions of the project progress and public safety issues are reduced. C. Site Enhancement Guarantee. Before the issuance of a building permit allowing an Owner to proceed with any phase of a project, and as a condition of such issuance. the owner shall deposit with an acceptable Escrow Agent, or other financial security acceptable to the City Attorney, the sum of Twenty-five thousand dollars ($25,000.00) ("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City, to secure recovery of the site and surrounding grounds to a visually acceptable condition and to install public improvements on or adjacent to the project site to a safe condition in the event of a work stoppage, which shall provide as follows: Page 8 of 13
.. i. In the event construction work on [the project] shall cease for ninety (90) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by any permit or phase of permit for [the project], then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of improving the appearance of any construction already completed on or adjacent to the project site and for installing any public improvements on or adjacent to the project site. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as determining the public improvements to be installed. ii. The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. iii. The Escrow- Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection or issuance of a Certificate of Occupancy for the project. or upon an earlier date as agreed to by the City. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Enhancement Guarantee as portions of the project progress and aesthetic and public improvement issues are reduced. 3.14. Material Representations. All material representations and commitments made by Owner pursuant to the development proposal approvals as awarded, whether in public hearings or documentation presented before the Planning and Zoning Commission or the City Council, are hereby incorporated in such plan development approvals and shall be complied with as i f fully set forth herein. unless amended by an authorized entity. ARTICLE IV NON-COMPLIANCE AND REQUESTS FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City shall notify Owner in writing speci fying the alleged non-compliance and asking that Owner remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 days. If the City determines that Owner has not complied within such time, the City may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within thirty (30) days of the receipt of such order, Owner may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or Page 9 of 13
.. (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request. the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied. it may issue such orders as may be appropriate, including the imposition of daily fines until such non- compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however. no order shall terminate any land use approval. The City may also grant such variances. extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE V GENERAL PROVISIONS 5.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 5.2 This Subdivision Agreement shall be subject to and construed in accordance with the laws ofthe State of Colorado. 5.3 If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase. word. or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 5.4 This Subdivision Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Owner, its successors or assigns, may. on its own initiative, petition the City Council for an amendment to this Subdivision Agreement or for an extension of one or more of the time Page 10 0 f 13
.. periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 5.5 Numerical and title headings contained in this Subdivision Agreement are for convenience only. and shall not be deemed determinative o f the substance contained herein. As used herein. where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 5.6 Upon execution of this Subdivision Agreement by all parties hereto, City agrees to simultaneously approve and execute the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Owner. 5.7 Notices to be given to the parties to this Subdivision Agreement shall be considered to be given i f hand delivered or if deposited in the Unites States Mail to the parties by certified mail, return receipt requested, or when sent via facsimile transmission, at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 (Fax No. 970-920-5119) OWNER: Boogies Building of Aspen LLC Attn: Penny 534 E Cooper St Aspen, CO 81611 (Fax No. 970-920-1560) WITH COPY TO: Herbert S. Klein Klein Cote Edwards Citron, LLC 101 S. Mill St. Ste. 200 Aspen, CO 81611 (Fax: 970-925-3977) Page 11 of 13
.. 5.8 This Subdivision Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 5.9 The terms. conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereo f or interests therein. their respective successors, grantees or assigns, and further shall inure to the benefit o f and be specifically en forceable by or against the parties hereto, their respective successors, grantees or assign. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as ofthe day and year first above written. CITY OF ASPEN,;COLORADO, ~Colorado municipal corporation By: ' ' Steve Skadron, Ma~r ~~ A#ABL~ 4.â„¢iclet KA,lel f *]C , City Clerk APPROVED AS TO FORM: james True. City Attorney BOOGIE'*BUILDING OF ASPEN, LLC, a Colorado limited liability company j~.jdwards. III. Special Alkent Page 12 of 13 r-7
.. STATE OF ) )SS. COUNTY OF ) The foregoing Instrument was acknowledged before me this 6 +41ay of Acue,MA e.' ,2014, by Steve Skadron as Mayor and £,nle- Nl (1.0·,A:.13 . as City Clerk of the City of Aspen, Colorado, a municipal corporation. (.} i.) Witness my hand and official seal. ,0.-U-- - - 2 /4, 4 1 e My commission expires: t.< RE I.3 11 J w- -1 5, zo l 6 0 1 014 3 2 4 4/ .1 Notary Pu#tic , dy i, 4-14 .c'. EL it 6 ,# STATE OF CBlonde j p * O 5/,0 · )SS. COUNTY OF P}-1-ki' n ) The foregoing Instrument was acknowledged before me this tl'P' day of Odo bar , 2014 by Joseph E. Edwards, III, as Special Agent of BOOGIE'S BUILDING OF ASPEN, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: tol~39/ao' 5 69-d 404-CM Notary Public LORI MOSCHET NOTARY PUBLIC STATE OF COLORADO 'My Commission Expires 10/29/2015 Page 13 of 13
)cl .24. 2 0 1 4 9 : 1 LA~,4 RECEPTION#: 614879, 10/27/2014 at 02:36:15 PM, 1 OF 1, R $11.00 Doc Code APPOINTMENT Janice K. Vos Caudill, Pitkin County, CO BOOGIE'S BUILDING OF ASPEN, LLC APPOINTMENT OF SPECIAL AGENT The undersigned, being the sole Manager of Boogies Building of Aspen, LLC, a Colorado limited liability company (the "Company") does hereby take the following action: The undersigned, acting under the allthority of C.R.S.A. § 7-80-403(1), hereby appoints Herbert S, Klein, Esq., Joseph E. Edwards, III, Esq. and Kenneth Citron, Egg, as Special Agents of the Company for the following putposes and with the following authority. Each of the Special Agents may act alone and the act of one of the Special Agents shall bind the Company to the extent of the authority granted hereby. Each Special Agent is hereby granted authority to be exercised to bind the Company in the following preinises: to execute any and all documents, including, without limitation, a - -- -Subdivigion--A-gte-ement Wid Sub-diVigiai Plat A-46»§ Re-Fods-* to sUbMit -G thetity of Aspen in order to satisfy the City of Aspen's requirements set forth in City of Aspen Historic Preservation Commission Resolution 16 Series of 2012, Resolution 10 Series of 2013 and Resolution 9 Series of 2014, and Ordinance 26, Series of 2013 of the City Council of the City of Aspen, Colorado, Said Special Agents' authority is limited to the powers granted herein and said Special Agents shall not have any authority to act on behalf of the Company, otherwise. This instrument may be executed iii writing or by legible facsimile or scanned and emailed copy, which shall constitute an original, IN WITNESS WHEREOF, this instrument has been executed by the Company's Atpager as oftly day agl year first above written, ««---rk \AJ ~c-«L Leonard Weinglass A *.1 f STATE OF (_Al!+Ov'luc\ ) ) SS. COUNTY OF _Li-Oct<-e.. ) J e The foregoing instiument was acknowledged before me this 24 day of October, 2014, by Leonard Weinglass as Manager of'Boogie's Building of Aspen, LLC. WITNESS my hand and official seal, [SEAI,] Notary Public My Commission expires: _ 67' 2/1 4 -ge.A. COLIN J. KENNEDY- ~ fr.17& COMM...1987884 0 5&9 NOTARY PUBLIC·CALIFORNIA -1 t)~7 ORANGE COUNTY w BCT-3.-- /3
.. RECEIVED , AUG 2 1 2014 VANN ASSOCIATES, LLC Cll YoF ASPEN Planning Consultants COMMI INITY DEVELOPMENT August 19, 2014 HAND DELIVERED Ms. Sara Adams Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: 534 East Cooper Recordation Documents/Recordation Deadline Extension I)ear Sara: Enclosed for the City's review and comment are two copies of the proposed Final Plat and Subdivision Agreement for the Boogie's Building of Aspen Subdivision. Please note that all conditions contained in the various approval documents referenced in Article II, paragraph 2.1, of the Subdivision Agreement have been incorporated therein. A Pre-Application Conference Summary, a Commitment for Title Insurance evidencing the Applicant's ownership of the property, a letter granting Vann Associ- ates, LLC permission to represent the Applicant, and a signed fee agreement are attached hereto as Exhibits 1, 2, 3 and 4, respectively. The recordation deadline for the Plat and Agreement is September 8, 2014, or 180 days from the receipt of the project's final HPC Major Development and Commercial Design review approval which occurred on March 12, 2014. Please note that Section 4 of Ordinance No. 26 which granted subdivision approval to the project requires that the Boogie's Building's existing temporary deck enclosure be removed prior to recordation of the Subdivision Agreement. This requirement is also addressed in Article III, paragraph 3.10, of the Agreement. The Applicant is prepared to remove the enclosure following the Labor Day weekend. He would like to retain the enclosure until then so as to better serve the public for the remainder of the Summer tourist season. As Labor Day falls on September 1, an extension of the September 8 recordation deadline is requested to provide adequate time for the City' s review of the recordation documents and any revisions that may be required thereto. The extension is submitted pursuant to Section 26.480.070.E. of the applicable Land Use Regulations. This Section permits the Community Development director to extend RO. Box 4827 ' Basalt, Colorado 81621 · 970/925-6958 ' Fax 970/920-9310 vannassociates@comcast.net
.. Ms. Sara Adams August 19,2014 Page 2 the deadline if the request is submitted within the approvals' vested rights period and there is a Community interest for granting the extension. As the project's vested rights status remains in full force and effect, and the project has obtained all required land use approvals, I would appreciate it if you would ask the Director to extend the recordation deadline as provided for in the Regulations. A thirty (30) day extension of the September 8, 2014 deadline should be sufficient to accomplish the required review of the documents and their recordation. The extended recordation deadline, therefore, would be October 8, 2014. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASSOCIATES, LLC 30 baq Pafrwchit# Edett Approved blnn#/ ann Chris Bendon, AICP Community Development Director City of Aspen SV:#VV ec: Gideon Kaufman. Esq. Les Rosenstein d:\oldc\bus\city.ltr\ltr58712.sal
EXHIBIT CIT~ ASPEN ~ PRE-APPLICATION CONFERENCE SUMMARY FL-~ PLANNER: Sara Adams, 429-2778 DATE: July 7, 2014 PROJECT: Boogies Subdivision - Recordation Documents REPRESENTATIVE: Sunny Vann, Vann Associates, 925.6958 DESCRIPTION: The Applicant received Subdivision approval (City Council Ordinance #26, Series of 2013) for a mixed use building located at 534 E. Cooper Ave, aka Boogie's. The following final documents are required to be recorded: Subdivision Improvments Agreement. The project currently has a deadline of September 12, 2014 record the documents. If additional time is needed, the applicant may request an extension. All documents are reviewed administratively. No public hearings are required. In addition to Planning staff review the City Attorney's Office will review the recordation documents. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.480.070 Subdivision Agreement http://www.aspenpitkin.com/depts/38/citvcode.cfm Review by: • Staff for complete application and approval of documents Planning Fees: Planning Deposit - $1300 for 4 hours (additional time is billed at $325 per hour) Referral Fees: City Attorney's Office - no deposit, but time is billed at $325 per hour Total Deposit: $1,625 To apply, submit the following information: ¤ Proof of ownership with payment. O Signed fee agreement. O Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 0 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. 0 Total deposit for review of the application. 0 2 Hard copies of the complete application packet. O Electronic copy of all documents. 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.
. EXHIBIT COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-4701 1. Effective Date: February 28, 2012 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.TA. Owner's 2006 (Standard) Proposed Insured: To be determined (b) ALTA Mortgagee's Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Boogie's Building Of Aspen, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: The Easterly 2 1/2 Feet of Lot Qi and all of Lots R and S, Block 95, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: STATEMENT OF CHARGES 534 East Cooper Avenue These charges are due and payable Aspen, CO 81611 before a policy can be issued Title Commtiment Charge: $250.00 Copyright 2006-2009 American Land Title Association. All rights reserved. AMEXICAU The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. £*kiT¥:93 All other uses are prohibited. Reprinted underticense from the American Land Tile Associatian ."Utu,0.4 File No. 01330-4701 Page 1 of 1 CO STG ALTA Commitment Sch A STO CS. gu..4 co,:*al¥ .„t L=VICU L .aM=:-
. . EXHIBFT February 1, 2013 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission zo Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates. LLC, Planning Consultants, to represent me in the processing of my application for subdivision/GMQS approval and such other land use approvals as may be required for the development of a third floor addition to my property located at 534 East Cooper Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned applica- tion. Should you have any questions. or if I can be of any further assistance, please do not hesitate to call. Yours truly, BOOGIE'S BUILDING OF ASPEN, LLC /17-- Leonard Wei*Eass 534 East Cooper Avenue Aspen, CO 81611 (970) 925-6462 d.\oldc\bus\city.!tr\ltr58712.j gl
.. EXHIBIT Agreement to Pay Application Fees -,--w An agreement between the City of Aspen ("City") and Phone No: Property Leonard Weinglass 925-6111 lennyw54@gmail.com Owner Cr): Email: Address of 534 E. Cooper (Boogies) Billing 534 East Cooper Ave. Property: Aspen, CO 81611 Address: (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 0 Select Dept $. flat fee for Select Dept 0 $ flat fee for _ 0 $ fiat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: da<Q_ Chris Bendon Community Development Director Name: Leonard Weinglass Owner City Use: 4*Â¥* 1,62/5 Title: Fees Due: $ Received: $ Januan:. 2013 City of Aspen 1 130 S. Galena St. I (970) 920-5090 .glqq.
3%/09 6, Lti BOOGIE'S BUILDING OF ASPEN SUBDIVISION FINAL PLAT OF: A PARCEL OF LAND SITUATED IN THE NWh OF SECTION 18, TOWNSHIP 10 SOUTH. RANGE 85 WEST OF THE 6th P.M. ,?1:{ CY#L,...4 ill/ -' 427*:S-:t$/rb. 14/*<4>=&»;:-ma \~ CERTIFICATE C KNOW ALL MEN B' LIMITED LIABILITY Q, AND ALL OF LC STATE OF COLOR BUILDING OF AS CONDOMINIUM PE COMPANIES FOR - THAT MAY BE SHC UPON SUBSTANT[ EXEC~D THIsl r-6#*: BOOQK i'.-, 1 BY: LEONURD WEI L~~LIABILITY STATE OF COLOR COUNTY OF PITKII THE FOREGOING I 0 0016 er , 2 LLC, A COLORADC WITNESS MY HAA MY COMMISSION ded #b NOTARY PUBL PLAT NOTES 1) BOOGIE'S BU RECORDED ON 1 RECEPTION NO.l 2) BOOGIE'S BUI a. HISTORI b. PLANNIt c. CITY CO d. HISTORI e. THE DE\ NOnCE: ACCORDING TO ACPON BASED UPON AN AFTER YOU FIRST DISCO, BASED UPON ANY DEFECI IN IMIb SUKvt'r et LUMMrn,utu Murn: inify ic,v YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. (970) 704-0311 12049.01 10/23/2014 12049-PLAT.dw, .A. 0 0. A . ..Al. ~ 129 D ... . . ... . ... . A I . .: .,. .. . .A . . . 11. I f 00 A. 1 I .¢ I ., . D .. , Id 1 1 , . D , :. : A 1 - » I D .:... . A. \ 9 0 0 . D . . 1 :.. D -1 - ' A . rn t i 1 0. j 1 - 00. = . D :.'D 0 .: . . 0 6 0 00.: 1 1 - r. UN'lt - 77 «¥i*- f-. ,:., 1 : 1 4. . 1 ¥41 'i D . r. ./ ... 5 I 0 - : : 0 . P.: . : I. [ . :1 1 t I I :.. 1 0 D :Ii D 'L *4 , .9@A - I , 6... 4!V/r . 6 0 -0/ - .11 r. . f. )* 1 0 Ie .: ' 444 0 .... ...... :.0 :ID A .' :, 0 I K .. ID :.'' , A 0. . . 1 :. D . :.. . D A, , a , &\ I • 44 .. 4 '24 0 0 I m. . .: I .. . D. . . D :I. 1 0 1 :I. 1 . 0 - A . . 0 . I . ..:'. . - 0 0 - I.. -. . - . D I . . :.. . D - . I. ... - 2 ft . . 1. 10. , A 0 .. . 0 0 04 .: . .........: A. . ... : I.. . 0. 1, 1 I. . 1 . . 4 1 A. . D 0 .0 1 . A. I 0 I A , 1 • I 0 0 0. 10 . 0. 0. . I . 0. .. : 1 .'. . 0. 1. 1 : .1.0 0 . 1 -:' .... . 0 0 : .0 . . 0 . . 01 1 0 .. ... 1 11 0 . . 0 0. . 0 . 0 1 10 1. . I . . ....0 .: 0 :1 . . . : ./. I , . . 1 .. ... A. :, . 4 1 .: :..1 , 01,1 10 . 0 I 0 0,0 .: 11 . ...... .0 0 .. . I , . .....: - 0 ... , 1 1 0 1 0 . D :IA D .......: 0 . 1 ...,11.1. 0. 0. ... ........ ---- 0 ... 0 1 :..1 . ... h . 0. D. 1 : 0 . d • ... 1: 1 ....... . A :: 1 :, 0 ... , 0 1 ... \ ' ' : 1 \\\ 0 .1: 0 . , ., 1 . ... 0 0 0. 10 Ipil 0 0. 0. 0 , , . 1 1. 0. , 0 . 0 : .. ..< . .'A C V i . , . D ': 0. . 1. 0 1 : 0 : 1 0 0 ./ I .1 0 1 0 • t . , , .1 , .. : , 1, D. . . , 1 . 0 ...11. 0. . I 1. 1 . 0 . 0 .0 , :0 1. I ~ r .0 :0 . 0 . 1 I : . . ; I. 1. D .:1 .... I .... 1 1. .. 0 11. 0 , ..,1 1 1 1 .. ... 1, e , 1 1 .0 . AD .4 , 0. 0 . I . D : 1. .1. . .. . .. 0 0 1 :I'' . 0 . .. 1. 4 - I 1 111 ..1 1 . 0 1.. . . O O. , .. . ' . 0 , '... .'. 1: : 1 1 . D :. 0 .. 0 . 1. 0 0 1 0. I .A. ...-. 1 0 1 1. ... . . .. 0 1 0 11. I .. .. 1: 1 1,1 : 0 . 0 ...0 1: el. . . . 1 11 . 1. ., 0... 0.:. . - D €90 1 ... . 0 , ' , 1 .0 Do . . 0.1 1 fi:„/ 4 . : I. 01 . .61 :1 0 : 0 :101. A lilli i .. : ... . 53, 8 0 0 1 . - 1, :00 ... '1. 1 I V. 1 '40 ' .1 . 0 . . 0.1 0. 4, 1 0. 1. 0. 0 D.. . D .0 , D 4,4. . h 1 0 . :' 0 : 0 00 . A. D .: D .'.1 0 . 0 0 .... . 1 1 0 . 0 . 0 0 0 1 . 0 1 1., 0.' . . 1 1, 1 A . :. i. : - A .. ... 1 0 .... . 1 : lilli 1 1 D 1. I o : , 0. .. , 0. :1 0. , I ... . 0 0. . 1 1 1. 0 0 . 1.. .... 1. 0.1 .0 . 0 . 0. 10 1, 0 . 1. ., :.0 . , 1,14. 1 1 , . .... , ... 0 . A , 0 0 0 . I . A.:. .. , 0. 1.: I 0 0