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Home My WebLink AboutLand Use Case.219 E Durant Ave.0036.2010.ASLU3 C q Â£ 11,0 W + ftle 00362010.ASLU fiSÂ·,14*, 7 RECIEVER FOR DANCING BEAR 4 11, Â£6'ka-Ox 1.1 "- r -Fp f - fal/%6â‚¬/ - f \U r K - 0....1 ,~, R- Dirk Gosda President, Colorado Division 0115 Boomerang Road, Suite 5201 B 5UNU5E Aspen, CO 81611 Phone: (970) 920-3255 COMPANY Fax: (970) 920-3258 Mobile: (970) 948-9911 E-mail: dgosda@sunriseco.com - www.sunriseco.com GAR.DEN LGODSCLUB www.gardenofthegodsclub.com St, nrise Climt}uny. For { h er Forty Years Bitilder of Ameriâ‚¬Â·a's Finestâ‚¬.ountrv Club Communities. -RY .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0036#2010.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS DANCING BEAR PLANNER JEN PHELAN CASE DESCRIPTION VESTED RIGHTS REPRESENTATIVE WESTERN CAPITAL CORP DATE OF FINAL ACTION 05/1/2011 CLOSED BY ANGELA SCOREY ON: 4.30.15 * .. 0036-20(0,ASUA . ..= _ 9-Â·?4: 4 , ' .#'/A Â·â€¢i, 4 -,Ate:-4 Eile Edit Becord Navigam Fgrm Repor; Format Iab telp i@@'X, 9-44Ilit]6-jadÂ·~i ki 4 , /J:lijA >Jrnpl :I~iOl@~ il 16 -3 1 Cl, 3, 1 18 ij ka 33 J *11@.2@30 J :091 Rogting Status |Fee: 1Fee 5ummarY ~~~~ 8gtbrl Attachments IRa**tory |*ation I Arch/Eng |Custom Fields Subtermits |Parcels I Permt type aslu ~Aspen Land Use Permt # 0036.2010.ASLU Â¥ Address AptjSuke ~ oty ~ State ~ Zip Permit Information Master pertrt Routh; weu. |aslu07 ~ Ap*ed M 2010 Project Status pending Approved DescriÂ®on EXTENSTION OF VESTED RIGHTS FOR PHASE 11 OF DANCING BEAR RE - ASPEN - Issued Pina Submitted WESTON CAPITAL 544 6900 Clock ~EG] Days ril Expires 6/26#2011 Submitted via Owner .-' Last name DANCING BEAR LAND, LLC First name PO BOX 571 **t ASPEN CO 81612 Phone (970 925-2500 Address 0 Owner is applicant? D Coniactor is appicant? Last name *STON CAPTIAL CORP First name PO 80% 1593 E ASPEN CO 81611 J phone K970) 544 -6900 Cust # 28836 Address f Lender 4 1 Last name Ftst name Phone ()- Address 'di DispIms the permit lender'saddress IM: ..., .%4Ze- zIBIBEDÂ·,42Â·:('1,1,ment#aÂ¥.Â·:.4.,I,â€ž .Â£15.46Â£:a,22742#j,*U';Al'~AM &sBenGolÂ®(sefve~iÂ®gelas !1~011 ....4- - RojoiqÂ¥ 119 1 3 A-wur 4 \410 . q .21<.~n/Zk Co PL-' gui. , 1 se,ON,pr,011 Moqlooll ND qel| |-- 0 Â»v VAK \97 fi v WILLIAM H. BAKER 0 4)13 00)>vy.t~ Â· C C 0 NSTR U CTIO N Dancing Bear Monthly Audit 44} 404'bi~~A Date May 5, 2014 Weather Warm and clear Project Temp.: 65 degrees dip) Superintendent Walkthrough Checklist: ~Carbon Monoxide Sensors Battery Change Date: Last Change 9/13 next change 6/14. Will Change Next Month ~Fire Extinguishers Next Service Due Date Due to be serviced 6/14. Will Service Next Month ~Building Cleanliness Overall cleanliness okay. Will have labor spend an hour or so cleaning ~ Lighting Operation Operational ElStorm Water Tank Appears fine 63No Water in Elevator Shafts No ~Snow Removal is Complete (Less than 30" on terrace Roof) N/A ~Heating System. Current Temperature 41 degrees, Heat is not running Walk Entire Exterior of Site Elit is Clean and in Good Order See above ~Trash Pickup was Needed Fence Condition E]Good ~ Repair Needed (Note Details below) Areas of concern and/or problems encountered: No new raccoon evidence, some evidence several months old. Potential Solutions: Remediation Activities Other Comments Dancing Bear Walkthrough Checklist,xls Dancing Bear Building Inspection Report - -I --EZ = n ...1 174 I - ... ~ 11. Â· 11 3 .. 11 t-+1 . . J.*Ries- .. i f.-- *-1 Z Â· ~I . 4 1 1 - 4, 1 1 1-- 1 Z * . Â¢14. ikIJ.1*LATiC'79*184- -- .. 111 FT.1111//// : 1 1 *- i T 4 BlifiN ne ... 3 L- 1 -- .4 -1 A i U . 4 1â€¢ 0 u m I Er / .. 1 - 0 : J.. . . + ., I 1 ./. 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I I 9,4 1 . r . f' 04* 42 f . I . 4 .4 i R 9 240,Â£...71 . - 1 .%# 'F' :a i 117 -t'.1 .IdÂ£.19'Ji~ililll,241 'm~7.-. 4//* ./.6 Â·> - 2 4, s.'-3Nt... 2.- I le 1,1.F, 4 . 1..,41..AÂ·*'. . .Â· ,Â·:C.31. '41 84 ..;.)/ -. ..1111/=.lill"I- , 1...1 1 2. , 4,8 9 * - D I -1 . I . 1.i. 1. + 5/5/2014 William H. Baker Construction 18 of 19 -114 . ' ..29Â· Dancing Bear Building Inspection Report /i, g tr #*Â·Uit 'SM+&1,1-- : . _ 4 -- ' 4 1 1 1-1 1. 4 1 A 1 1 1 - .t 1-6 g. i.. - 41 -- + t' el: .- 01 1 -iÂ· - A I 1- 1 1 4!,1- . ' ' * 1 ...' A> .11? *661,~4,2.A..5 -- Ul ;- I Ii@ha~- .&, &13101 I - EM~ 1 + ; 1- 3 . 9 \ 1 , 3 1/i - 314f .. 4 -- - 1.-:M t. . , t.0 - - 1-- S 1 -1 1,- -1 4 4, I -- -41 - I - -6 i--' 6 + .-1 1 IT- 1 14...1 - 4 Â· 1 -I.- I - -- 2 7 , z-1,19 -1,1.-47 71--6,- 0 -11. 'r- -_ 6 -t- It - I % I - -- 1.-Fl 4 z -4- W r 1 L' â€¢c ' - ' _- 4- - : 6 4'- 32 t â€¢ #I - . -4 , 1 4 - --1 h -er-- - Itt -9-+4- . - =417 1-- 5 - , 5/5/2014 William H. Baker Construction 19 of 19 i f PrÂ»CAL 2Â£ -to -1<u o--c_. CS+7Modâ‚¬ . f c nic n WESTON CAPITAL CORPORATION , m *42 &, ' '/ LM t. POST OFFICE Box 12393 AUG 1 5 2011 ASPEN COLORADO 81612 970-544-6900 CITY OF ti:, 1- E N COMMUNITY DEVEIÂ» .â€žâ€ž,4 FOUNB~ August 12,2011 Ms. Jennifer Phelan Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: Resolution No. 78 (Series of 2010) Parcel No. 273 513106002 Dear Jennifer: Please find enclosed the original executed surety bond rider that transfers the principal's name from Weston Capital Corp. to Tanzbar DB Holdings, LLC. Sincerely, Jean N. Coulter: Vice President WESTON CAPITAL CORP. . American Contractors Indemnity Company D HCC 601 S. Figueroa Street, Suite 1600 Los Angeles, CA 90017 main 310 649 0990 facsimile 310 645 9274 August 01, 2011 Surety Rider To be attached to and from a part FINANCIAL GUARANTEE , Bond No. 1000881034 of Type of Bond In favor of CITY OF ASPEN , ADDRESS : 130 S. GALENA ST, ASPEN, CO 81611 Obligee On behalf WESTON CAPITAL CORPORATION, ADDRESS : C/O SIDLEY AUSTIN LLP, 555 W. of 5TH ST..'.LOS ANRELRS, CA 9001?. Principal Surety hereby gives it's consent to amend principal's NAME to read: From: WESTON CAPITAL CORPORATION To: TANZBAR CH HOLDINGS LLC To be effective: 07/21/2011 Signed and sealed this 1 day of AUGUST, 2011 American Contractors Indemnity Company Â® O. Michael Chalekson , Attorney-in-fact Producer: 9012 - HCCS - H.O. BRANCH OFFICE 601 S. FIGUEROA ST., SUITE 1600 LOS ANGELES, CA 90017 Obligee: CITY OF ASPEN 130 S. GALENA ST ASPEN, CO 81611 -.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE Â§ 1189 2 State of California County of Los Angeles } On OUNKÂ® before me, Deborah Reese, Notary Public Date Here Insert Name and Title of the Officer Michael Chalekson personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in --1 his/her/their authorized capacity(ies), and that by DEBORAH REESE nmission # 1926048 his/her/their signature(s) on the instrument the ary Public - California 5 person(sh or the entity upon behalf of which the .os Angeles County E person(s) acted, executed the instrument. :t (trus Ma: 7321 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing * paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Bond Title or Type of Document: Docurrientrote: Number of Pages: Signer(s) Oth@PTh#n Named Above: capacity(ies) Cla~*'~47~ Signer(s) Signer's Name: i Signer's Name: 23 Corporate Officer - Title(s): ~ El Corporate Officer - Title(s) Cd Individual RIGHTTHUMBPRINT El Individual RIGHT THUMBPRINT OF SIGNER - OF SIGNER Ed Partner - O Limited [3 General Top of thumb Ah<- U Partner - U Limited Ed General Top of thumb here U Attorney in Fact ~0.Attorney in Fact U Trustee D Truste O Guardian or Conservator C] Guardian or Conservator El Other: U Other: t Signer Is Representing: Signer Is Representing: Â© 2010 National Notary Association Â· NationaINotary.org Â· 1-800-US NOTARY (1-800-876-6827) Item #5907 -- l~FI'l~L 11 i-- AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW AU' MEN BY THESE PRESENTS: That*merican Contractors Indemnity Company, a,California corporation, United Sgtes a *459*C@ip*@*1 Maryland *grp-lii@temismFa~ecially Insurance Gbii*an,11'11'19 1 i'rexas corporatiqa. (i0~*fi*iyett~~ : 1 i'11 11 '15 *2 0*fnI@ji*Fdi** these present**,?f!**r]*ih#*,EL@Point: ===- -- Frank Mester, Ariel T. Hue{lia, Tah Carazza, Michael Chalekson' or Adam Feinberg of Los Angeles, Califoiliia its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority === Wrghbhfor*.1*M*its name, place and stead,4tp @ecute acknowledge and deli*eaa 94*1 *11%D*Dds, recognizancesaqute:ta]48%~-8 1 1111 111111*1@1 1:1111, p. = -= - - - -- 21 liWI*thesiia:*#parts or contradk of&4retyship~to dinclude riders, amen##*intsamFcgme*ts of surety, iliteâ‚¬film te Â¢*Al 23 23**d!*I'4* @iFAceed ,<:f f"f |l, *%*!,4,4ttree Million**'9:t-M-EF ~-I- Dollars ($ %*0~0-it@Q_090*1% 1*F Illl!111 lili' Â«~I his-Power of Attorney shall expir'@'m*ithout further action on December *201-IThis Power of Attorney is grRREd mdEr and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and autbprit"Q 3ppoint any one or more suitabkpersqg=as=kttorney(s)-in-Fact to represent and act for andion behalf of the Company subject to the follomn- = gi*yi"Fit#: . ~liwi ======= 11 M .i M 11,1 1 iâ€ž 411 I44i = ~~ey-in-~given full power~@# *ifIE@y %@u~ of and on behalf ~f kkdolnpaN, 6 e,x#p,%~ Acknowledge and dÂ®~~~BIi~ ~d~--- 1*S~ognizarice4*Rti*ti, agreements or indeiRii* Eifi~~#FcÂ®*ti*REF~r obligatory undertall~ 10 aNd|~anflaildldll; notldeh and documents canamiR di*aliiiatimmhW- Â«Â«Compaly's liability thereunder, and any sucIP#gtruniâ‚¬BG-so executed by any such Attorney-ili~Act shall be binding upon the Company as iffigned 6~8*-President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to Any bandor 10*led*i&*10 which it is attached. 1 - &=1 -EE=a i= 2*emt ======= ==== ~aE ~-1-- ----- EE EE -=== *AUN~~I**1** WHEREOF, The ConÂ®amies have cagsed this instrument toligiktmi 0 â‚¬ii#*Â§*rate seals to tif~gletilÂ»*Â©~Â» -~591*Fof E-nÂ©1009. , 5- AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate =Seals -2 - 7.-*E =,295*\ 19,1 ~~BEE <5' M#'ll/'SK Yel By N -il-InaÂ·ACIR_ Daniel P. Aguilar, Vice President =EE State of California 32ow*offies*@*les SS: ==~a=== Mf-~nV~Â£7=593[42 June, 2009, befo~me/V. Wrkht,; N notary public, ~ P. AguilattfiJA**fidefit of - American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me oil the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and th.*_by his signature on the instrument the person(s), or the entity upon behalf of - which the person(s) acted, executeÂ£thdagmmgn-12 **i - 1 -- -I tert{*-un*rPENALTY OF PE]~*it~*i!4* tii# ill*lf the State of Cali fornia that the fo?&going paragraphj@*foâ‚¬42*oi*ciff~ - WITNESS my hand and official seali= - I r. 1436 Commission # 1626145 L itte Â·#,y=Il Notary Public Calitainia 5 ffÂ»~ A ~.,Mi 7 ~~~ Los Angeles County 3 (Seal), i, i,1."i:'i"i Â·Ill 1111.111 1: 1;lili =a~ ~* *g~ture g_t 1- V=12 3 c .~ - - - - - -- -- 3%:ft *annid- 1 Kim==Assistant Secretary of American Contractors Indemnity (3&#paliR, I#*it@*RldiSurety Company ahd U,S. St>efialty Minsiffinde Cbinpaily, do hereby certify that the above and foregoing is a true-mifi coiÂ¥Et coiTy of-a Power of Attorney,-executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. 4 94- In Witness Whereof, I have hereunto sgi=my:handsid-<fixÂ¢d the seals of said Companies at Los Angeles, California t~]is .IL ==~dap:~ , 20 Ill ifhi~ i i~T. of -A~just Corporate Seals IMB Â·: tÂ»Â£,4 la _Bonq_No. 1222=32/4;N (3/1Â°*,MA,F~&) 8'SEALÂ») tp~ -Jean_nie+19m#-Assistant Secretary=E= - - FE r=%*p Â£2.\ SEPIA':ING I,illy;â€¢r . 91 2*46*Â¥# f 9r~j ?. = 11@-NI... bl' r,111!111.1 1 =--- - - "|/||:|1||Ir - =~ Kan'i 1<opy' Kl 1(an't I<opy Kl ~ Security Paper i Security P.1pi:r â€¢ Hidden Pantograph â€¢ Hidden Pantograph i â€¢ Color Match . u Color Match â€¢ Artificial Watermark j . Artilicial Waterin,irk 1 â€¢ Anti-Copy Coin Rub Â· . Anti-Copy Coln RIII) â€¢ Erasure Protection . Eras,irc Prole[Â·t,on â€¢ Security Features Box , Security Features Box â€¢ Microprint Protection i Â· MictÂ·op,Hit Protection â€¢ Acid Free â€¢ Acid [Â·lee Kan't Kopy Kl J Kan't Kopy Kl ~ Security Paper Â· Security Paper ! â€¢ Hidden Panic,graph â€¢ Hidden Pantograph â€¢ Color Match â€¢ Artificial Watermark â€¢Color Match i â€¢ Artificial Watermark â€¢ Anti-Copy Coin Rub ~ , Anli-Copy Coin Rub â€¢ Erasure Protection ; â€¢ Erasure Protection , â€¢ Security Features Box i . Security Features Box â€¢ Microprint Protection : â€¢ Microprint Protection â€¢ Acid Fiee â€¢ Acid Free pvcvt ot-col th baa-AtÂ« I m'FrÂ« AD K I, -tar WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 (b'*\ bt ASPEN, CO 81612 970-544-6900 .17 May 2011 Ms. Jennifer Phelan Planning Deputy Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Reference: Resolution No. 78 (Series of 2010) Parcel No. 273513106002 , Dear Jennifer: Paragraph 16 of the above-referenced Resolution No. 78 (Series of 2010) states that a bond or other security acceptable to the City shall be issued for restoration of the property if no action is taken on the property within the period of the extended vested rights. To satisfy the requirements of Paragraph 16, please find enclosed a Surety Bond issued by American Contractors Indemnity Company in favor o f the City o f Aspen in the sum o f $300,000.00. Once all the conditions of the resolution are satisfied and the extension of vested rights is granted including an amendment to the PUD agreement, we can complete the date and reception number blanks in Paragraph 1 of the surety bond. Sincerely, Jean Coulter Vice President - Weston Capital Corp. Receiver ec: James DeFrancia Thomas Todd, Esq. .. O HCC American Contractors Indemnity Company 601 S. Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 BOND NO: 1000881034 SURETY BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WESTON CAPITAL CORPORATION (hereinafter called the Principal) and AMERICAN CONTRACTORS INDEMNITY COMPANY an Insurance Company ofthe State of CALIFORNIA (hereinafter called the Surety) are held and firmly bound unto THE CITY OF ASPEN, A COLORADO HOME RULE MUNICIPALITY (hereinafter called the "City") in the sum of THREE HUNDRED THOUSAND AND NO/100 Dollars ($300,000.00) to the payment of which sum the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, under the terms stated below. NOW THEREFORE, the condition of this bond is subject to the following conditions: 1. This bond has been issued for the use and benefit of the City of Aspen, a Colorado Home Rule Municipality (the City") in connection with and pursuant to the terms and conditions of City Council Resolution No. 78, Series of 2010, concerning an extension of vested rights for the Dancing Bear Lodge, Phase II, formerly known as the Chart House Planned Unit Development (the "Project") aswell as the Amendment to Planned Unit Development for the Project (the "PUD Amendment") dated effective as of/AUAC \* , 2011 and recorded under Reception No.650 EX#n the real property records of the office ofthe elefk and Recorder for Pitkin County, Colorado. 2. After thirty (30) days advance written notice to the Owner ofthe Project and West LB, the City may call on this bond if (a) development activities on the Property have not been initiated by June 30,2014 (the "Extended Vested Rights Period") and (b) the above-grade site restoration activities (the "Restoration Obligations"), as identified in the Resolution and the PUD Amendment, are not initiated after expiration of the Extended Vested Rights Period. For purposes of the preceding sentence, the term "development activities" includes, but is not limited to, (i) submitting an application for a new or renewed building permit for construction work on the Property; (ii) actual, on-site building activities; or, (iii) the submission or pendency of an application or applications for additional extensions of the Extended Vested Rights Period or for modifications to the existing terms and conditions of the Planned Unit Development for the Project. 3. In the event the City calls on this bond, the funds shall be used solely for payment of the actual costs and expenses incurred in connection with completing the Restoration Obligations, up to a maximum of $300,000. 4. The Surety reserves the right to terminate this bond on the earlier to occur of (a) sixty (60) days after termination of the receivership proceedings current]y affecting the Project in Pitkin County District Court Case No. 2010 CV 98; or. (b) sixty (60) days after the sale or transfer of the Project. In the event of the surety's termination of this Bond, the Owner of the Project shall submit a replacement Bond or such other form or forms of financial assurance(s) that are reasonably satisfactory to the City. 5. In the event this Bond is terminated pursuant to paragraph 4 above and not replaced or substituted to the satisfaction of the City within sixty (60) days of such termination, the City reserves the right to rescind and cancel the Extended Vested Rights Period; to vacate the present PUD approval; and to vacate Ordinance No. 32 (Series of 2005) all as the City might find in the public interest. 2Ak / SIC+ED, EALED AND DATED this L day of 649 '2011 ~PR-*CIP*\-*ESTON CAPITAL CORPORATION, Receiver py: - 6 1 By: ~41- Name: CE.A"s bariÂ»Â£12 Name: -3/-,4-_: t.J C-1 LTL- fttle: / r |4& 1 (*lk F Title: vic C eC k %,43 $ 4-3 T----- And~---~ SURETY: AMERICAN CONIRACTOB,S I] --)EMNITY COMPANY ddi t A â€ž U ,ry'bt 4.6:2.-EL<-*--*<- Name: MICHAEL CHALEKSON Title: ATTORNEY-IN-FACT LAI 2083223v. 1 0111 .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE Â§ 1189 ix- State of California County of Los Angeles } i~ on 05/05/2011 before me, , Deborah Reese, Notary Public / Date Here InserÂ·t Name and Title of the Officer Michael Chalekson personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DEBORAH REESE person(s), or the entity upon behalf of which the Commission # 1926048 person(s) acted, executed the instrument. Notary Public - California Los Angeles County . I certify under PENALTY OF PERJURY under the ~_---- My Comm. Expires Mar 18,2015 6 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Â· Signature: 446 0 -1,1. Atâ‚¬"- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. [;4cription of Attached Document Title or ~pe of Document: Bond 1 Document DateN Number of Pages: Signer(s) Other Tha~IUme<Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: m Corporate Officer - Title(s): El Corporate Officer - Title(s): U Individual RIGHTTHUMBPRINT 8 Individual RIGHT THUMBPRINT OF SIGNER - OF SIGNER U Partner - D Limited U General 1-op of thumb here [33=P.~~er - U Limited EJ General Top of thumb here m Attorney in Fact D Attorney in Fact U Trustee m Trustee ~ [3 Guardian or Conservator U Guardian or Congerlator U Other: 23 Other: Signer Is Representing: Signer Is Representing: 3 A , Â© 2010 National Notary Association Â· NationaINotary.org Â· 1-800-US NOTARY (1-800-876-6827) Item #5907 71 Â£*Al CRI C,la arli c*41 awl g*,re es,al iÂ¥:ri cÂ¥,n r<*41 gÂ¥4, rÂ»,11 c.Â¥a e.4 1Â¥NN /lia 'Ii'11111!1111, n =~li~ =------- * AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW AU' MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United Sides_ i** 5T0**54**fif& Maryland ~~p~~0ii*45*f~yecialty Insurance ..â‚¬*mhan~ al ~Tekps corporatiqg~(*#~0iÂ¥***E~ Em *(3*nI#i#iqÂ®Â¥20 these presentang!*~91*ifMlliMpoint: 1 1 ' 11 iII ill'E I a E~ E - 'â€žIi'' 1 Frank Mester, Ariel T. Httedia, Tah Carazza, Michael Chaleksoit'o# Adam Feinberg of Los Angeles, Califdtiiia its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority *]*&*04*r]*RfEits name, place and :stead, to exequtel :acktiowledge ani! dqliyeii,)1 81@ i#Plimds, recogniz89ce&*undertabln:*i~ a 3#99]qi&i**4*nats or contractk ofl>u#efydhip' it~~l,Rj*le riders, a#**8*t**FERÂ»*s of surety, /99*#* 411 *42 2 ~*H#!*ad#F *REAceed ; 'tph ~1 2 f*f*'%IN#~hree Million**m-~ - --- *--- Dollars ($ 9*(Ilf*91110C* 12iF E=Trhis--power of Attorney shall expi~@~RV*ith8*"""6rther action on December YF2017.This Power of Attorney is grEREd 111*la and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full poweland authorithUPPPoint any one or more suitabkpersqg=8Â§*kney(s)-in-Fact to represent and act for m,ld Â°7be,half of the Company subject to the foll2gi~lig22=- a 3*92Â§*mE 2 *1& ' i ~1~Â· i' :, 11; ~ 1; 1 '~ 'lli iIi 1,~~ i .~,i I il~ iii :1~1 1~ ~, ! 1 mat#~51~~M~AJ~given full power-~~JI-RylliNE~*~-~e of and onbeh,tlfrof thW' Cemp~hk, t@exbalte;*knowledge and 3#*~ W-~-- 1%*e26*Â¤gÂ®te#*1**Ef&, agreements or indditiME 2*%!**liBFc*titi**For obligatory undertaltifigi and,1,02~'and'dll notides and documents can*}#i# 6~tieth~ 2-ConiFiny's liability thereunder, and any suchristrunieRE- so executed by any such Attorney-in-Fact shall be binding upon the Company as if Fi*Red byrne President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to Agy boad or 11*1Â©~-4MKo which it is attached. r., ' 11 i" .' 41:11 - 111'u;111111~1~ 1 iii ~ l.ll 'b: 1 1.1;111~11 11,11'ill ill!111; lilli!'.Ii; 224*I*(8% *MMREOF, The Cd~#Pl~#shatÂ¢ 1*dec}*is instrument to%*s~m~d ~ *jÂ¢@#08rate seals to b91*fliii#fQ#clâ‚¬~#** la 5'~roftittn@7009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY gorporage@*al*Fik ,*Wic 't Juij 4;Â·; #ft 54028& -=$ ====~ === EaaEEE U.74%0- 7=6=22(dril,Ko-rairm) 990&*~TE~#1** Emille')Â§ , LL,_46: 1461 -1.~~I~ aEE EME=.~ 999 -- lvI2''lâ„¢/39 'Ir.ef,19 397:ry - -- = - By: di' i'j' r~=m~mmp .*ir-L-'~"~ ' 1 .1 '11 . 11|111|11111111 11 - Daniel P. Aguilar, Vice President == State o f California 3391#,tof{[23~es SS: === Mag 14 11 F =======--- - ======1 ======= 1 1 -- ~ 2009, befoPe'me,i'V.'Â· Wright, a notary public, iM}**At~ P. Aguilaiâ‚¬Â¥idA31*iddiR @f - American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the_#ame in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of -which=the -ijersol*Â©-acted, execute~h~0*11-ir#en~* @~ a EE E E E IMM 1~~~~~~~~~~~~~~~2~1~~~~~~F~ ~~~~Efi%Â®*tf 44 11~f the State of cahfornia,that 146 'Itdkgoing paragraph3*fu~mÂ¢Noti*Di~ =4 v. wniGHT 1*- '.FA Gommission w 1820148 ~ 3 WF:~J Notary Public - Cal,lornia 5 r ~r~) Los Angeles County E 9--e= 21/tÂ«F- (Seal) , :Â· 1 al,y~/14:am:'llm:*44144*JJ,Sk lilli =a=== - ~il-- = 31*4&~ultilti~31*fsis~an~ Secretarj, o(xmeri9an' Contractors Indemnity ~ Compa~ ~ Cainpiny, do hereby certify that th'4~above and foregoing is a trudifittl 66*edt copy of a Power of Attorney, executedbyÂ°-said Companies, which is still in full force and e ffect; furthermore, the resolutions of the Boards o f Directors, set out in the Power of Attorney are in full force and effect. 38 Wimess-yherÂ®f, 1 have hereunto seunZJEndaudgaffixed the seals of said Companies at Los: Angeles, California t* __~ = dal-- 7Â« 7/64 *EE ~ E~ t-4Â£40 *mE- I W I ' i. i,it 0 ' 4â€žbi LV 4 A+* & ?I 1111 Corporate Seals &9%12Â°0 =llÂ¥*g&7429 (;(mlt@ff)1 0,SEAL-~ <~~~0&~~ ~~~*sistant Secr;~r}~~ m ~-* . 00Â¥*I. 1 *07 111,11 1 /r, / 1 ,%, 1 11 4: -- E#=i&~ i-- C Kan't Kopy ' Kl i Kan't Kopy' Kl : Security Paper i Security Paper . Hidden Panlograph ~ â€¢ Eliclden Pantograph â€¢ Color Match â€¢ Color Match â€¢ Arlificial WaterÂ·mark i â€¢ Artificial Watermark I â€¢ Anti-Copy Coin Rub â€¢ Anti-Copy Coin Rub ; â€¢ Erasure Protection i â€¢ Erasure Protection â€¢ Security Features Box 1 Â· Security Features Box ' â€¢ Microprint Protection , Microprint Protection â€¢ Acid Free ~ - Acid Free J . Kan't Kopy' %1 Kan't Kopy Â· Kl Security Paper ' Security Paper ~ Hidden Pantograph â€¢ Hidden Pantograph â€¢ Color Match ' . Color Matcli â€¢ Anificial Watermark i . Artilicial Watermark i â€¢ Anti-Copy Coin Rub i â€¢ Anti-Copy Coin Rub ~ â€¢ Erasure Protection i . Erasure Protection â€¢ Security Features Box ) . Security features Box ~ â€¢ Microprint Protection i . Microprint Protection 1 â€¢ Acid Free ' - Acid Free .. AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR PHASE II OF THE DANCING BEAR RESIDENCES (FORMERLY KNOWN AS THE CHART HOUSE PLANNED UNIT DEVELOPMENT) THIS AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR PHASE II OF THE DANCING BEAR RESIDENCES (FORMERLY KNOWN AS THE CHART HOUSE PLANNED UNIT DEVELOPMENT) (the"Amendment") is made and entered into this I'F~'day of June, 2011, by and between WESTON CAPITAL CORPORATION, RECEIVER FOR DANCING BEAR LAND, LLC (hereinafter "Owner"), and THE CITY OF ASPEN, COLORADO, a Colorado home rule municipality (hereinafter "City"). WIINESSEIR: WHEREAS, Pursuant to the Amended Order Appointing Receiver (the "Order") issued in Pitkin County Colorado District Court Case No. 2010 CV 98, Weston Capital Corporation, a Colorado corporation, is the court-appointed Receiver (the "Receiver") for certain real property owned by Dancing Bear Land, LLC, a Colorado limited liability company, described as the Chart House Planned Unit Development, legally described as the Chart House Lodge, according to the Final Plat and Subdivision PIat Recorded February 17, 2006 in Plat Book 77 at Page 49 under Reception No. 520960 (the "Property"). The Order, among other things, authorizes and empowers the Receiver to manage, preserve and protect the Property; and WHER-EAS, pursuant to Ordinance No. 32, Series of 2005, the Property was approved for a subdivision/planned unit development and granted a three (3) year period o f vested rights (the "Vested Rights Period") for the development of eleven (11) residential timeshare lodge units with twenty-one (21) keys and two (2) affordable housing units. The Property is subject to that certain Planned Unit Development Agreement (the "PUD") made and entered into effective as of February 15, 2006 by and between the City and Dancing Bear Land LLC's predecessor in interest. The PUD was recorded in the real property records on February17,2006 under Reception No. 520961; and WHEREAS, the building permit was issued for the building improvements on the Property during the Vested Rights Period, construction began but is presently stalled at the structural steel erection process. The building permit is currently active and is valid through June 30, 2011 but there is uncertainty as to when and how construction mly be reactivated; and WHEREAS, the Receiver submitted an application with the City seeking approval of a request for an extension o f the Vested Rights Period, which application was deemed approved, subject to certain conditions as set forth in Aspen City Council Resolution No.78 (Series of 2010) (the "Resolution"). One ofthe conditions of approval requires that the PUD be amended to include the terms and conditions o f the Resolution as well as certain other representations and agreements made in connection therewith; and RECEPTION#: 580889,06/30/2011 at 08:43:26 AM, 1 OF 7, R $41.00 Doc Code AMENDMENT Janice K. Vos Caudill, Pitkin Countyj CO .. WHEREAS, the Receiver is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Resolution; and WHEREAS, pursuant to the City Land Use Code, the City is entitled to certain financial guarantees to ensure that the conditions of approval o f the Resolution are satisfied, and the Receiver is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, for and in consideration o f the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Resolution for recordation by the City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: A. AMENDMENTS TO PUD Pursuant to the Resolution, the following are hereby deemed amendments to the PUD: 1. Within 60 days of the effective date of this Amendment, the temporary gas utility meter on the Property shall be disconnected unless there is a need for heat. 2. Within 60 days ofthe effective date ofthis Amendment, the electrical service shall be disconnected unless there is a need for power. 3. Within 60 days of the effective date of this Amendment, a report from the engineer on record shall be provided outlining any necessary remediation o f the non-galvanized bolts and nuts at the column and girder connections that are currently rusting. Additionally, the engineer on record will outline any necessary remediation prior to reactivating construction on the Property. 4. Within 60 days ofthe effective date of this Amendment, the Receiver shall confirm that there is no standing water in the below grade levels o f the building improvements on the Property. 5. Prior to reactivating construction on the Property, special inspections on the field welds and high strength bolt connections shall be performed and approved. 6. Prior to reactivating construction on the Property, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 7. Within 60 days of the effective date of this Amendment, asphalt paving restoration in the parking area on the west side of Monarch Street shall be completed. The existing asphalt paving shall be milled and over-laid with new asphalt from the centerline of Monarch Street to the curb on the west side of Monarch Street. Additionally, within two (2) years o f an approval o f the effective date of this Amendment, asphalt restoration from the centerline of Dean Street to the curb on the north side o f Dean Street shall be undertaken unless 2 .. construction on the Property is reactivated within such two (2) year period, in which case restoration of the Dean Street asphalt paving shall be required no later than issuance of a Certificate of Occupancy. 8. Within 60 days of the effective date ofthis Amendment, curb and gutter replacement around the public streets fronting the Property (Monarch Street, Dean Street and Durant Avenue) shall be completed; it is expressly acknowledged that there are multiple locations around the Property that require new curbing and new gutter pans in order to properly convey drainage around the Property. 9. Within 60 days ofthe effective date ofthis Amendment, the sidewalk on Monarch Street between Dean Street and Durant Avenue shall be completed along with appropriate ADA ramps. 10. Within 60 days o f the effective date o f this Amendment, trash pick-up on the Property shall be completed, and maintained. This includes debris within the building site and surrounding the building site 11. Within 60 days o f the effective date o f this Amendment, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 12. Within 60 days of the effective date ofthis Amendment, the Receiver shall re- establish perimeter controls to contain sediment on the Property and reduce erosion on the Property. 13. Prior to reactivating construction on the Property, a new Construction Management Plan shall be submitted and approved. 14. Within 60 days of the effective date of this Amendment, improved fencing shall be installed around the perimeter o f the Property. The fencing may be a combination of chain link and wood to improve aesthetics. 15. Within 60 days of the effective date o f this Amendment, a bond or other security acceptable to the City shall be issued for restoration of the Property if no action is taken on the Property within the period of extended Vested Rights Period. 16. During the extended Vested Rights Period, consistent monitoring o f the site for trash and safety issues will occur. B. FINANCIAL ASSURANCE In order to secure the performance of the restoration obligations described in Section A(15) above, Receiver shall deliver to the City an irrevocable letter of credit in form and substance approved by the City Attorney, or other security acceptable to the City, in the 3 .. estimated amount of the cost of performing the restoration obligations. In the event such irrevocable letter of credit or other security acceptable to the City is terminated and not replaced or substituted to the satisfaction o f the City within sixty (60) days of such termination, the City reserves the right to rescind and cancel the extended Vested Rights Period, vacate the present PUD approval, and vacate Ordinance No. 32 (Series i f 2005), all as the City might find in the public interest. C. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event City determines that any o f the above required improvements have not been satisfied as required in this Article II, City shall give the record owner o f the Property written notice specifying the deficiencies, and in the event the record owner has not corrected the deficiencies within 30 days following receipt of such notice, City shall have the right to draw upon the letter of credit as may be necessary to complete the Restoration Obligations in accordance with the requirements o f this Article II. In addition to the foregoing, Receiver or its respective successors or assigns may, on their own initiative, petition City for a variance, an amendment to the PUD or this Amendment, or an extension o f one or more of the time periods required for performance hereinunder. City may grant such variances, amendments to the PUD or this Amendment, or extensions o f time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that City shall not unreasonably refuse to extend the time periods for performance if the record owner demonstrates by a preponderance o f the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of such owner, despite good faith efforts on its part to perform in a timely manner. D. GENERAL PROVISIONS 1. The provisions herein shall be binding upon and inure to the benefit of the Receiver and City and their respective successors and assigns, including all future owners o f the Property. 2. This Amendment shall be subject to and construed in accordance with the laws of the State o f Colorado. 3. If any of the provisions of this Amendment or any paragraph, sentence, clause, phrase, word, or section or the application in any circumstance is invalidated, such invalidity shall not effect the validity of the remainder of the Amendment, and the application o f any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Amendment and the PUD contain the entire understanding between the parties hereto with respect to the transactions contemplated herein, and except as otherwise 4 .. specifically provided herein, may be altered or amended from time to time only by written instruments executed by all parties hereto that are affected by the proposed amendment. 5. Numerical and title headings contained in this Amendment are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use o f the singular shall include the plural and the use o f any gender shall include all genders. 6. Notices to be given to the parties to this Amendment shall be considered to be given ifhand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns. City of Aspen Director of Community Development 130 South Galena Aspen, CO 81611 Weston Capital Corporation P.O. Box 1593 Aspen, CO 81612 With a copy to : Thomas J. Todd, Esq. Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the title to the lands within the Property and all parts thereof, and all owners thereof from time to time and their respective successors, grantees or assigns, and further shall inure to the benefit o f and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns, including all future owners of the Property. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as o f the day and year first above written. RECEIVER: WES,T~ CAPITAL CORPORATION, a Colo tio#, Receiver C.Janie~.)eFrancia, President 5 .. CITY: CITY OF ASPEN, COLORADO By: *17/874~1 -4 Nfichael C. Ireland, Mayod ATTE~T: /2Â£4'CR- 7%#AÂ«- Kathryn Kocw>' APPROVED AS TO FORM: 6 .. STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 13*hy of June, 2011, by James M. DeFrancia, President of Weston Capital Corporation, Receiver. Witness my hand and official seal. 9/2 40 6 v.... ~ *< Rhonda J. ~!~n Notar4 Publik U j Baz# : 1-, ge?:..... 4,Â®v.-Cuu'-,//37* STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this / ~ day of June, 2011, by The City of Aspen, Colorado, by Michael C. Ireland, as Mayor, and by Kathryn Koch, as City Clerk. Witness,~d official seal. 1, L, NE< A M -90;44* : 1 ~ur~2-013 1-L 6 Nt, 441 Notary Public (SCÂ·. A . 9>0Â·.OBLt'â€¢â‚¬53' fo*Eatopr 4940136 *Cemission EÂ®Imi 0~5013 7 ....... 0 0 Jennifer Phelan From: Tyler Christoff Sent: Wednesday, June 29, 2011 2:36 PM To: Jennifer Phelan CC: 'Jean Coulter'; Steve DeClute; Tricia Aragon Subject: RE: DB 2 status Jennifer, Dancing Bear Mountainside has submitted the last documentation required for as-builts, hydraulics and hydrology and asphalt restoration. They have completed the Engineering Department's requests regarding this project. Tyler A. Christoff Project IVIanager Engineering/Asset Management Department City of Aspen tYIerc@ci.aspen.co.us (970) 544-3143 From: Jennifer Phelan Sent: Tuesday, June 28, 2011 12:13 PM To: Tyler Christoff Subject: DB 2 status Hi Tyler: Just checking on the Dancing Bear 2 status...we are supposed to record the agreement by Thursday. Can you fill me in on where we are at? Do I need to get in touch with Jean on anything? Thanks. Jeruni.Ar PAola*, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 .. WESTON CAPITAL CORPORATION POST OFFICE Box 12393 ASPEN COLORADO 81612 970-544-6900 REr,- June 21, 2011 JUN ~~~* ~ 2 1 2011 CITY OF A Ms. Jennifer Phelan Community Development Director COMMUNITY DEVSPEN ELOPMENT City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: Resolution No. 78 (Series of 2010) Parcel No. 273513106002 Dear Jennifer: This transmittal confirms that the final punch list improvements and administration for the City ofAspen Engineering Department has been completed and submitted as required to satisfy the conditions ofthe above-referenced resolution. For your files, I have enclosed the June 21 transmittal letter to the Engineering Department, the June 13 confirmation from William H. Baker Construction of performance and completion of punch list work, and the May 1 0th Engineering punch list. This completes the requirements ofthe Resolution and the extension ofvested rights should be effective. Sincerely, Jean N. Coulter: Vice President WESTON CAPITAL CORP. . .. WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN, CO 81612 970-544-6900 21 June 2011 Mr. Tyler Chistoff RECEIVED Project Manager Engineering/Asset Management Department JUN 2 1 2011 City of Aspen City of Aspen 130 S. Galena St. Engineering Dept. Aspen, CO 81611 Reference: Dancing Bear Right o f Way Punch List Items Dear Tyler: Please find enclosed the remaining outstanding administrative items to complete the Dancing Bear Right o f Way punch list items as described on your May 10th transmittal. Additionally, all physical site improvements have been installed as requested. Sincerely, A\l- Jean Coulter Vice President - Weston Capital Corp. Receiver CC: James DeFrancia .. .V. William H. Baker CONSTRUCTION June 13, 2011 Tyler Christoff City of Aspen Engineering Department RE: Dancing Bear Right of Way Punch list Items Tyler - I am providing the following in response to the May 108, 2011 punch list: â€¢ Please find the attached as-builts showing the improvements made per the Right of Way permit #0044.2010.RWBU. In addition please find the Hydraulics and Hydrology reports for the Monarch and Durant inlets - provided by SGM Engineering. â€¢ Please find an application for Permanent Encroachment of the inlet located at the North Western corner o f the property. â€¢ Per our onsite meeting on 5-17-2011 - the 1.5" overlay of the asphalt patches on Monarch and Dean Streets and Durant Avenue will not be completed. Instead a full depth repair at the intersection of Monarch and Durant was completed per our meeting and on site agreement. â€¢ The pedestrian ramp along Monarch Street, at NE corner of the property has been removed and re-built and is now perpendicular to Monarch Street. â€¢ We have replaced the flat section of curb and gutter on Monarch to offer positive drainage to the Monarch inlet. â€¢ We have completed the grading, soil stabilization and root protection on the embankment at NW corner o f the property. â€¢ We have replaced the chipped curb and gutter section along Durant Ave. â€¢ We have installed a 5' wide sidewalk along the Dean Street. â€¢ We have installed mulch along the northern side of the property - along the new Dean sidewalk. â€¢ We have removed all material and debris piles from the property. I am more than happy to review any of these items in the field. If you have any additional questions for me please do not hesitate to contact me. Regards- Steven DeClute William H. Baker Construction 210 AABC Suite MM Aspen, Colorado 81611 Phone: 970.925.2391 Fax: 970.920.2951 info@whbconstruction.com www.whbconstruction.com .. May 10, 2011 ' 'r Steve Declute Wiliam H. Baker Construction THE CrrY QF ASPEN 210 AABC Suite M-M Aspen, CO 81611 RE: Dancing Bear Right of Way Punch List Items Steve- I am providing this letter documenting outstanding Right of Way (permit #0044.2010.RWBU) punch li5t items as discussed in our field meeting today: - Provide as-builts and supporting design calculations for the project including two (2), inlets located within project limits. Acceptance conditional upon City's Engineer's review and approval of hydraulics andhydrology. - Additionally, replace to City standards or provide permanent encroachment for inlet located at north western corner of the property. - Asphalt patching outlining the property does not meet city Construction and Excavation Standards (Section E: Repairing Streets) Mill and overlay 1.5" (minimum) asphalt patches on Monarch Street, Durant Avenue and Dean Street. , 1 - Pedestrian ramp along Monarch St at NE corner of property needs to be adjusted to be perpendicular to Monarch St. - ' Replace section of curb and gutter to warrant positive flow to neighboring inlet. Curb and Gutter section is located to the north of. existing Monarch St inlet, - Probide grading, soil stabilization and root protection on embankment at NW corner of property. - Replace curb and gutter sections along Durant Ave with chipped pan. Located towards eastern section of property along Durant Ave. - Install 5'wide HMA sidewalk along southern side of property to connect sections of existing sidewalk. - Install mulch along the northern side of the property where permanent sidewalk will be place upon project completion. - Remove material piles and debris on the northern side of property Thank you for your time in the field today. If you have any additiooal questions please don't not hesitate to contact me 11' 4 1)-n Tyler Christoff Project Manager Engineering Department City of Aspen 130 Soulli GALENA Sal.EEI Â· AsrEN, Col.ORADO 81611-1975 Â· PHONE 970.920.5000 Â· FAr 970.920.5197 www. aspengov.com Printed on Regded Faper M .. WESTON CAPITAL CORPORATION POST OFFICE Box 12393 ASPEN COLORADO 81612 970-544-6900 April 19, 2011 Community Development City of Aspen Jennifer Phelan, Deputy Director Planning Stephen Kanipe, Chief Building Official Scott Miller, Capital Asset Director 130 S. Galena St. Aspen, CO 81611 Re: Resolution No. 78 (Series of 2010) Parcel No. 273513106002: Deconstruction Scope Dear Jennifer, Stephen and Scott: Just a note to memorialize the conversations during our meeting o f April 7. We have solicited non-binding estimates of the scope of work from reputable and experienced subcontractors. It is our best estimate that financial assurance to the City in the amount of $300,000 would provide for the restoration of the property. The scope includes removal of the above-grade steel and concrete structure, securing the sub-grade floor access with protective capping, grading and seeding work, landscaping, aesthetic wood fencing, permits and a 7% contingency. Please see attached supporting detail in Exhibit A for General Contractor costs and Exhibit B for structure demolition costs. As discussed in our meeting, we are proceeding with a bond in favor of the City of Aspen in the amount of $300,000. Thank you all for your assistance during this process. Sincerely, S# 1*J~~ James DeFrancia Jean N. Coulter: President Vice President WESTON CAPITAL CORP. WESTON CAPITAL CORP. G Hka. r '4 Takeoff Worksheet 04/14/11 Ou-, William H. Baker Construction, Inc. Takeoff Worksheet by Bid Item and Cost Code; with Notes Job# 554 to 554, Phase# 5 to 5 Extended Assembly# Part# Description Cost Code# Unit Quantity Price Ext. Price Bid Price *A 62 Dancing Bear Job: 554 Bid Item: 1 General Requirements 92010102000000 Project Management 1060.000 Ho 45.00 75.000000 3,375.00 3,649.05 Project management - planning for the duration of the project. 94028000000000 Fencing Subcontractor 2800.000 Ln 761.00 9.500000 7,229.50 7,816.54 6' high typical privacy fence on all four sides of the properly with one gate on the North east side for access 1402100000 Project Protection 3045.000 Is 1.00 6,075.000000 6,075.00 6,568.29 Pricing for the protective capping of the existing sub-grade access through the main level floor. Openings including the car elevator shaft, passenger elevators, area wells and stairwells. 98203821500000 Grading work around the building 1070.000ls 1.00 23,024.000000 23,024.00 24,893.55 Grading around the building and hydro seeding as needed. This provides for positive drainage around the building and slopes all soils away from the building. 94029000000000 Landscaping Subcontractor 2810.000 LS 1.00 2,250.000000 2,250.00 2,432.70 An allowance of $3000.00 for erosion control at the perimeter of the building and for tree care for the existing cottonwood trees. 3242000000002 Permits and Fees 1070.000 LS 1.00 15,000.000000 15,000.00 16,218.00 AA Estimate for the building permits and ROW encroachment permits Bid Item Total: 56,953.50 61,578.13 Grand Total: 56,953.50 61,578.13 Report 9-5-0-02 04/14/2011 steve Page 1 of 1 09:37 AM .. Sheetl EÂ»he,r A STUTSMAN-GERBAZ EARTHMOVING 30376 HGWY. 82 SNOWMASS, CO 81654 970 923-2734 l -4 PROPOSAL 4/6/2011 ---- - e ----~- - William H Baker Construction Dancing Bear 210 AABC Ste MM Aspen, CO Aspen, CO ~%~ .14, .,~~ 1 Description Comment _ ' Qty -r. Units -UnitCost XtdCost Fill areas around building, grade and hydro seed. MOBILIZE 1 LS 135 $ 135.00 DEAN STREET SIDE DELIVER NATURAL FINES 23 LOADS 285 $ 6,555.00 DEAN STREET SIDE -- PLACE AND SPREAD MATERIAL * 1*LS ~ _ 4025 $ 0- 4,075.00 MONARCH STREET SIDE GRADE EXISTING MATERIAL 1 -LS - 855 $ 855.00 DURANT STREET SIDE DELIVER TOPSOIL 4 LOADS ' 285 $ 1,140.00_ DURANT STREET SIDE PLACE & SPREAD MATERIAL BY HAND 1 LS 5490 $-- 5,490.00 -'-mÂ£%W.** I # BETWEEN BUILDINGS DELIVER TOPSOIL 2 LOADS 285 $ 570.00 BETWEEN BUILDINGS PLACE & SPREAD MATERIAL BY HAND 1 LS . 2745' $ 2,745.00 ALL SIDES HYDRO SEED 1 LS 1309 $ 11,309.00 SUPERVISE/LAYOUT 2 HR 100 $ 200.00 TOTAL $ 23,024.00 ~ - 7 - M t- t-/-'--Â· - - 1- p F NOTES ROCK CLAUSE, FROST CLAUSE, DEWATERING CLAUSE UTILITY AND SPRINKLER LINE RELOCATING IS NOT INCLUDED TRAFFIC CONTROL AND PARKING FEES ARE NOT INCLUDED } Figured by Dave Stutsman #*.% 1---. cave,5@sqearthmoving.corn ~ - - . *- - -- *i#**/.w w n.~n..â€ž.- .- -- Page 1 .. 63 Â¥h 8,1- E . 1 1] HILLEN CORR WILLIAM D. HILLEN - A CORPORATION 7600 DAHLIA â€¢ CoWWFACE CrrY, Co 80022 â€¢ 303-287-2664 â€¢ FAX 303-287-1663 March 1, 2011 Submitted To: WHB Construction Attn: Steven DeClute Phone: 970 925 2391 Email: steve@whbconstruction.com Project: Dancing Bear Project Address: Aspen, CO Plans Dated: N/A Scope ofWork and Qualifications 1. Demolish and removethe structure down to top of concrete down to first level elevation 1 03'- 0". The structural slab at first level, foundationsand all other construction below will remain. 2. Removal ofcast in place concrete elevatorshafts and stairwells willbe removed down to elevation ] 03" - 0". 3. Concrete saw cutting at separation points is included. Steel columns will be rough cut at their separation points that will remain. Finish cuts are not included. 4. Haul resulting debris from site, dump fees included. 5. Work areas will be left in a broom clean condition. Total $ 218,500.00 Exclusions 1. Asbestos survey 2. Asbestos or Freon removal 3. Neighbor Notifications 4. Imported fill material 5. Specific gradingor compactingrequirementsaround the structure after demolition work has been completed 6. Erosion control or Erosion Control Plan 7. Site fencing, barricades or signage. 8. Building / demolition permitsright of way permi* sidewalk or traffic closure permits 9. Utility disconnects or safe,offs. 10. Barricades or covers for shafts, floor openings, fall hazards that will remain after the demolition has been completed. Note: All asbestos & hazardous materials must be surveyed, identified and removed by the owner, prior to demolition, as required by OSHA, local building codes and the Statei]Colorado. Written documentation of this survey and removal (if removal is required), must be submitted to Hi lien Corporation prior to obtaining the demolition permit USED BRICE - DEMOLITION .. , Page 2 of 2 Dancing Bear Project Aspen, CO State regulation now requires a cert:fied inspector's signature on the Demolition Notification form that must be submitted to the Colorado State Health Department teR (10) working days prior to demolition.This regulation applies to residential and commercial structures. Owner will be rewired to keep building or site secure and in a safe condition prior to the start of demolition. We carry Colorado State Compensation Insurance and $ 2000.000.00 General Liability Insurance. These certificates are available upon request. Any alteration or deviation from the above specifications involving extra costs or credits will be executed only upon written orders. All agreements are contingent upon weather, incidents or delays beyond our control. Note: This proposal may be withdrawn if not acceped within 30 days. Payment is due by the 108 of the month following job completion. Finance charges of 1 3/4% per month (21% per annum), plus collection costs, including reasonable attorney's fees incurred by contractor, shall be added to past due accounts. Respectfully submitted, William D. Hillen, a Corporation Accepted by: Rick Cowell Date WHBConstlll .. Jennifer Phelan From: Jean Coulter bean@dancingbearaspen.com] Sent: Tuesday, April 19, 2011 2:23 PM To: Jennifer Phelan; Stephen Kanipe; Scott Miller CC: 'James DeFrancia'; 'Jean Coulter'; 'Steve DeClute' Subject: Dancing Bear Mountainside Deconstruction Scope Confirmation Attachments: Deconstruction Scope Confirmation_041911.pdf Hi Jennifer, Stephen and Scott: Please find attached the follow-up documentation to our meeting on April 7. Kind regards, Jean Jean Coulter Vice President Weston Capital Corp. - Receiver (T) 970.429.6502 (M) 303.882.0702 P.O. Box 1593 Aspen, CO 81612 1 ~ WESTON CAPITAL CORPORATION~ RECEIVED POST OFFICE BOX 12393 ASPEN C0L0RAD0 8 ] 612 NOV 2 9 2010 970-544-6900 CITY OF ASPEN COMMUNITY DEVELOPM[NT November 29,2010 Ms. Jennifer Phelan Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: Resolution No. 78 (Series of 2010) Parcel No. 273 513 106002 Dear Jennifer: This letter will respond to the several requested action items enumerated in the above-referenced resolution of 27 September 2010 and also confirmed in our meeting on Monday 22 November 2010. Please advise of any comments or questions as necessary. 1. An amendment to t he recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days ofapproval of the extension of vested rights request and incorporates all conditions required as part of the approval. Draft SIA submitted 26 October 2010. 2. Within 60 days of an approval of extension ofvested rights, the temporary gas utility meter should be disconnected unless there is a need for heat. The meter is still connected to the main line and subject to damage. The building requires gas service during the winter months to provide heat to the foundation; the gas service is disconnected each Spring and reconnected in the fall. We have relocated the temporary gas meter into the building so that it is protected from impact and weather. Please refer to Exhibit A for photograph. 3. Within 60 days ofan approval of extension of vested rights, the construction service electrical service should be disconnected unless there is a need for power. The service appears to be connected. The building requires electrical service to provide for safe conditions on the sub-grade floors and to power the storm sewer pump. Electrical service is provided through the temporary construction panel on Dean St., protected behind construction fencing. 4. The non-galvanized bolts and nuts at the column and girder connections are rusting, within 60 days of an approval of extension of vested rights. A report from the engineer on record shall be provided outlining any necessary remediation. Additionally, the engineer on record will outline any necessary remediation prior to commencement of development. KL&A, Inc., the project's structural engineering firm has recently visited the project and provided the attached report addressing that no remediation is immediately required. Please refer to Exhibit B for KL&A's reports. '' .. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. There is no standing water in the below-grade levels. Please refer to Exhibit C for photographs. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. Confirnied. 7. Prior to reactivating construction on the site, special inspection ofthe concrete walls, slabs and elevator shafts shall be performed and approved. Confirmed. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over-laid with new asphalt from the centerline of Monarch to the curb on the west side of Monarch Additionally, -within two years of an approval of an extension of vested rights, asphalt restoration from the centerline of Dean to the curb on the north side of Dean shall be undertaken unless commencement of development on the site it reactivated, in which case restoration shall be required no later than issuance of a Certificate of Occupancy. This work has been performed. After review on November 22,2010 with the City Engineering department, the placement of the asphalt on Monarch is accepted, with material testing for compliance to City standards to be performed in the Spring. The City of Aspen Engineering Department punch-list dated 2 November 2010 requires additional actions scheduled for remediation in Spring, 2011. A copy of the punch-list is attached as Exhibit D. The parties agreed that the Receiver or Owner of the Property may employ the services of an independent consultant acceptable to the City to validate compliance ofthe Monarch St. and Dean St. asphalt to the City engineering standards. 9. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) must be completed; there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. This work has been performed and accepted by the City, subject to the 2 November 2010 punch- list. A copy of the punch-list is attached as Exhibit D. 10. Within 60 days ofan approval of extensionofvestedrights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADA ramps. This work has been performed and accepted by the City, subject to the 2 November 2010 punch- list. A copy ofthe punch-list is attached as Exhibit D. 11. Within 60 days ofanapproval of extensionof vestedrights, trash pick-uponsite must be completed, and maintained, this includes debris within the building site and surrounding the building site. .. A service agreement has been executed with William H. Baker construction for site monitoring including trash pick-up, safety review and general inspection and mediation. Copies of these inspection reports will be provided monthly to the Community Development Departments including Building, Engineering and Planning. A copy of the Service Agreement and Walkthrough Checklist is attached as Exhibit E. 12. Within 60 days ofan approval of extension of vestedrights, permanent stabilization ofthe site, due to erosion, is required. This can be vegetation or stone. The site area has been mulched, additional site stabilization will be provided at the NW corner of the site with stone in the Spring, 2011. 13. Within 60 days ofan approval ofextension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site. This has been performed and accepted. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. Confirmed. 15. Within 60 days ofan approval of vested rights, improved,fencing aroundthe site shall be installed. Thefencing may be a combination of chain link and wood to improve the aesthetics. The construction fencing installation has been improved and aligned. New fencing wrap material has been applied. The site will be monitored to ensure that the material remains in high quality condition and in good repair. This installation has been accepted. 16. Within 60 days of an approval of vested rights, a bond or other security acceptable to the city shall be issuedfor restoration Of the property if no action is taken on the property within the period of the extended vested rights, A non-binding estimate is being prepared by a qualified firm for the scope of work and will be presented to the City for approval. A performance bond or irrevocable letter of credit in favor of the City will then be presented. 17. During theperiod ofthe extendedvestedrights, consistent monitoring ofthe sitefor trash and safety issues will occur. A service agreement has been executed with William H. Baker Construction for site monitoring including trash pick-up, safety review and general inspection and mediation. Copies of these inspection reports will be provided monthly to the Community Development Departments including Building, Engineering and Planning. A copy of the Service Agreement and Walkthrough Checklist is attached as Exhibit E. .. 18. The extension of vested rights shall not be effective until all conditions are met. Understood; all required actions will be performed before the expiration of the existing building permit on June 30,2011. Sincerely, //7.\.1~ James DeFrancia Jean N. Coulter: President Vice President WESTON CAPITAL CORP. WESTON CAPITAL CORP. . I r ..1 a -- I 4 , '5-,Â·~.. 'Â·.I '~9, -fo...1 7 .4 #22/, 1 i r-4 6,r,' I./r - 4 / 1 - , Jâ€¢~~~~ P ' /'ll#Â£ e 2/ I ... 4 71. i --1 - l 12TLE,3 .-Â· Â·-3Â¥r . *4Bt 7 - - 1. - 7 ~ 7:th r.aN., - - -0. , . 4 .//~/'-66,6-6-----17'://,ArÂ· 9 I. ': I 4 -. 1 # - , ..2 1 *ti f' , N. â‚¬1 ..6. .0 I. , '1, + -4 4 - 4 4 1. - ... .& 4 I U - ./ 4 ..: y ; ./.*lk. ...p. . .- 4 0 . w. r 11,0 1 - $ t. t -/4 Â· 1 .. .' 0 '4 & 4.44 14\ \ 3 f 14 n 4. .m 3 â€¢ f }12 1 Bil elf> 1 -~2+ f & Â¢ en 1 1, . i *94 41 4% t , 1 G.>' Higir 8 .. KL&>A, Inc. Structural Engineers and Builders 421 East 4th Street Loveland, CO 80537 Ph: 970-667-2426 Fax~ 970-667-2493 1717 Washington Avenue, Suite 100 129 Emma Road, Unit A 3457 Ringsby Court, Suite 212 Golden, CO 80401 Basalt, CO 81621 Denver, CO 80216 September 22,2010 Jean Coulter Weston Capital Receiver P.O. Box 1593 Aspen, Colorado 81612 Re: Charthouse Lodge Exposed Connections Dear Mrs. Coulter The purpose of this letter is to address the concerns presented by the City of Aspen regarding the corrosion of exposed structural steel fasteners at the Charthouse Lodge. On June 7, 2010 a representative of KL&A, Inc. walked all levels of the exposed structure to observe and document the current condition of structural elements and connections and to identify any significant damage. A letter dated June 16, 2010 was provided to you documenting the observations made. The City of Aspen has presented concerns about the corrosion of non-galvanized fasteners and has suggested that corrosion be removed and fasteners be treated with a corrosion inhibitor. Minor corrosion was observed on the non-galvanized structural steel fasteners. In our opinion: no significant structural damage to the fasteners has occurred as a result of environmental exposure and protection of the exposed fasteners is unnecessary at this time. Based on the atmospheric conditions in Aspen, the anticipated corrosion rate for the exposed structural steel fasteners is 1.25 mils/yr. At this rate, the fastener diameter would be reduced from 0.75" to 0.74625" over a 3 year exposure term. Ill our opinion. this reduction in diameter is negligible. Additionally, it is anticipated that a representative of KL&A, Inc. will perform annual observations to monitor the condition of the exposed structure and make recommendations for protection of exposed structural elements as required and that prior to commencement of further construction a thorough evaluation will be performed. Prepared By, ,, Reviewed By, ..~rzz------.-$(~--=---#1..- 64LS':bo 4... a 6 -' t---- - :O dm.16,--, :orÂ¤ 0 M Christopher S. Kendall, P.E. James C. hni#n,11.6 ...co 0 Project Engineer Vice Preside A ' Â·Â·.....Â·* 4 4E,ESSIONAL . G \Charthouse Lodge Site Observation K0774\Cons#(86n Admin\Correspondence OUTâ‚¬harthouse Connections doc â‚¬xer,86- E .. KL &A, Inc. 4, Structural Engineers and Builders 421 East 4~h Street Loveland, CO 80537 Ph: 970-667-2426 Fax: 970-667-2493 1717 Washington Avenue, Suite 100 129 Emma Road, Unit A 3457 Ringsby Court, Suite 212 Golden, CO 80401 Basalt, CO 81621 Denver, CO 80216 June 16, 2010 Jean Coulter Weston Capital Receiver P.O. Box 1593 Aspen, Colorado 81612 Re: Charthouse Lodge Exposed Structure Dear Mrs. Coulter We have reviewed the in-place exposed structure of the Charthouse Lodge to determine if any significant structural damage or degradation has occurred due to environmental exposure. Our review consisted of visual observation of all levels of the structure. Summarv On June 7, 2010 a representative of KL&A, Inc. walked all levels of the exposed structure to observe and document the current condition of structural elements and to identify any significant damage. Based on our observation, no significant structural damage has occurred as a result of environmental exposure. Background The Charthouse Lodge is a composite steel framed structure with two levels below grade and four levels above grade. The parking level is slab-on-grade. The lower level, and above grade levels are composite steel framing. The roof is metal deck over steel framing. Foundations are concrete walls and spread footings. See Photo 1 below. G:\Charthouse Lndge Site Observation K0774\Construction Adrnin\Correspondence OUTChartht,use Review.doc .. *41Â¥- *6. e A , ' fe li~ .2 I & -J L :-. 4 ' AS Photo 1 - In-Place exposed structure of Charthouse Lodge The primary structural system is nearly complete and has been exposed to the environment throughout the winter of 2010 and will continue to be exposed for an undetermined period of time. The structure was not designed for long term environmental exposure so observations made were focused on potential damage to structural elements due to environmental exposure. Potential damage includes but is not limited to: freeze thaw damage to concrete slabs, frost heave of interior foundations, corrosion of unprotected steel, and damage due to thermal expansion and contraction. Of these, the potential for frost heave of interior foundation components is of greatest concern. Tile lower level and parking level of the structure was heated throughout the winter to reduce the potential risk of frost heave. Approach Composite concrete slabs were observed for cracking or other surface defects indicative of freeze thaw damage. The parking level slab-on-grade and exposed foundation elements including walls and pilasters were observed for cracking indicative of frost heave. Steel columns were spot checked for plumb as a possible indication of frost heave or thermal movements. Unprotected structural steel members, decl<ing, and connections were observed for corrosion. Page 2 of 7 KL&A, Inc. '4 fed 4, i .. Observations Several surface cracks were observed in the composite slabs. See photo 2 below. Cracks were measured using a crack gauge and were typically less than 0.060 in. (approximately 1/16) in width. Cracks were located as expected near re-entrant corners, over girders, and areas of varying slab support such as concrete walls. These cracks are not detrimental to the structure, are typical in composite concrete construction, and are not associated with environmental exposure. Photo 2 - Sudace Cracking of Composite Slabs Page 3 of 7 KL&A, Inc. 462r] .. Some spalling of the composite slab surface was observed in an isolated area on the third level near grid B between gridlines 1 and 2. See photo 3 below. This spall could be attributed to freezing and thawing. Because they are intended to be interior surfaces, the concrete mix for composite slabs does not include air entrainment which can help prevent freeze thaw damage of exposed concrete surfaces. This spall is relatively minor and is not detrimental to the structural integrity of the slab. The spall can be easily repaired to provide a smooth slab surface when construction resumes. - '9--r. 1 01 ' & R* .1 * f t. I:/4* * ,â‚¬ 1 4* ./ - I ' :.p I 'iâ€ž Â· Â·. r/. 1 4 i I I --&.= 4P I . .1. . I. .1. -. . . Â·Â· .cr. 3;: o . s #Cy ... , 91% 0. 4 Â¥ # 4Â·' t~- â€¢6*-te*t~ 6 2 t 'S~ 41 4 41, 4 ' '92 6 01 . rd, 999 . 9 â€¢~ r Pitoto 3 - Spalling Ofthird level composite slab suÂ®ce Page 4 of 7 KL&A, Inc. 3*11 I. GS' .. Steel columns were spot checked for plumb as a possible indication of frost heave or thermal expansion and contraction. Columns were checked using a level and were within standard construction tolerances. Minor corrosion was observed on a majority of the exposed unprotected structural steel. See Photo 4 below. The corrosion is believed to be limited to steel surfaces and is not believed to be detrimental to the structural integrity of the building. 9. Â·22% Â·it. 1. 1-e r Â·Â·-/ AM - 9 ... Â·aCÂ· - Â· '4:rÂ· t =11 " .r ... O + N . Photo 4 - Corrosion of exposed structural steel beams and columns. Page 5 of 7 KL&A, Inc. f~ .. Minor corrosion was observed near some of the puddle welds attaching the roof deck to the supporting steel framing. At several isolated locations, the decl<ing was corroded through and had separated from the supporting structure. See Photo 5 below. At locations where the deck has separated from the supports, replacement of the welds will be required when construction resumes. However, repair is not necessary at the present time. 1 1 h , & -2 ., ........... ft:Â·-16 Photo 5- Corrosion through Roof Deck at Puddle welds Page 6 of 7 KL&A, Inc. ~ .. Recommendations Based on our observations, no significant structural damage has occurred due to environmental exposure. Some minor repairs will be required when construction resumes including: repair of spalled concrete slab surfaces, su]face cleaning of the structural steel, and replacement of puddle welds at locations where the roof deck has corroded through. In addition, it is recommended that the parking and lower level are heated when temperatures drop below freezing. IIi our opinion, a moderate term (1-3 year) environmental exposure of the structure will not be detrimental to the overall structural integrity of the building. Some minor local repairs will be required and may increase in number as the length of exposure increases. Review Limitations This report was based on visual field observation performed by KL&A, Inc. 6//7/2010. No material testing or destructive testing was performed. This report was prepared in accordance with the standard of care for engineering practice. No warranties are provided, either express or implied. Please feel free to call with any questions. Prepared By, Christopher S. Kendall, P.E. Reviewed By, F. 0 ~%63 6 (*De,jin James C. Hohmann, P,E. r Office Manager 1 Â»91:1.6Ng.*F Page 7 of 7 KI.&A, Inc, 1* -ti.*.a- .- .4,9.%0'Er 2,- - 1 . 1 I.../. 6--- lili&& **/6... ---- A////A).7~9<* .1 -4 EX tÂ¥, 8.r E LLÂ·3_ 1 C){2 Yvrou,--mÂ«.,_5-laDE- 4.:. r 1*W-/ ' p.. I /*:fÂ· 410~Â· 20*, 7* 1 931-Il.I- ..Â·!Â·Â·.'tib- EX,-Â¥'14<E- t> LL 2- 'Â· OB YMOuw,A,-AD V EX rbetr~ City of Aspen Engineering Department THE CITY OF AsPEN FINAL INSPECTION PUNCH LIST FOR WARRANTY ISSUES Page of- DATE: Permit Number li~7.~ 110 Location 1/F#562:ryop oF Di,KA-,or f Ploo...0, Permittee: Â©rk"*Ax. H. BAct/-FEA- 60.-1 4 TAL/07Â»J Contractor: Date work was Item Condition complete w/Inspectors i AgeK#ur ap htÂ®Ass-1 T Par Arrsn~) '4Â·ct:BELK &440/686*TÂ¥_ 2 Initials F a 41=G K AB O 4 29 t, urreÂ¥L 1 Ilkvt.A46 -rh 63?a,TER. (3 Agsr- enwizek 77421- 0651- ar PULWT AP A 2442 - 20.3 FEEÂ¥.'UL "5 1 FAA+ S. 3 6 'prra TA,a UNKEW Gif iR,Ak 34-DEÂ·*r-' De MA.Ae # '325 Tze, FLAY-- 9 iZE? LAA f. AfT *14 F. 2 D,/NAÂ·or. A At-JAR,-0 18 17'ra=021,'A 5 066Aa marrgg 'toj or AL DEM-2-5 2.424, A .1 ar 6446 4 7*43206 7*rol A. FEew,Rj 6% Deâ€¢Â·34*-1-1 -F A,.74**J- < *As:, D.69,1:Law> 04-VD 642,- 6'AbeE Note: The security (bond, letter of credit, cash/check deposit) will be released once all requirements are completed by the assigned due date. * 76 134]3.-15 *-62<1â„¢68 Re- A,58% Atr,/Al-r c.Â»wED,Tzoo 11> S 72113 4 Ze 4 Items must be complete within tw(i weeks of receipt of this punch list, and a final walk through must be scheduled with the inspector for sign off/approval. Completed By: (Contractor) Inspector Assigned: \\jupiter\engineer\ROW Pennit Info\Final Inspection Punch List.doc 1/v linam n. Daker CONSTRUCTION Agreement for Services November 158, 2010 Attention: Jean Coulter Weston Capital Corporation P.O. Box 1593 Aspen, Colorado 81612 Service Agreement for the Dancing Bear Maintenance Program Agreement date - November 15th, 2010 On a semi-monthly basis Baker Construction will inspect and report on the following: â€¢ Review of the building for cleanliness and public safety. â€¢ Inspection of the carbon monoxide sensors. â€¢ Inspection of the Fire Extinguishers. â€¢ Inspection of the on-site lighting. â€¢ Inspection of the Storm water tanks - confirm that there is no standing water above the level of the pump float. â€¢ Inspection of the elevator shaft to confirm there is no standing water. â€¢ Inspection of the roof structure throughout the winter months. Per the engineer of record - the roofwill be cleaned when there is more than 30" of snow on the roof assembly. â€¢ Inspection of the heating system - so that the sub-grade levels are maintained above freezing per the request by the engineer of record. â€¢ Review of the exterior perimeter of the building - confirming the building is safe and the fencing in good shape. William H. Baker proposes to complete the following on a semi-monthly basis. This work will be billed at on a Time and Material Basis. WHB Construction's hourly billing rates will be used for employees of WHB construction. All materials and third party services will be 210 AABC Suite MM Aspen, Colorado 81611 Phone: 970.925.2391 Fax: 970.920.2951 info@whbconstruction.com www.whbconstruction.corn 4> JÂ·, .. , Â¥V. William H. Baker CONSTRUCTION Marked-up at 10%. The reports generated in the semi-monthly inspections will be made available to Weston Corp at any time. This Service agreement expires on November 15th 2011 and can be renewed at that time. Weston Corporation may terminate this agreement by giving WHB construction a written notice at any time and Weston Corp. will be liable for all work fees incurred up to that time. / bvy Jean Coulter Steven DeClute Vice President Project Manager Weston Corporation William H. Baker Construction 210 AABC Sujte MM Aspen, Colorado 81611 Phone: 970.925.2391 Fax: 970.920.2951 info@whbconstruction.com www.whbconstruction.com I -4-z.=: U, 1,4 . , 2 2..~ 1 ...4 + *' t.,-.". t ** ~:54*:A,1*M-4*r,N#%-*4%&*'A"r,=XÂ· .. , WILLIAM H. BAKER CONSTRUCTION Dancing Bear Semi-Monthly Audit Date Weather Project. Temp Superintendent, Walkthrough Checklist: jCarbon Monoxide Sensors: Battery Change Date ~Fire Extinguishers Next Service Due Date ~Building Cleanliness E] Lighting Operation ~Storm Water Tank CE]No Water in Elevator Shafts j Snow Removal is Complete (Less than 30" on terrace Roof) E3Heating System: Current Temperature: Walk Entire Exterior of Site E]lt is Clean and in Good Order CJTrash Pickup was Needed Fence Condition ~Good C]Repair Needed (Note Details below) Areas of concern and/or problems encountered: Potential Solutions~ Remediation Activities: Other Comments Dancing Bear Walkthrough Checklist.xls = .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Dancing Bear Land, LLC, PO Box 1593, Aspen, CO 81612. Property Owner's Name, Mailing Address and telephone number Lots 6,7.8 and 9. Block 3 of the Eames Addition to the City and Townsite of Aspen and commonly known as 219 E. Durant Ave. Aspen, CO 81611 Legal Description and Street Address of Subject Property Extension of vested property rights of a site specific development plan Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 78 (series of 2010) 9/27/10 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 10, 2010 Effective Date of Development Order (Same as date of publication of notice of approval.) June 30,2014 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 11 th day of October, 2010, by the City of Aspen Community Development Director. A A Chris Bendon, Community Development Director 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDREss OF PROPERTY: Al ~ A , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) 444 Uet being or represeliting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: #~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 44 Le--9 Signature The foreping "Affidavit of Notice" was acknowledged before me this / 2. day of OU--064 , 20(Ill, by *,+~=46,1 SCCMen WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 1-/ ~911 \ a LaÂ« 14 -Â«o-Â»A 1 J. Notary Public . ' 0 ?.fi{~ 1~3 '' . ATTACHMENTS: ;12 : 4:Er .1.' - -: F- 16 . S /-64 COPY OF THE PUBLICATION ~ .< .* C /2 'ffy rl>39 .... - t..'.... DELINQUENT IAX LIST . . For the Year 2010 5* 1 Notice is hereby given that I wil~. according to the law, offer at public sale at the office of the Treasurer of the County of Pitkin, State of Colorado on the 4' day of November, 2010 and succeeding days, commencing at the hour of nine o'clock AM of said day, so much of the following described real estate and mining properly. situate in said county <,f which taxes for the years mentioned have not been paid as shall be necessary to pay tax herein below set down, together with interest and penalties. R000815 100 W FRANCIS LLC 60! E HYMAN AVE ASPEN. CO 81611 Subdivision: CITY AND I OWNSITE OF ASPEN 6, BlockÂ· 55 Lot. Q AND: - Lot RAND: -Lot: S ~ Tax $41.523.52 Interest $2.906.65 Other $32.00 100 W FRANCIS ST Total DueÂ· $44.462.17 ..4. i 5 PublicÂ·Notice 21 PUBLIC NOTICE Of DEVELOA,ENT APPROVAL Notice is hereby given to the general public of the approval of extension of vested property rights of a site specific development plan pursuant to the Land Use Code of the City of Aspen and Title 24. Article 68, Colorado Revised Statutes. pertaining to the following described property: legally described as Lots 6,7,8 and 9. Block 3 of the Eames Addition to the City and Townsite of Aspen and commonly known as 219 E. Durant Ave. Aspen, CO 81611 by order of the City Council on September 27,2010. The extension of vested rights is for a three year period that will commence on June 30, 2011 and expire on June 30, 2014. For further information, contact Jennifer Phelan at the City ot Aspen Community Development Department, 130 S. Galena St. Aspen, CO. (970) 429.5090. iennifer.phelan@ci.asoen.co. us. 9/ Michael C. Ireland, Mavor Aspen City Council P~b~h~d ~~Stc&*pen Times Weekly on October -~ . RESOLUTION NO.78 (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2005 FOR Till PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3 OF THE EAMES ADDtTION, BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273513106002 WHEREAS, the Community Development Department received an application from Weston Capital Corporation (Receiver), represented by Jim DeFrancia, requesting approval of an extension of the vested rights granted for the 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005; and. WHEREAS, City Council adopted Ordinance No. 32. Series of 2005, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of eleven (11) timeshare lodge units with twenty-one (21) keys and two (2) affordable housing units until September 8,2008; and, WHEREAS, the applicant submitted and received a building permit during the above referenced vesting period, began construction of the project, and has an active building permit until June 30,2011: WHEREAS, a development order remains valid subject to limitations outlined within the international Building Code; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WIIEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights and the building permit until June 30,2014; and, WIIEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WIIEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of Resolution No. 78, Series of 2010 Pagel of 4 vested rights proposal. with conditions, is consistent with the goals and elements of the Aspen Area Community Plan. and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion o f public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve an extension of vested rights as approved by Ordinance No. 32, Series of 2005 through June 30,2014, as well as an extension of building permit number 0037.2007.ACBK for the same time period conditioned on the following: t. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 6() days of an approval of extension of vested rights, the temporary gas utility meter should be disconnected unless there is a need for heat. The meter is still connected to the main line and subject to damage. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service should be disconnected unless there is a need for power. Ihe service appears to be connected. 4. The non-galvanized bolts and nuts at the column and girder connections are rusting, within 60 days of an approval of extension of vested rights. A report from the engineer on record shall be provided outlining any necessary remediation. Additionally, the engineer on record will outline any necessary remediation prior to commencement of development. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, stabs and elevator shafts shall be performed and approved. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over-laid with new asphalt from the centerline of Monarch to Resolution No. 78. Series of 2010 Page 2 of 4 the curb on the west side of Monarch. Additionally, within two years of an approval of an extension 01 vested rights, asphalt restoration from the centerline of Dean to the curb on the north side of Dean shall be undertaken unless commencement of development on the site it reactivated, in which case restoration shall be required no later than issuance of a Certificate of Occupancy 9. Within 60 days of an approval of' extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch. Dean, Durant) must be completed; there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. 10. Within 60 days o f an approval o f extension o f vested rights, sidewalk on Monarch between Dean and I)urant needs to be completed along with appropriate ADA ramps. 11. Within 60 days of an approval of extension of vested rights, trash pick-up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights. permanent stabilization of the site, due to erosion, is required. This can be vegetation or sto ne. 13. Within 60 days of an approval of extension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. 15, Within 60 days of an approval of vested rights. improved fencing around the site shall be installed. The fencing may be a combination of chain link and wood to improve the aesthetics. 16. Within 60 days of' an approval of vested rights, a bond or other security acceptable to the city shall be issued for restoration o f the property i f no action is taken on the property within the period of the extended vested rights, 17. During the period of the extended vested rights, consistent monitoring of the site for trash and safety issues will occur. 18. The extension of vested rights shall not be effective until all conditions are met. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or Resolution No. 78, Series of2010 Page 3 0 f 4 .. documentation presented betbre the City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, zinless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordin ances. Section 4: if any section, subsection, sentence. clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent junsdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo f. Section 5: A duly noticed public hearing on this Resolution was held on the 27th day of September, 2010 at 5:00 PM in the City Council Chambers, Aspen City 1Iall, Aspen, Colorado. FINALLY, adopted, passed. and approved by a three to one (3-1) vote on this 27th day of September, 2010. Approved as to form: Approved as to content: A ~ C A, ; Vul VulÂ«t /jim True, Special Counsel Michael C. Ireland,Alayor Attest: . 4-01,4-di- u.~Â»-?tl/dl 1. c C-4 cÂ¢tful~ Kathryn S. Koch, City Clerk Resolution No. 78, Series of'2010 Page 4 of 4 Regular Meeting Aspen Citv Council September 27, 2010 Heather Isberian said she is concerned about enforcement of sign regulations, which is currently a complaint based system. Ms. Isberian said she finds it difficult to complain about other businesses. Ms. tsberian told Council being able to put signs out announcing sales works and it would be di fficult i f these were limited to 4 or 6 weeks. Mayor Ireland said Council favors option C for sandwich boards, more data on present degree of compliance, and what grandfathering of signs would look like. Councilman Romero moved to continue Ordinance #17, Series of 2010, to October 25; seconded by Mayor Ireland. All in favor, motion carried. RESOLUTION #78, SERIES OF 2010 - Extension of Vested Rights Dancing Bear Councilman Romero recused himself. Mayor Ireland said his issue with extending vested rights is that the property needs to be cleaned up and there has to be a point where this project gets remediated if it does not work. Mayor Ireland said he would like extension of vested rights conditioned on cleaning up the site and removing not needed equipment. Jennifer Phelan, community development department, said this request is to extend vested rights and the building permit approvals for 219 East Durant, Dancing Bear phase II to June 2014. The approval is for 11 time share units, 21 keys and 2 on site affordable housing units. The approvals expire on June 2011. This property is in receivership and active litigation. Ms. Phelan said the applicants feel the extension of vested rights is necessary to resolve those issues. Ms. Phelan noted there are recommended conditions of approval. Staff requests within 30 days an amendment to the adoption of the subdivision improvement agreement be approved, Most conditions have to do with site work to be completed in the next 60 days. Jean Colter, representing the receiver, said the city should consider requiring a more permanent fence surrounding the site. Councilman Johnson said he would like to see fencing that secures the site and looks nice visually. Ms. Colter committed to cleaning up the site as well as to continual monitoring. Councilman Torre asked what the options for this property are. Ms. Colter said one of the major issues preventing movement of the project is litigation and bankruptcy proceedings with no clear owner of the properly. The trustees are charged with maintaining and protecting the property while the issues are being resolved. Ms. Colter said the reason for 3 years is to have enough time to resolve these issues and to have a known development. Councilman Torre asked if denying this extension would give the city greater flexibility to see a new application. Jim True, special counsel, opined it would not. Mayor Ireland noted this request would allow the applicants to refinance in order to complete the project. Mayor Ireland said he would like a condition added that the vested rights will take effect when the site is cleaned up and fencing installed. Tom Todd, attorney for the receiver, said the receiver may not have the authority to post bonds and he will research this. Mayor Ireland moved to approve Resolution #78, Series of 2()10, Extension of vested rights for the Dancing Bear conditioned additionally upon vested rights taking effect 8 Regular Meeting Aspen City Council September 27, 2010 when the clean up and fencing is complete and a bond is posted for restoration o f the property or security acceptable to the city attorney shall be posted for rcmediation of the property at the end of vesting; seconded by Councilman Johnson. Mayor Ireland opened the public hearing. Iiugh Hatcher, 205 E. Durant, representing South Point condominiums, reminded Council their building is right next to this construction site. Hatcher said he has met with the receivers and agrees the most viable alternatives to getting this project underway by 2014 is to support this extension. Hatcher said their condominium association worked with the developers on the approved plans and their issues were resolved in those plans and they feel they have an investment in the approved plan. Councilman Torre stated he is opposed, generally, to vested rights as an extension of construction-based problems in the community. Councilman Torre questioned whether this project was in the best interests of the community when originally approved and now. Councilman Torre noted he likes the inclusion of financial assurances but feels some or all of the 14 conditions should have already been worked out. All in favor with the exception of Councilman Torre, motion carried. Jim True, special counsel, reminded Council extending Ordinance #48 negotiations for the Given Institute has been extended to October 25th, and staff is requesting an extension of that one more day to October 26th to match the demolition permit. Councilman Johnson moved to extend Ordinance #48 negotiations for the Given Institute to October 26; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to go into executive session at 8:00 p.m. pursuant to 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest and (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to come out of executive session at 8:50 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 8:50 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Kathryn ~/Koch, die Clerk 9 0 0 *Ma\&4 9 U,Z,vb RESOLUTION NO. _ 421:tu (Series of 2010) rowk.1\ 04 A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, â‚¬ 12*) SERIES OF 2005 FOR THE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3 OF it --- THE EAMES ADDITION, BEING A PARCEL OF LAND COMMONLY tVul LA/~ DESCRIBED AS 219 E. DURANT AVENUE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273513106002 WHEREAS, the Community Development Department received an application from Weston Capital Corporation (Receiver), represented by Jim DeFrancia, requesting approval o f an extension of the vested rights granted for the 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2005, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of eleven (11) timeshare lodge units with twenty-one (21) keys and two (2) affordable housing units until September 8,2008; and, WHEREAS, the applicant submitted and received a building permit during the above referenced vesting period, began construction of the project, and has an active building permit until June 30,2011; WHEREAS, a development order remains valid subject to limitations outlined within the International Building Code; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights and the building permit until June 30,2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of Resolution No. _, Series of 2010 Page 1 0 f 4 .. vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve an extension of vested rights as approved by Ordinance No. 32, Series of 2005 through June 30,2014, as well as an extension of building permit number 0037.2007.ACBK for the same time period conditioned on the following: 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 60 days of an approval of extension of vested rights, the temporary gas utility meter is still connected to the main line and subject to damage. The meter should be disconnected unless there is a need for heat. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service appears to be connected. The service should be disconnected unless there is a need for power. 4. The non-galvanized bolts and nuts at the column and girder connections are rusting. wWithin 60 days of an approval of extension of vested rights. the non galvanized bolts and nuts at the column and girder connections are rusting. A report from the engineer on record shall be provided outlining any necessary remediation.The rust should be removed and the connections primed and treated with red lead. Additionally, the engineer on record will outline any necessary remediation prior to commencement o f development. 5. Within 60 days of an approval of extension o f vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. Resolution No. , Series of 2010 Page 2 of 4 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over-laid with new asphalt from the centerline of Monarch to the curb on the west side of Monarch. Additionally, within two years of an approval of an extension of vested rights, asphalt restoration from the centerline of Dean to the curb on the north side of Dean shall be undertaken unless commencement of development on the site it reactivated, in which case restoration shall be required no later than issuance of a Certificate of Occupancy. 9. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) was completed; however, there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. 10. Within 60 days of an approval of extension of vested rights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADA ramps. 11. Within 60 days of an approval of extension of vested rights, trash pick-up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 13. Within 60 days of an approval of extension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Resolution No. , Series of2010 Page 3 of 4 .. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 27th day of September, 2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to (_-3 vote on this _ day of ,2010. Approved as to form: Approved as to content: John P. Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Resolution No. _, Series of 2010 Page 4 of 4 . Exthal E Jennifer Phelan From: Helen Levy [CarIHelen@aol.com] Sent: Sunday, September 26, 2010 5.22 PM To: Jennifer Phelan CC: Galen Bright, Hugh Hatcher; Bob Kingsbury; Nancy Kullgren Subject: Dancing Bear Mountainside Dear Jennifer, I am writing to support the request of the developer of the Dancing Bear Mountainside project for an extension in the timing of their project. We believe that the project, as presently approved, would improve the ambiance of our immediate neighborhood and provide a neighbor that would maintain an attractive addition to our block. During the design process the developer demonstrated an understanding of our concerns and a willingness to compromise on many issues. I have been an owner at South Point since the early 70's and a visitor to Aspen since the 50's, and have a significant appreciation for the development of the Durant Ave area. Carl Levy President, South Point Condominium Association Email secured by Check Point 1 .. 9 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director ~~Pll FROM: Jennifer Phelan, Community Development Deputy Director (~3> RE: Extension of Vested Rights -Resolution 3-9. Series 2010 - Public Hearing MEETING DATE: September 27, 2010 APPLICANT /OWNER: RECOMMENDATION: Dancing Bear Land, LLC Staff recommends approval with conditions. REPRESENTATIVE: SUMMARY: Jim DeFrancia, Weston Capital The Applicant requests an extension of their Corporation (Receiver) vested rights to June 30, 2014 with regard to the existing approval. LOCATION: 219 E. Durant CURRENT ZONING & APPROVED USE Lodge zone district with a PUD Overlay L/PUD), approved for eleven (11) timeshare lodge units with twenty-one (21) keys and two (2)affordable housing units. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Extension of Vested Rights to extend the vested rights of the approved project to June 30, 2014, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 32, Series 2005, which allows the applicant to develop the site with eleven (11) timeshare lodge units (with 21 keys) and two (2) affordable housing units. The ordinance vested the approval until September 8,2008. The applicant submitted a building permit application during the vesting period, was issued a building permit and began construction of the project. .. P76 Construction has halted due to financing issues and the project is currently in receivership (Exhibits B & D). Figure 1: Approved Site Plan I./UNWC /4//.G t - 4 22~6" ''-0- n , 9 7 42 .... 4 0 0 111 111. 1 1-1 L 1111 91 - 1. f '/ 2 . 0 LM 0 < - -7 y -9. 1 5 / 3 0 0 0 1"HI .6 1.- -V--261 1 l.3 2/*DÂ»=) to [(1-=IL____699 ~Z7- --- % */15 SCALE Tâ€¢-70 According to Section 26.304.070 (D), Expiration of development order, the development order "shall remain valid subject to applicable limitations of the International Building Code." The Chief Building Official, Stephen Kanipe, has pennitted an administrative extension until June 30,2011, to allow the building pennit to remain active. If work does not progress on the project, the development order will expire on June 30th. The applicant recognizes the unlikelihood of the proj ect restarting prior to the outlined date and is therefore requesting an extension o f the project's vested rights. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights until June 30, 2014, pursuant to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's Land Use Code. The review criteria are addressed in Exhibit A. Additionally, Council should consider including an extension of the active building permit to run concurrently with the extension { request to maintain an active permit. \ ili \ 7 .. P77 Staff Comment: The Applicant is requesting the extension of their vested rights because of the current litigation and bankruptcy petition. As noted in Exhibit B, the Applicant feels that it will take a minimum of 36 months to successfully resolve these issues. Additionally, the developer has invested a large sum if money (estimated at $6,000,000.00) into the current project. A building permit has been issued for the project, costly development activities such as architectural/engineering costs, city development fees, infrastructure development and some building construction have occurred in reliance of the permit issued and approvals granted. The Applicant is requesting an extension of vested rights before City Council rather going to court and petitioning for a determination of 'common law vesting.' Staff believes that the extension of vested rights would benefit the City by a developer being able to eventually complete the approved project in the downtown. A number of conditions are included below from both the Engineering and Building departments to address site issues while the project is offline and once it has been reactivated RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights (as well as an extension of the building permit) with an expiration date of June 30, 2014 for Dancing Bear, Phase II with the following conditions: 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 60 days of an approval of extension of vested rights, the temporary gas utility meter is still connected to the main line and subject to damage. The meter should be disconnected unless there is a need for heat. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service appears to be connected. The service should be disconnected unless there is a need for power. 4. Within 60 days of an approval of extension of vested rights, the non-galvanized bolts and nuts at the column and girder connections are rusting. The rust should be removed and the connections primed and treated with red lead. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled .. P78 and over-laid with new asphalt from the centerline of Monarch to the curb on the west side of Monarch. Additionally from the centerline of Dean to the curb on the north side of Dean. 9. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) was completed; however, there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. 10. Within 60 days of an approval of extension of vested rights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADAramps. 11. Within 60 days of an approval of extension of vested rights, trash pick-up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 13. Within 60 days of an approval of extension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site.- 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No J)& Series of 2010, approving with conditions an extension of vested property rights for Dancing Bear, Phase II as was originally approved by Ordinance No. 32, Series of 2005 and an extension of the building permit. The new expiration date shall be June 30,2014." CITY MANAGER'S COMMENTS: ATTACHMENTS: ExHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Addendum from Applicant dated 8/30/10 EXHIBIT C - Public comment from Mark Freirich (9/14/10) and Rona Smith (9/16/10) EXHIBIT D - Application .. P79 RESOLUTION NO. ~ (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF TIIE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2005 FOR TILE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3 OF THE EAMIS ADDITION, BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273513106002 WHEREAS, the Community Development Department received an application from Weston Capital Corporation (Receiver), represented by Jim DeFrancia, requesting approval of an extension of the vested rights granted for the 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2005, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of eleven (11) timeshare lodge units with twenty-one (21) keys and two (2) affordable housing units until September 8,2008; and, WHEREAS, the applicant submitted and received a building permit during the above referenced vesting period, began construction of the project, and has an active building permit until June 30,2011; WHEREAS, a development order rains valid subject to limitations outlined within the International Building Code; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Direetor has reviewed the application and recommended approval o f an extension of vested rights and the building permit until June 30,2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of Resolution No. _, Series of 2010 .. P80 vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve an extension of vested rights as approved by Ordinance No. 32, Series of 2005 through June 30,2014, as well as an extension of building permit number 0037.2007.ACBK for the same time period conditioned on the following: 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 60 days of an approval of extension of vested rights, the temporary gas utility meter is still connected to the main line and subject to damage. The meter should be disconnected unless there is a need for heat. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service appears to be connected. The service should be disconnected unless there is a need for power. 4. Within 60 days of an approval of extension of vested rights, the non-galvanized bolts and nuts at the column and girder connections are rusting. The rust should be removed and the connections primed and treated with red lead. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over-laid with new asphalt from the centerline of Monarch to ( the curb on the west side of Monarch. Additionally from the centerline of Dean to the curb on the north side of Dean. Resolution No. _, Series of 2010 Page 2 of 4 .. P81 9. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) was completed; however, there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site, 10. Within 60 days of an approval of extension of vested rights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADA ramps. 11. Within 60 days of an approval of extension of vested rights, trash pick-up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 13. Within 60 days of an approval of extension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 27th day of September, 2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. D...Allition NO. , Series of 2010 .. P82 FINALLY, adopted, passed, and approved by a to O_) vote on this _ day of ,2010. Approved as to form: Approved as to content: John P. Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk ( Resolution No. _, Series of 2010 Page 4 of 4 .. P83 Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.Câ€ž Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff FindinÂ£: The Applicant was required to record the final plat, final PUD plan, and Subdivision/PUD agreement which is required as part of Ordinance No. 32, Series 2005. Those documents were recorded February 17, 2006. As part of this application, the applicant is being required to provide certain improvements to the site as outlined in the memo. Staffinds this criterion met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: The Applicant has pursued obtaining permits for the approved development and has been issued a building permit. Some construction has been undertaken such as structural steel framing, portions of the roof and underground level of parking. Stalffinds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Findin%: The Applicant, thus far, has paid the city approximately $270,000.00 in fees and undertaken approximately six million dollars in development and construction related expenditures. Staffin(is this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: Staff believes that the City would be better served with a hotel at this location and a completed project rather than an incomplete construction project. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the proposed .. P84 extension of vested rights would benefit the City by permitting the Applicant to finalize court actions associated with this project. Stafffinds this criterion to be met. .. E-Â«\M- B P85 WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN, CO 81612 970-544-6900 August 30,2010 Mr. Chris Bendon Community Development Director City of,Aspen 130 S. Galena St. Aspen, CO 81611 Reference: Application of Weston Capital Corporation, Receiverfor Dancing Bear Residences Project-Extension of Vested Rights Request for Dancing Bear Residences Phase II, a.k.a. the Mountainside Building (formerly the Chart House Lodge). Mr. Bendon: This letter constitutes a supplement to and modification of the nferenced Application. The extension period for the Vested Rights isnow requested for a time frame of 36 months; until June 30,2014. It is my opinion that either a sale or a re-capitalization program would require at least 36 months to be accomplished due to the active litigation and pending bankruptcy petitions, ongoing resolution of title issues, and lead-time to determine a satisfactory completion plan for this building, including any adjustments to the existing entitlements, The project is now the subject of extensive disputesbetween Lender and Borrower and bankruptcy petitions by the Developer Although posted for foreclosure on November 24,2010, a successful bankruptcy petitionwill postpone that foreclosure action. In addition to findings of fact in a successful bankruptcy action, other significant issues will be examined by the Court and will be subject to review and contest by opposing parties. Resolution of the current legal issues could require as much as another 9- 12 months before title to the prbperty is affirmatively known. In the absence of a foreclosure sale, or some other prompt resolution of ownership, the ultimate title to the property remains uncertain. That circumstance does not allow anyfurther action under .. P86 the present Building Permit before its expiration on June 30,2011, and consequent expiration of Vested Rights. After title issues are affirmatively resdved, a plan for developmentwil] have to be formulated, At least six months could be required for preparing a proper development plan that would present the property for completion. It is also likely that a potential developer/purchaser might want to approach the City for modifications to the existing entitlements. Depending on the desired changes, this process could take several months, if not longer. The Receiver seeks this extension as itis charged with the conservation of the property and preservation of value while disputes concerning ownership and lien rights are resolved. It is in the interest of the public, as well, that this project be developed and constructbn completed in a timely manner. Without a reasonable extension of development rights, theinvolved parties will lose the ability to pair the project with a viable developer andthe building might sit inert for an indeterminate period, to the public detriment The extension of Vested Rights until June 30, 2014, will sustain value for any foreclosure sale transaction; will also sustain value in allowing time for the eventual owner to properly assess the permitted use, including time to approach the City with any modifications to the mtitlements; and will benefit the public interest. Sincerely, - 3/1- James M. DeFrancia, President WESTON CAPITAL CORPORATION, a Colorado Corporation, RECEIVER for DANCING BEAR RESDENCES ASPEN .. 48 vr~'21 Jennifer Phelan From: mafstmbttwo@aim.com Sent: Tuesday: September 14, 2010 6:26 PM TO: Jennifer Phelan CC: nismith@fisherwinner.com Subject: Dancing Bear Residences Phase 11 Follow Up Flag: Follow up Flag Status: Flagged Dear Ms. Phelan: I am the owner of Aztec unit #4, located on Dean Street immediately behind the eyesore known as Dancing Bear Residences Phase 11. The application submitted by Western Capital Corporation to extend the vested rights to develdp the site until June 30,2014 should be denied. The site should be cleared and all existing improvements should be removed. The eyesore is dangerous to those who may wander onto the site and it substantially diminishes the market value of the neighborhood. The existing steel structure looks like an abandoned battleship and should be removed as quickly as possible. There is no market for the previously approved timeshare lodge development and the size and the density of the approved structure is not consistent with neighboring structures such as Aztec Condominiums. I urge the City Council to deny the petition and require the applicant to file a revised plan for the site at issue , Mark Freirich Email secured by Cheek Point .. P88 Jennifer Phelan From: Rona Smith [ronasmith@gmail.corn] Sent: Thursday, September 16, 2010 7:11 AM To: Jennifer Phelan Subject: Dancing Bear Residences Phase 11 Follow Up Flag: Follow up Flag Status: Flagged Dear Ms Phelan, I am th e owner of Aztec # 6 which is directly behind what to everyone in town appears to be a bombed out building, better known as Dancing Bear Unfinished. I understand that Western Capital Corporation is asking to extend it's right to finish the building until 2014. Unfortunately, they were allowed to start it. We have no reason to believe that they will ever finish the building and it could sit like that for years. Not only is the building a rusted out eyesore, but this summer I often saw teenagers walking into the site at night and climbing the structure. If nothing else, I think both the city and Western Capital should worry about their moral responsibility along with their liability issues when a child falls and is seriously injured or worse. I and my family have been Aspen residents for many years and we have always taken pride in Aspen's ability to protect the wonderful place we alllove from exactly this type of thing. What has happened here? Where did we fail? I ain asking you to not let this go on any longer. I am pleading with the City Council to deny their petition. If they can't go forward and finish what they should have never started, then the city should -force them to do something now, not in 2014. Clearing the whole mess away and planting some grass would be a good start! Thank you for your time, Rona Smith Email secured by Check Point = 1 .. P89 WESTON CAPITAL CORPORATION POSTOFFICE Box 1593 ASPEN COLORADO 81612 970-544-6900 June 30, 2010 Mr, Chris Bendon Community Development Director City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Application of Weston Capital Corporation. Receiver for Dancing Bear Residences Aspen Project-Extension of Vested Rights Request for Dancing Bear Residences Aspen Phase II, a.k. a. the Mountainside Building (formerly the Chart House Lodge) Dear Chris: With this letter, Weston Capital Corporation, Receiver on behalf of the Dancing Bear Residences Aspen project ('tApplicant"), submits a request for the extension of the vested rights covering Phase II of the Dancing Bear project, A. The following information accompanies this letter: 1, Proof of ownership (copy of Vesting Deed) with check for $ 1,470.Â·00 to cover the application fee and deposit. 2. Signed fee agreement. 3. Applicant's name, address and telephone numbers along with a letter signed by the Applicant which describes the names and addresses of the representatives authorized to act on behalf of the Applicant. 4. Copy of the Court Order issued in Pitkin County District Court Case No. 2010CV98 authorizing the Receiver to act on behal f of the project. 5. The street address and legal desdription of the parcel on which development is proposed to occur along with a Commitment for Title Insurance issued by Land Title Guarantee Company. 6. 10 copies of the complete application packet and maps. 7. An 8 1/2" by 11" vicinity map locating the parcel in the City of Aspen, 8, A written description of the proposal (set forth in Part B below) along with a list of adjacent property owners within 300' for the public hearing. .. P90 WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30,2010 P age 2 9. Copies ofprior approvals. (Ordinance No. 32, Series of 2005, Planned Unit Development Agreement for Chart House Planned Unit Development and Letter dated January 7,2010 from City of Aspen Building Official Stephen Kanipe addressed to Jean Coulter of DB Capital Holdings, LLC) B. Description of Proposal The Dancing Bear Residences Aspen project is a two-phase fractional interest/residence club (timeshare) project located in downtown Aspen. The first phase (Phase I), also known as the Dancing Bear Residences Parkside Building, is a fully functioning fractional interest project located just west of Wagner Park at the northwest corner of Monarch and Durant Streets. The Brexi Brasserie, a public restaurant/bar, operates in the commercial condominium spaces in Phase I. The second phase (Phase II), also known as the Dancing Bear Residences Mountainside Building, is located on the former Chart House site on the southwest corner of Monarch and Durant Streets. Phase Il was originally approved for timeshare and public restaurant uses as the Chart House Lodge Final Planned Unit Development pursuant to Ordinance No. 32, Series of 2005. Phase II is incomplete and in construction hiatus. It currently consists o f four stories of structural steel framing with an underground level of parking, a lower level and portions of a roof. Phase II received a three year vested rights period pursuant to Ordinance No. 32, Series of 2005 (see Section 3.16 of the Planned Unit Development Agreement for the Chart House Development, copy attached). An initial building permit was issued for Phase II and work commenced on Phase II in late 2007, and the vested rights for Phase II were therefore extended as the work on Phase II progressed. In 2009, work on Phase 11 stopped, with the exception of certain winterizing activities. On January 7, 2010, the City of Aspen Building Department, recognizing that the work on Phase II was stalled, issued Administrative Order No. 1, 2010 allowing the building permit for Phase II (and corresponding vested rights) to remain active until June 30,2011 (see letter dated January 7,2010 from Stephen Kanipe addressed to Jean Coulter of Dancing Bear, copy attached). In March of 2010, WestLB A.G., the lender on both phases of the Dancing Bear ( Aspen Residences project, requested and received a Court Order naming Weston Capital Corporation to act as Receiver for both Phases of the Dancing Bear Residences project (see Amended Corrected Order Appointing Receiver, copy attached.) .. P91 WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30, 2010 Page 3 , The current application is to extend the vested rights for Phase II for an additional five (5) years beyond the June 30, 2011 expiration date of the existing building permit. In response to the review criteria for extending vested rights expressed in Section 26.308.010(C)(1)(a)-(d) of the City of Aspen Land Use Code, the Applicant provides the following additional information and responses: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: To the best of its knowledge and belief, Applicant and its predecessors have complied with all conditions that were required of them prior to the date of this application for extension of vested rights. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project. Response: As mentioned above, the building permit for Phase II was issued in 2007, and work commenced on Phase II. Approximately $6,000,000 has been expended on Phase II construction activities. c. The nature and extent of benefits already received by the City as a result of the project approval such as impact fees or land dedications, Response: Pursuant to Section 15 of Ordinance 32, Series of 2005, and in connection with the issuance of the original, initial building permit for Phase II, Park Development Impact fees totaling $ 44,214 were paid to the City of Aspen. In addition, an Occupancy Deed Restriction and Agreement for Employee Dwelling Units was executed and recorded so as to burden Phase II with leasing - restrictions for two (2) category 3 employee dwelling units of 985 square feet each. d. The needs of th.e City and the Applicant that would be served by the approval of the extension or reinstatement request. Response: The Dancing Bear Residences Aspen project, including the incomplete Phase II, is in receivership. The project is currently unfeasible. It is anticipated by the Applicant that construction on Phase II will not resume until the national .economy stabilizes and demand increases for fractional interest/residence club- type projects. Currently, it appears that Aspen's existing fractional interest/residence club projects, hotels, motels and short term occupancy .. P92 - WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30,2010 Page 4 offerings are satisfying current demands for fractional interest/residence club uses and tourist accommodations. By extending the vested rights period, the Applicant will be better able to assist in the re-capitalization of the project and see to a well timed construction re-start to meet the needs of Aspen's fractional interest/residence club users as well as our visitors. Thus, the needs of the City of Aspen and the Applicant will be served by the approval of the vested rights extension request. Based on the forgoing, and in accordance with the review criteria contained in Section 26.308.010(C) of the City of Aspen Land Use Code, Applicant respectfully requests that the City ofAspen grant approval to extend the vested rights for Phase II of the Dancing Bear Residences Aspen project to June 30,2016. We look forward to presenting this application to the Aspen City Council and welcome any questions or requests for additional information. Sincerely, WESTON CAPITAL-CORPORATION, a CoJ,6radocporation, -14ECEIVER for DA~ING <AR RESI NCES ASPEN James Defranc?hrpresiaâ‚¬At 4852745_1.DOC .. P93 RECEPTION#= 541642, 09/04/2007 at 10:19:12 AM, 1 OF 1, R $6.00 DF 90.00 Janice K.. Vos Caudill, Pitkin County, CO CITY OF ASPEN EXEMPT FROM WRETT CITY OF ASPEN DATE RE P . N~& d EXEMPT FROM HRETT ATE, REP NO. 4<4(07 t Dll 4 61 @ 510 0 BARGAIN AND SALE DEED LCH, LLC, whose address is 201 N. Mill Street, Suite 203, Aspen, CO 81611, for Ten Dollars, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to Dancing Bear Land, LLC, whose address is 201 N. Mill Street, Suite 203, Aspen, CO 81611, the following real property in Pitkin County Colorado: . Lots 6,7,8 and 9, Block 3, Eames Addition to the City and Townsite of Aspen, Colorado, which property is also described as Lots 6,7,8 and 9 within the City and Townsite of Aspen, County of Pitkin, State of Colorado. together with all its appurtenances. Dated: August 31,2007 LCH, LLC A Coloradoli~nited liability company ~ A IN' 1 / ByÂ·. I -, v/>4 J <v ,Â£-0-L-~..0â‚¬__ Name: Thomas M. Divenere Its: Manager STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me August 31, 2007, by Thomas M DiVenere, Manager of LCH, LLC. My commission expires ~ 21)09 ' Witness my hand and official seal. /3\ /1 0 / U L lk>U .. P94 Dancing Bear Receiver o5/D5 145 COMMUNITY BANKS OF COLORADO P.O. Box 1593 ASPEN, CO 81611 Aspen, CO 81612 82-201/1021 (970 54+6900 6/21/2010 (gAg le 6 City of Aspen ~ ~**1,470.00 - One Thousand Four Hundred Seventy and 00/100 90&15 21 2 City of Aspen - 1 /J WP 111.ellit, Vested Rights Extension 11.00014511. 71:1021020131: 04538?16711. Dancing Bear Receiver 145 City of Aspen 6/21/2010 1,470.00 Community Banks Op Vested Rights Extension 1,470.00 021 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of ASDen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Weston Capital Corporation, Receiver foÂ·r (hereinafter APPLICANT) AGREE AS POLLOWS: Dancing Bear Residences Aspen 1. APPLICANT has submitted to CITY an application for Extension of Vested Rights for Phase II of Dancing Bear Residences Aspen (hereinafter, THE PROJECT). 2, APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Us: applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLIC.ANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to A-PPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings ars paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $].470.00 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associatedyithpase processing have been paii CITY OF ASPEN <~PPU60: W~ston Capital Corporation ~:for 9nhing Bear Residences Aspen By: Chris Bendon Ja&es DeFrAncia, President Community Development Director Date: 4 2 4 Pi.14 Billing Address-and Telephone Number: P.O. Box 1593 Aspen, CO 81611 office: 970-544-6900 mobile: 970-230-1123 .. WESTON CAPITAL CORPORATION POST OFFICE Box 1593 ASPEN COLORADO 81612 970-544-6900 June 30,2010 Mr. Chris Bendon Community Development Director City ofAspen 130 South Galena Aspen, Colorado 81611 Re: Dancing Bear Residences Aspen Proiect-Authorization of Applicant Dear Chris: This letter shall serve to inform you that Weston Capital Corporation is the duly authorized representative to act on behalf of Dancing Bear Land LLC, the record owner of Phase II of the Dancing Bear Residences Aspen project. The name, address, telephone number and e-mail address of the representative is as follows: James DeFrancia, President Weston Capital Corporation P.O. Box 1593 Aspen, Colorado 81612 telephone: (970) 544-6900 mobile: (970) 230-2311 e-mail: idefrancia@hotmail.com Sincerely, WESTON CAPIIAL CORPORATION, a ColopadÂ·o.adfAÂ·aÂ®n, RECEIVER for D~ING -R ~SIDENCES ASPEN 21 By: 1/' Â£-\ <ames DeFI~~a, President . 4857941_1.DOC 1 .. P 97 i t.11 Â¢ U ..1 1 EFILED Document CO Pitkin County District ComÂ·t Dth JD Filing Date: Mar 17 2010 3.501>M TvÂ·IDT 1:7::i'I - in- *All 4,44 , District Court, Pitkin County, Colorado Review Clerk: Viety Spaulding-Gode-ard 506 E. Main St., Aspen, Colorado 81611 Tel: (970) 925-7635 Fax: (970) 925-6349 Plaintiff: WESTLB AG, a Gerian Banking corporation V, Defendants: DB CAPITAL HOLDINGS, LLC, a Colorado limited liability company j DANCING .BEAR LAND, LLC, a Colorado limited liability company; and LCH, LLC, a Colorado limited A COURT USE ONLY A liability Company- Matthew C Ferguson, A.R. #25687 Case Number: 10 CV 98 Chad J. Schmit, A.R. #28469 GARFIELD & HECHT, P.C. Division: 5 601 East Hyman Avenue Aspm, Colorado 81611 Telephone: (970) 925-1936 Facsimile: (970) 925-3008 E-mail: ferguson@arfieldhecht.oom cschmit@garfieldhechtcom AMENDED ORD*Rl APPOINTING RECEIVER (Corrected) The Court having considered the Verifi:d Complaint for .Er Parte Appointment of Receiver and other relief (the "Verified Complainf') of WESTLB AG, a German banking corporation ("PlaintifF), and being.fully advised in the premises, hereby finds that 1. Weston Capital Corporation (4%'CC'D, a Colorado company, is an entity to be appointed as Receiver for the PI'Operty~ and James Defrancia is a suitable person within that entity, ' The only clwinges in this amended order am on page 10, Paragraphs Q, Rand T. These changes were made to 00=1Â¥.wfil. CLE,Â£13'.66. .. P98 District Court Pitkin County, Colorado; Case No. 1 0 CV 98 WESTLB AG v. DB CAP[TAL HOLDINGS, LLC M at. Amended Order Appointing Receiver (Corrected Copy) Page 2 of 12 2. The allegations set -fbrth in the Verified Coinplaint otherwise establish a right to the relief requested. THEREFORE, IT IS ORDERED TIIAT: A. WCC (the "Receiver") is appointed as Receiver for the Property, and it and Mt. DeFrancia shall forthwith take physical possession of, manage, operate and protect the Property, B. The Receivsr shall have all the powers and authority usually held by receivers and : reasonably necessary to accomplish the purposes herein stated including, but not limited to, the following powers which may be exercised without further order of the Court: (1) to take charge of the Property and the improvements thereon and its doposits, contracts, rents, issues and profits, and any and all personal property used or associated therewith, regardless of where such property is located, including, but not limited to, deposits, contracts, rental payments, lease payments, bank accounts, security deposits, records, contracts, leases, rent rolls, fixtures, furniture, appliances, supplies, construction materials, and equipment used or associated therewith (all collectively hereinafter referred to as the 'rR,eceivership propsreD; (2) to maintain and protect Uze Receivership Property and purchase appropriate insurance for the Receivership Property; (3) to retain exisEng employees of the Defendant(s) or related parties as Defendant's employees in ordeI to continue any business operations, in which case psyroll taxes, workers compensation insurance, and related costs wiI! be canied and reported as those of the Defendant, and not of the Receivership Estate, unless agreed to otherwise by the parties. (4) to collect in a timely fashion any rents and payments now due or which may hereafter become due from tenants of the Receivership Property; (5) to pay any taxes on, or incurred in ownership or operation of, the Receivership Property as they become due; (6) to deposit all sums collected by the Receiver in a -bank account or accounts in his natne as Receiver and to make withdrawals from and issue checks upon the barlk accounts; 2 The Property is composed of a luxury, fill]-service resort Mith 20 luxury resort condominium Units on two separate parccla, und rolated amonitic5, including a lodge restaurant, a badlounge, sub-bascment ibr storage, meeting lind conferÂ¢noo spage, a recreation and media area, a rooftop Â«owners" area with exercise room, and an underground parking garage. A description of 111$ Property is also set forth in the Loan Documents and annexed hereto as Exhiblt "1" is a copy of the Legal Description. , 531276-1 .. P99 District Court, Pltkin County, Colorado; CasiNo, 1 0 CV 98 WESTLB AG Â¥. DB CAPITAL HOLDINGS, LLC, et al. Amended Order Appotnting Receiver (Corrected Copy) Page 3 Of 12 (D to account io the Court for al! sums received and expenditures made; (8) to report to the Court from time-to-time; (9) to repair and maintain the improvements that constitute the Receivership Property ! ~ as the RecedvE deems appropriate; (10) to negotiate, renegotiate, ratify or enter into leases, contracts or other agreements related to the sale of units, maintenance, operation or leasing of the Receivership Property, subject to the following provbions: (i) for contracts or other agreements related to fhe operation of the Receivership Property having a primary duration of one year or less, without Court approval; (ii) For contracts or agreements having & duration of more than one year, onlv with Court approval. Any lease, contract, or modification of an existing lease or contract which the Receiver proposÂ©5 to execute shall be served upon all parties to this action (with the exception of hotel condeminium unit rontals made in tile usual course of business). Court approval shall be granted as a otter of course unless an objection to such lease, contract, modification, or other agreement is filed with the Court aiid served upon all parties within ive business days after the service of written notice of the proposed lease, contract, agreemim or modiftcation. Servise of a copy of the Receiver# Motion under Ruls 5, C.R.C,P. shall constitute ssrvice of written notice hereunder. Any lease or lease modification executed by th. Raceiver and approved pursuant to this section shall be binding upon Plaintiff and Defendants, all subsequent owners of the Rectivership Property, any purchaser of the Receivership Property at a public sale, any person who redeems the Receivership Property after a public sale, and any subsequent purchaser ofthe Receivership Property. (11) to deal with professionals in connestion with th: Receivership Property, including hiring a management company to engage in the day-to-day management of the Receivership Propgrly; (12) to hire and rotain such legal counsel, accountants, and othor professionals as are reasonably necessary to represent, advise and assist the Receiver and to pay such professionals from file prooeods of the Receivership Property without further application to, orÂ·order of, the Court; 0 3) to commence or continue legal proceedings to enforce the terms of any leases or contacts relating to the Receivership Property, to evict my tenants who are in default under their leases and collect delinquent rentals and other amounts, or as necessary to effectuate the terms of this Order; 531276-1 .. Ploo District Court, Pitkin Coung, Colorado; Case No. 10 CV 98 WESTLB AG v. DB CAPITAL HOLDINGS, LLC, et d, Amended Order Appointing Receiver OCorrected Copy) Page 4 of 12 (14) to use rents and receipts from the Rectivership Property and such funds as may be advanced by third parties or by Plaintiff for khe payment of expenses of the Rectivership and of the Receivership Property; (15) to borrow money for the purposes of the Receivership; (16) to issue Receivefs Certificates substantially in the form attached hereto as : Exhibit "2", in exchange for funds advanoed by third parties or Plaintiff for expenses of the R.eceivership, which Receiveff Certificates shall bear interest per annum at a rate not to exceed 5 % above the prime lending rate quoted by The Wall Street Journal, as the same may be announced from time-to-time, adjusted monthly, and which Receiver's Certif cates shall be a first lien and priority claim upon the Receivership Property and which may be recorded in the county ' where the Receivership Property is located to evidence such lien; provided, however, that the issuance of any Receiver's Certificate shall be subjsct to Court approval, after notice to atl parties, pursuant to the provisions of paragraph B(10)(ii), above; (17) to notify any insurers of the Receiverdhip Properly of the pendency of these proceedings, and that subject to the prior rights of amy person possessing a lien on the Receivership Property, any proceeds paid under such policies shall be paid to the Receiver; (18) to Gontract for capital -improvements with respect to all or any portion of the Receivership Property. With respect to capital improvements, however, if such improvements exceed the amount of $5.000, the Rsceiver shall seek court approval pIiOI to commencing the improvements, pursuant to tbe provisions of.Paragraph BOOXii), above; (19) to settle mechanics' lions against the Receivership Property by making recommendations for settlement to this Court The recommendations will be deemed accepted by the parties and authoEzed by the Court unless objections to the settlement are filed and served upon all parties within eight business days aRer the date tlie settlement recommendation is served Upen all pa.ItiCS; (20) to opeh and review mail directed to Defendant and its representatives pertaining to the Receivership ProperM (21) to exercise ali rights of the Defendant with respect to all condominium and othM associations relating to tbe Receivership Properly, including voting md sitting on the governing board of Guch associations, and having access to all books and records of such associations; (22) If the Receiver finds it is in the best interest of the Property to exercise its right to control Home Owners' Association, the Receiver shall be authorlzed to take any act which tile Declarant is authorized to take under the terms of that certain Declaration of Condominium recorded on...of tbe Public Records of Pitidn County, and is specifically authorized to: 531276-1 .. P101 Dis'trict Coun, P]tkin County, Cc>lorado; Cass No, 10 CV 98 WESTLB AG v. DB CAPITAL HOLDINGS, LLC d Â¢d. Amanded Order Appointing Receiver {Corrected Copy) Page 5 of 12 a. Obtain the resignation of Thomas Divenere; the Deolerant appointed members of the initial Board of Directors of the Association, b. Appoint replacement members to the Board of Directors of the Association iii the same manner as the Declaraion provides for. c. File the Annual Report with the Secrstary of State on behalf of the Association reflecting all changes made 18 its principal office addr:ss, registered agent and registered offices, and identifying the replacement members.of the Board of Directors and DEcers as may be deemed necessary by the Receiver; and d. Perform all other duties and obligation of the Declarant set forth in the Declaration to facilitate the continued operation and managemmt of the Association in as Inuoh as the aotion performed in the name of, and on behalf of, the Association is deemed rsasonably necessary to accomplish the purpose of this bcdivership, inoluding providing any and all required notices-to unit owners and holding of unit owner meetings required by the Dsclaration. e. The Redeiver may employ legal counsel to advise on matters related to the ' owners association. Â£ The Receiver and any employees, agents and attorneys retained by the Receiver shall have no liability for any obligadons or jobts incurred by the Association, and shall have no claim asserted against them relating to the Rectiver's duties without prior authority from this court (23) to exercise such other necessary or usual powers for the possession, use and enjoyment of the Receivsrship PropÂ©rty, and its rents, ismle&, profits, income, bank accounts and any and all depo sits held as security under all isases affecting lhe Reosivership Props:tty; and (24) to pay reasonable monthly compensation to any management company which he retains; (25) on a monthly basis, to pay himself/herself $200.00 per hour as compensation for his services as Rsceiver and to reimburse himself forÂ· oustomary expenses incurred; the Receiver shall porlodically report to the court any compensation paid and seek approval therefor; (26) if possible, to make principal und interest payments toward any obligation which is secured by a lion on the Receivership Property, in the order of their priority of record. C. The Receiver shall not be obligated to file any federal or state income tax returns, 5/ schedules or other forms, which continue to ba an obligation of theDÂ©fendants. 531276-1 .. P102 District Court Pitkin County, Colorado; Case No. 10 CV 9: WESTLB AG v. DB CAPIT'AL HOLDINGS, LLC, et al, Amended Order Appointing Receiver (Corrected Copy) Page 6 of 12 D. 'Ihe Receiver shall prepare and serve on Plaintiff and Defendants interim reports of the condition and operation of the property in the.Receivership Estate Wifhin .thirty (30) days of the closing of each accoundng period or month. These interim reports shall include the Receiver's - fees and expenses of the Receivership estate, including fecs and costs of accountants and allomeys authorized by the Comt incurred for each reporting Â·period in the operation and administration of the Receivership estate. The Receiver shall follow accounting standards typical for similar properties, and may enlist the aid of accountants for preparation of Receiver's reports : to the Court Upon service of each report if not objections are received, the Receiver may disburse from estate funds, the amount of each statement Notwithstanding periodic payment of fees ejid expenses, all fees and expenses shall be submitted to the Court for approval at the i hearing to discharge the Receiver. E. Contempt Upon tbe failure of the Defendants, their agents, representatives and all persons acting under, in concert with, or for them, to abide by any term or condition of this orders the Receiver may petition this court for further action to compel and enforce this Order. F, Instuodons in the Event of R Bankruptcy Filing: (A) Defendants' Duty to Give Notice of Bankruptcy: In the event that a bankruptcy case is filed by any Defendant(s) during the pendency of this Receivership, Defendant(s) must give notice of sale to this Court, to all parties, and to the Receiver, within 24 hours of bankruptcy filing. (B) Receiver's Duties if Bankruptcy is Filed: Upon receipt of notice that a bankruptcy has been Eled which includes as part of the bankruptcy estate any Â·propemr which is the subject of this Order, the Receiver shall do the following: 00 Immediately Turn Over the Property If No Relief From Stay or Molion to Dismiss the Bankruptcy will be sought; The Receiver shall immediately contact the Plaintiff, and determine whether that party intends t6 move in the Bankruptcy Court for an order for both: (a) relief from the automatic stay or motion to dismiss and (b) relief Rom the Receiver's obligations to tum over tbe properly (11 U.S.C. Section 543) If the Plainiff indicates no .intention to file Such a motion within 10 days, tben the Receiver shall immediately turn over the property (to the trustee in banlcruptcy, of if one has not been appointed, then to the Defendant> and otherwige comply with 11 U.S.C. Section 543. (ii) Remain in Possession and Preserve the Property, Pending Resolution of Motion for Relief From Stay and Turnover, or Motion to Dismiss: 531276-1 1 0 .. P103 Distriot Court Pkkin County, Colorado; Caso No. 1 0 CV 98 WET'LB AG v. DB CAPITAL HOLDINGS, LLC, et al Amended Order Appointing Receiver (Corrected Copy) Page 7. of 12 If the Plaintiff notifies the Receiver of its intention to immediately seek relief from the automatic stay or file & motion to dismiss, then the Receiver is authorized to remain in possession and preserve the property pending th=. outcome of those motions pursuant to 11 U.S.C. Section 543(a). The Receiver's authority to preserve the property is limited as follows: The Receiver may cont;nus to collect rents, issues, and profits, The Receiver may make disbursements, but only those which are necessary to preserve and protoct the property. The Receiver shall not execute any new leases or other long-term contracts. The Receiver shall do nothing that would effect a material change in oircumstances ofthe property. (111) The Receiver is Authorized to Retain Legal Counsel to Assist the Recsiver with the Bankruptcy Proceedings, G. Defendants and (upon notice of this Order) all persons in active participation with them (including, but not limited to, banks, accountants, employees and other agents) are ordered: (1) to deliver immediately to the Recoiver or his agents all of the Receivership Property, propsrly endors<d to the Receiver when necessary; (2) to continue to deliver immediately to the.Receiver any of the Receivership Property which comes into their possession at any time in the future; (3) wien necessary or when requested, to expldin the operation, maintenance and manag.ment of the Receivorship Property to th= Receiver; and (4) to psrmit tbe Receiver to carry out his duties hereunder without interference, H. Instructions from the Court; The Rectiver and the parties to this case may at any time apply to this Court for instructions or orders. The Court may grant any order requested by th.5 Receiver, without further notice of hearing, if no objection is Eled with the Court and served on the Receiver, and the parties whhin twenty days aiter filing and service of the Reoeiver's request, L General Provisions, (A) No person or entity shall file suit aginst th: Receiver, or take other action against the Receiver, without an order of this Court permitting the suit or action provided, however, thal no prior court order is required to file a motion in this action to enforce the provisions of this Order or any other order of this Court ill this action. (B) The Receivership Estate and its emploj,ees, agents, attome)'s and all professioT,al and management companies retained by the Receiver shall have no liability for any obligations, or debts incurred by Defendants. The Rewiver and its employees, agents and attorneys shall have i 531276-1 ' .. P104 District Court Pitkin County, Colorado; Case No, 10 CV 98 WESTLB AG v. DB CAPITAL HOLDINGS, LLC, 81 at. t Amended Order Appolnting Receiver (Corrected Copy) Page 8 of 12 no personal liability, and they shall have no claims asserted against them relating to the i Receiver' s duties under this Order, without prior authority from this Court as stated in (A) above. : Â© Noting contained in the order of the Court shall be construed as obligating or : permitting the Receiver to advance its own funds to pay any costs and expenses of the Rwei vership Estate. J. Nothing herein contained shall be construed as interfering with or invalidating any lawful lien or claim upon the Receivership Property by any person or corporation. K. Notwithstanding anything to the contrary contained in this Order, the Receiver shall not take any action with regard to ownership, operalion, control, storage, generation, or disposal of: (1) any substance deemed a "hazardous substance," "pollutant â€žâ€ž COntammant," or similar substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C, Â§Â§ 9601- 9657, the Solid Waste Disposal Act of 1965, as amended by the Resource Conservation and Recovery Aut of 1976, tha Solid Wasts Amendments of 1984, the Superfund Amendments and Reauthoriza:Eon Ast of 1986: any other amendments thereto, or (2) any other chemical, toximt, pollutant or gubstance defued as-hazardous or dangerous to human health under any other federal, state, or local law, regulation, ruls, or ordinance, including, wielout limitation thertto, petroleum, clude Â· oil, or any fraction thereof, Call collectively referred to .herein as "Hazardous Substances"), without first applying for and obtaining an order of this Court specifcally setting forth the action or actions proposed to be taken by the Receiver. Without first applying for and â‚¬btaining such an order of this Court, the Receiver shall have no ownership, control, authority or power, nor shall he have any obligation to exercise ownership, Control, authority, or power, over the operation, storage, generation, or disposal of ally Hazardous Substances. All disputes over, and decisions regarding, the ownership, operation, control, storage, generation, and disposal of any Hazardous Substances shall be resolved by this Court L. The costs of this receivership, including the full amount and interest on Reoeiver's Certificates, may, at the option of the Plaintift be.taxed as additional costs by the Public Trustee of Pitkin County, Colorado, in the event that a cure of a pending foreclosure, if any, is tendered or a foreclosure sale is held and the Receivership Property is rednemed by the Defendant or any lienor with a record interest in tbe Reosivership Properly inferior to that of the Plintifi EL The parties to this action and their agents are hereby -enjoined and restained from involving themselves in the possession, opera~on or management of the Receivership Property, or in any way from interfering with the duties or performance of the Receiver. 531276-1 .. P105 District Court, Pitkin Coimty, Colorado; Case No. 10 CV.98 WESTLE AG v. DE CAPITAL HOLDiNGS, LInet d i Amended Order Appointing Receiver (Corrected Copy) page 9 of 2 N. The Receiver shall continue in possession of the Property during the pendency of any foreclosure of the Deed of Trust including all p-riods of redemption, if any, and during such fortherpsciod as the Court may order. 0. Plaintiff shall give notice of the appointnent of the Receiver by maiHng a copy of this Order via fiISt Class mail to all persons having a recorded interest in the property junior and subordinate to the Deed of Trust at their addrtsses shown in the real property records. Plaintiff shall also mail a copy of this order via certified mail. to Defendant. Plaintiff may file a copy of this Order in the real property records of Pitkin County. P. Any further notice required to be given hereunder shall be deemed served on the date it is deposited in the United States mail, first class postageprepaid, to counsel of record for any party, or directly to any party not represented by counsel, and any computation of time for purposes of this Order, imless otherwise specified herein, shall be governed by the provisions of C.R.C.P, 6 (a). Q. Before entering upon his duties, the Receiver shall be sworn to perform his duties faithfully, and -shall execute and file an undertaking with the people of the state of Colorado (similar to an Oath of Receiver) to the effect that he will ihithklly discharge his duties and will pay over and account for all money and property which may come into.his hands as the court may direct and will obey the orders of the court. R. Th: Receiver shall post a bond in tbe amount of $10,DOD for the faithful performance of his duties, unless othsrwise ordered bythe Court. 531276-1 .. P106 District Court, Pitkin County, Colorado; Case No. 10 CY 98 WESTLB AG v. DB CAPITAL HOLDINGS, LLC et at. Amended Order Appointing Receiver (Corrected Copy) Page 10 of 12 S. The Recsiver serves herein, and discharges all his duties under this Order, as an officer of this Court, solely in a representative capacity, and not in an-individual capacity, and does not, in being appointed as Receiver or by acting as Receiver hereunder, thereby become personally liable to any person or governmental entity under any law, statute, rule, regulation, or oiher doctrine of law or equity. T, Plaintiff shall serve on all defendants without delay, as provided in C.R,C.P. 4., copies of i the summons, complaint and order appobting the receiver, and this amended order appointing receiver, Dated this /~ day of March, 2010; nuncpro tune March 15,2010 BY TgE COURT; Dis~t Court Judge 1 j. 53 [276-1 .. P107 District CDOrt, Pitkin County, Colorado; Cass No. 10 CV 98 FrESTLB AG v. DB CAPITAL HOLDINGS, LLC, e aL Amended Order Appointing Receiver (Corrected Copy) Page ] 1 of 12 EXHIBIT 1 Legal Descriptien of Property Parcel A: Chart House Lodge according to the Final PUD and Subdivision Plat =Dorded Febmary 17,2006 in Plat Book 77 at Page 49 under Reception No. 520960, Form=ly known as: Lots 6,7,-8, and 9, Block 3, Barnes Addition to th. City and Townsite of Aspen, Colorado, which property is also described as Lots 6,7,8, and 9, Block 3, Barnes Addition to the City and Townsite of Aspen and also that Part of Lots 6,7, 8 and 9 within the City and Townsite of Aspen> County of Pitkin, State of Colorado. also known by street number as 219 B. Dm:ant Ave., Aspen, CO 81611, and Parcel B: Dancing Benr Residences Aspeh, according to the Condominium Map recorded January 23,2009 under Reception No, 555975 and as defined and d=cribed in the Condominium Map declaration recorded Januaxy 23,2009 under Reosption NO, 555974, together with the 5Xclusivs right to possession and occupancy of a comparable residence during the residence weeks reserved by the owner pursuant to the rules, regulations and reservation procedures rworded Jamlary 23,2009 under Reception No. 555976. County of Pitkin, State of Colorado. also known by street numb*as 411 8. Mon=ch St., Aspen, CO 81611. 53 1 276-1 .. P108 District Comt, Piddn County, Colorado; Case No. 10 CY 98 WESTLB A-G Â¥. DB CAPITAL HOLDINGS, LLC, et aL Amended Order Appointing Receiver (Corrected Copy) Page 72 of-12 EXHIBIT 2 TO ORDER APPOINTING RECEIVER ' RECEIVER'S CERTIFICATE AUTHORIZED ISSUE $ ' No. $ . i - This is to certify that for vallie received, Weston Capital Corporation, a Colorado company, and , James Defrancia, a person within 11:lat entity, as Receivers, are indebted to the bearers hereof in : the sum of $ , payable at the office of said Receiver, with interest per annum from the date hereof at a rate of 5 %.above the prime lending rate quoted by The Wall Street Journal, as the samemay be announced from time-to-lime, adjusted monthly. This Certificate is part of an issue of ceiufcates authorized by an order of the District Court for Pitkin County, Colorado, dated , 20 10, Civil Action No. (the "OrdED. This Certificate is subject to and payable in accordance with the terms of the Order. Without : limiting the preceding, this Certificate constitutes a just and prior lien on the real property situated in Pitkin County, Colorado, more fully described in that certain Deed of Trust recorded ~ in the real property records of Pitkin County on , under Reception No. along-with all the improvements thereon arid its rents, issues and profits, and any and all personal property used or associated therewith, regardless of where such property is located, including, but not limited to, rental payments, lease payments, bank accounts, SeCUIity deposits, records, contracts, leases, rent rolls, fixtures, furniture, appliances, supplies, construction materials, and equipment used or associated flierewith, and the holder of tbis Certificate shall have no recourse againgt the Receiver personally for payment of this Certificate. This Certificate and all rights and Hens thereunder sball be transferable by delivery. IN WITNESS WHEREOF, the Receiver has, pursuant to the Order, hereunto subscribed his name this day of ,2010. RECEIVER: i Weston Capital Corporation, a Colorado company RECEIVER: James Defrancia 1 531276-1 .. P109 Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 04-05-2010 Our Order Number: QFD62003309 Property Address: 411 SOUTH MONARCH AND 219 EAST DURANT ASPEN CO 81611 WESTON CAPITAL CORPORATION - PO BOX 1593 ASPEN, CO 81611 Attn: JEAN COULTER Phone: 970-429-6502 Copies: 1 EMail: jean@dancingbearaspen.corn Linked Commitment Delivery If you have any inquiries or require further assistance, please contact Title Department Phone: 970-925-1678 Fax: 970-925-6243 Fo== DELIVERY,LP .. P110 LTG Policy No. LTAQ62003309 Form PIB/ORT PROPERTY INFORMATION BINDER Our Order No. QFD62003309 Liability: Fee: $500.00 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 WESTON CAPIT AL CORPORATION 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 March 29, 2010 at 5:OOP.M. 1. Title to said estate or interest at the date hereof is vested in: DANCING BEAR LAND LLC, A COLORADO LIMITED LIABRITY COMPANY 2. The estate or interest in fhe 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 - .. Plll LTG Policy No, LTAQ62003309 Form PIB/ORT Our Order No. QFD62003309 3. The Iand referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: PARCEL A: 1. LIEN EVIDENCED BY STATEMENT OF SHAW BUILDERS LLC IN THE AMOUNT OF $415,278.66 RECORDED APRIL 27, 2009, UNDER RECEPTION NO. 558314 AND RERECORDED APRIL 29, 2009 UNDER RECEPTION NO. 558409 AND AMENDMENT TO LIEN REDUCING THE AMOUNT OF THE LEN TO $45,583.61 WAS RECORDED AUGUST 5,2009 UNDER RECEPTION NO. 561668 AND SECOND AMENDMENT TO STATEMENT OF LIEN INCREASING THE AMOUNT OF THE LIEN TO $191,510.09 WAS RECORDED OCTOBER 9, 2009 UNDER RECEPTION NO. 563543. 2. DEED OF TRUST DATED JUNE 15, 2006, -FROM LCH LLC TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $53,000,000.00 RECORDED JUNE.15, 2006, UNDER RECEPTION NO. 525313. 3. FINANCING STATEMENT WITH, WESTLB AG THE. SECURED PARTY, RECORDED JUNE 15, 2006 UNDER RECEPTION NO.Â· 525314. 4, DEED OF TRUST DATED SEPTEMBER 22,2006, FROM LCH LLC TO THE PUBLIC TRUSTEE Land Title Guarantee Company Representing Old Republic National Title Insurance Company 0 . Pll2 LTG Policy No. LTAQ62003309 Form PIB/ORT Our Order No. QFD62003309 4. The following documents affect the land: (continued) OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $5,000,000.00 RECORDED OCTOBER 02,2006, UNDER RECEPTION NO. 529251. 5, FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED OCTOBER 02, 2006 UNDER RECEPTION NO. 529253. 6. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 175 AT PAGE 298. 7, RIGHT OF PROPRLETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE EUS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREM[SES AS RESERVED IN UNITED STATES PATENT RECORDED DJ BOOK 175 AT PAGE 298. 8. TERMS, CONDmONS AND PROVISIONS OF CERTIFICATE RECORDED SEPTEMBER 03, 1976 IN BOOK 316 AT PAGE 235. 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMnTING.ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FANCLIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE ' EXrENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED LN INSTRUMENT RECORDED MARCH 16, 1987, IN BOOK 531 AT PAGE 345. 10. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT AGREEMENT RECORDED NOVEMBER 06, 1997 AT RECEPTION NO. 410362. 11. TERMS: CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE RECORDED JULY 14, 1999 AT RECEPTION NO. 433366. 12. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 48 (SERIES 2003) APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT RECORDED NOVEMBER 06, 2003 AT RECEPTION NO. 490830. ( 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2 (SERIES 2004) RECORDED APRIL 09, 2004 AT RECEPTION NO. 496329. .. P113 LTG Policy No. LTAQ62DD3309 Form PIB/ORT Our Order No, QFD62003309 4. The following documents affect the land: (continued) 14. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 32 APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT RECORDED OCTOBER 11., 2005 AT RECEPTION NO. 516050. 15. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE FINAL PUD AND SUBDIVISION PLAT OF THE CHART HOUSE LODGE RECORDED FEBRUARY 17, 2006 UNDER RECEPTION NO. 520960. 16. TERMS, CONDITIONS AND PROVISIONS OF PUD AGREEMENT RECORDED FEBRUARY 17, 2006 AT RECEPTION NO. 520961. 17. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE AGREEMENT -RECORDED JUNE 11, 2007 AT RECEPTION NO. 538776. 18. TERMS, CONDEONS AND PROVISIONS OF MEMORANDUM OF LOAN AGREEMENT RECORDED OCTOBER 19, 2007 AT RECEPTION NO. 543334. 19. TERMS, CONDITIONS AND PROVISIONS OF DEED RESTRICTION RECORDED MAY 12, 2008 AT RECEPTION NO. 549089. PARCEL B: 20. DEED OF TRUST DATED JUNE 15, 2006, FROM DANCING BEAR LAND LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF WESTLE AG TO SECURE THE SUM OF $53,000,ODD.00 RECORDED JUNE 15, 2006, UNDER RECEPTION NO. 525311. PARTIAL RELEASES, WERE RECORDED ON: APRIL 29,2009 UNDER RECEPTION NO, 558388, APRIL 29,2009 UNDER RECEPTION NO. 558389 AND J.ANUARY 19, 2010 UNDER RECEPTION NO. 566345, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568086, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568088, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568090. 21. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED JUNE 15, 2006 UNDER RECEPTION NO. 525312. .. Pll4 -LTG Policy No. LTAQ62003309 Form PIB/ORT Our Order No. QFD62003309 4. The following documents affect the land: (continued) 22. DEED OF TRUST DATED SEPTEMBER 22,2006, FROM DANCING BEAR LAND LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $5,000,000.00 RECORDED OCTOBER 02, 2006, UNDER RECEPTION NO. 529252. PARTIAL RELEASES, WERE RECORDED ON: APRIL 29, 2009 UNDER RECEPTION NO. 558387, APRIL 29, 2009 UNDER RECEPTION NO. 558390 AND JANUARY 19, 2010 UNDER RECEPTION NO. 566344, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568085, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568087, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568089. 23. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED OCTOBER 02, 2006 UNDER RECEPTION NO. 529254. 24. LIEN EVIDENCED BY STATEMENT OF SHAW BUILDERS LLC IN THE AMOUNT OF $7.163,631.42 RECORDED MARCH 03,2009, UNDER RECEPTION NO. 556853 AND AMENDMENT TO STATEMENT OF LIEN REDUCING THE AMOUNT OF THE LIEN TO $2,679,685.48 WAS RECORDED MARCH 31, 2009 UNDER RECEPTION NO. 557661, AMENDED STATEMENT OF LIEN REDUCING THE AMOUNT OF THE LIEN TO $233,753.89 WAS RECORDED JUNE 18, 2009 UNDER RECEPTION NO. 560054, AMENDED STATEMENT OF LIEN REDUCING THE AMOUNT OF THE LIEN TO $92,599. 39 WAS RECORDED AUGUST 5,2009 UNDER RECEPTION NO. 561667 AND AMENDED STATEMENT OF LIEN INCREASING THE AMOUNT OF THE LEN TO $410,407.38 WAS RECORDED OCTOBER 9, 2009 UNDER RECEPTION NO, 563544, AMENDMENT RECORDED MARCH 17, 2010 UNDER RECEPTION NO. 567738 CHANGING AMOUNT OWNED TO $373,870.44 AND AFFIDAVIT OF NON COMPLETION RECORDED MARCH 17, 2010 UNDER RECEPTION NO. 567739. 25. LE PENDENS IN THE DISTRICT COURT IN AND FOR THE, COUNTY OF PITKLN ENTITLED WESTLB AG, PLAINTIFF(S), VS DB CAPITAL HOLDINGS LLC ET AL, DEFENDANT(S), RECORDED MARCH 18, 2010, UNDER RECEPTION NO. 567768, CIVIL ACTION NO. 10CV98. APPLIES TO PARCEL A AND B . 26. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED DECEMBER 24, 1887 IN BOOK 59 AT PAGE 564 AND JULY 19, 1889 IN BOOK 59 AT PAGE 571, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID , MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 27. TERMS, CONDmONS AND PROVISIONS OF MULTIPURPOSE EASEMENT AGREEMENT ELECTRIC AND COMMUNICATION UTLLITIES RECORDED JUNE 15, 1976 IN BOOK 313 AT .. Pll5 ~ LTG Policy No. LTAQ62003309 Form PIB/ORT Our Order No, QFD62003309 4. The following documents affect the land: (continued) PAGE 246. 28. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN IN THE SURVEY RECORDED JUNE 9, 1997 IN PLAT BOOK 44 AT PAGE 11 AND FINAL PUD PLAN AND PLAT FOR DANCING-:BEAR LODGE RECORDED JUNE 8,2004 UNDER RECEPTION NO, 498443. 29. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 29 (SERIES 2003) APPROVING THE DANCING BEAR LODGE PRESERVATION PUD APPLICATION RECORDED JUNE 08, 2004 AT RECEPTION NO. 498441. 30. TERMS, CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JUNE 08,2004 AT RECEPTION NO. 498442. 31. TERMS, CONDITIONS AND PROVISIONS OF INDEMNIFICATION AND TEMPORARY EXCAVATION AND SHORING SYSTEM EASEMENT AGREEMENT RECORDED OCTOBER 30,2006 AT RECEPTION NO. 530449, 32. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED AUGUST 28, 2007 AT RECEPTION NO. 541427. 33. TERMS, CONDmONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED MARCH 24, 2008 AT RECEPTION NO. 547698. 34. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#22, SERIES OF 2008 RECORDED AUGUST 01, 2008 AT RECEPTION NO. 551560. 35. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 34, SERIES OF 2008 RECORDED DECEMBER 31, 2008 AT RECEPTION NO. 555408. 36. CONDOMINIUM DECLARATION FOR DANC~NG BEAR RESIDENCES ASPEN, 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 JANUARY 23, 2009, UNDER RECEPTION NO, 555974. .. Pll6 LTG Policy No. LTAQ62003309 Form PIB/ORT Our Order No. QFD62003309 4. The following documents affect the land: (continued) 37. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF DANCING BEAR RESIDENCES ASPEN RECORDED JANUARY 23, 2009 IN PLAT BOOK 90 AT PAGE 21 UNDER RECEPTION NO. 555975. 38. TERMS, CONDITIONS AND PROVISIONS OF RULES, REGULATIONS AND RESERVATION PROCEDURES RECORDED JAN-UARY 23, 2009 AT RECEPTION NO. 555976. 39. TERMS, CONDmONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE RECORDED MAY 12, 2009 AT RECEPTION NO. 558867. .. Pll7 LTG Policy No. LTAQ62003309 Our Order No. QFD62003309 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: CHART HOUSE LODGE ACCORDING TO THE FINAL PUD AND SUBDIVISION PLAT RECORDED FEBRUARY 17,-2006 IN PLAT BOOK 77 AT PAGE 49 UNDER RECEPTION NO. 520960. FORMERLY KNOWN AS: LOTS 6,7,8 AND 9, BLOCK 3, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COLORADO, WHICH PROPERTY IS ALSO DESCREED AS LOTS 6,7,8 AND 9, BLOCKS, E.AMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN AND ALSO THAT PART OF LOTS 6, 7,8 AND 9 WITHIN THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B: DANCING BEAR RESIDENCES ASPEN, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 23,2009 UNDER RECEPTION NO. 555975 ANDAS DEF]NED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED JANU.ARY 23, 2009 UNDER RECEPTION NO. 555974, TOGETHER WITH THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF A COMPARABLE RESIDENCE -DURING THE RESIDENCE WEEKS.RESERVED BY THE OWNER PURSUANT TO THE RULES, REGULATIONS AND RESERVATION PROCEDURES RECORDED JANUARY 23,2009 UNDER RECEPTION NO. 555976. COUNTY OF PITKIN,STATE OF COLORADO. .. Pll8 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Landt The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; tliose records which impart constructive notice of matters relating lo said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense ky reason of the following: (a) Taxes or assessmenls which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c:) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any , rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date: or (c:) attaching or creating subsequent to the Date. 1 3. Prosecution of Actions (a) The Company shalI have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever.requested by the Company, the Assured shall give the Company atl reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured.for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or lo pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. MB.ORT Cover Page 1 of 2 .. Pll9 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the .Assured because of reliance upon the assurances herein set forth, but in no event shall the liabilty exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the.Assured in litigation carried on by the Company for the Assured, and 21] costs and attorney's fees in.litigation carried on by Ihe Assured with the written authorizatiDn of the Company. [c) No claim for loss or damages sha!! arise or be maintainable under this Binder (l) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt or such notice, or (2) for liability voluntarily assumed by the.Assured in settling any claim Dr suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6 (b) thereof, shaiI reduce the amount of the liability -hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be los[ or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fIxed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogaled lo the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all lights and remedies against any person or proprly necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or Mtigation involving the rights or remedies. 8. Binder Entire Contract ,Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to il at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American ArbitraOon ,Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 533 E HOPKINS #102 22'* * * ASPEN,CO 81611 r %- 970-9254678 0 * 1, :%* 02 6 33* , rEE Al~orized Sigrilture P]E.ORT Cover Page 2 of 2 .. P120 WESTON CAPITAL CORPORATION POST OFFICE Box 1593 ASPEN COLORADO 81612 970-544-6900 June 30,2010 Mr. Chris Bendon Community Development Director City of Aspen 130 South Galena Aspen, Colorado 81611 - , Re: Application of Weston Capital Corporation, Receiver for Dancing Bear Residences Aspen Proiect-Extension of Vested Rights Request for Dancing Bear Residences Aspen Phase II, a.k.a. the Mountainside Building (formerly the Chart House Lodge) Dear Chris: With this letter, Weston Capital Corporation, Receiver on behalf of the Dancing c Bear Residences Aspen project ("Applicant"), submits a request for the extension of the vested rights covering Phase II of the Dancing Bear project. A. The following information accompanies this letter: 1. Proof of ownership (copy of Vesting Deed) with check for $1,470.00 to cover the application fee and deposit. 2. Signed fee Â·agreement. 3. Applicant's name, address and telephone numbers along with a letter signed by the Applicant which describes the names and addresses of the representatives authorized to act on behalf of the Applicant. 4. Copy of the Court Order issued in Pitkin County District Court Case No. 2010CV98 authorizing the Receiver to act on behalf o f the project. 5, The street address and legal description of the parcel on which development is proposed to occur along with a Commitment for Title Insurance issued by Land Title Guarantee Company. 6. 10 copies of the complete application packet and maps. 7. An 8 1/2" by 11" vicinity map locating the parcel in the City of Aspen. 8. A written description of the proposal (set forth in Part B below) along with a list of adjacent property owners within 300' for the public hearing. .. P121 WESTON CAPITAL CORPORA-TI ON Mr. Chris Bendon June 30,2010 Page 2 9. Copies of prior approvals. (Ordinance No. 32, Series of 2005, Planned Unit Development Agreement for Chart House Planned Unit Development and Letter dated January 7, 2010 from City of Aspen Building Official ~ Stephen Kanip: addressed to Jean Coulter of DB Capital Holdings, LLC) B. Description of Proposal The Dancing Bear Residences Aspen project is a two-phase fractional interest/residence club (timeshare) project located in downtown Aspen. The first phase (Phase I), also known as the Dancing Bear Residences Parkside Building, is a fully functioning fractional interest project located just west of Wagner Park at the northwest corner of Monarch and Durant Streets. The Brexi Brasserie, a public restaurant/bar, operates in the commercial condominium spaces in Phase I. The second phase (Phase ID, also known as the Dancing Bear Residences Mountainside Building, is located on the former Chart House site on the southwest corner of Monarch and Durant Streets. Phase Il was originally approved for timeshare and public restaurant uses as the Chart House Lodge Final Planned Unit Development pursuant to Ordinance No. 32, Series of 2005. Phase II is incomplete and in construction hiatus. It currently consists of four stories of.structural steel framing with an underground level of parking, a lower level and portions of a roof. Phase II received a three year vested rights period pursuant to Ordinance No. 32, Series of 2005 (see Section 3.16 of the Planned Unit Development Agreement for the Chart House Development, copy attached). An initial building permit was issued for Phase II and work commenced on Phase II in late 2007, and the vested rights for Phase II were therefore extended as the work on Phase II progressed. In 2009, work on Phase 11 stopped, with the exception of certain winterizing activities. On January 7,2010, the City of Aspen Building Department, recognizing that the work on Phase II was stalled, issued Administrative Order No. 1, 2010 allowing the building permit for Phase II (and corresponding vested rights) to remain active until June 30,20] 1 (see letter dated January 7,2010 from Step-hen Kanipe addressed to Jean Coulter of Dancing Bear, copy attached). In March of 2010, WestLB A,G., the lender on both phases of the Dancing Bear Aspen Residences project, requested and received a Court Order naming Weston Capital Corporation to act as Receiver for both Phases of the Dancing Bear Residences project feep. Amended Corrected Order Appointing Receiver, copy attached.) .. P122 WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30,2010 Page 3 The current application is to extend the vested rights for Phase II for an additional five (5) years beyond the June 30, 2011 expiration date of the existing building permit, In response to the review criteria for extending vested -rights expressed in Section 26.308.010(C)(1)(a)-(d) of the City of Aspen Land Use Code, the Applicant provides the following additional information and responses: a. The applicant's compliance with any conditions requiring performance prior to the date of applicationfor extension or reinstatement. Response: To the best of its knowledge and belief, Applicant and its predecessors have complied with all conditions that were required of them prior to the date of this application for extension of vested rights. The progress made in pursuing thâ‚¬ project to date including the effort to b. obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project. Response: As mentioned above, the building permit for Phase II was issued in 2007, and work commenced on Phase II. Approximately $6,000,000 has been expended on Phase Il construction activities. c. The nature and extent ofbenefits already received by the City as a result of the project approval such as impact fees or land dedications. Response: Pursuant to Section 15 of Ordinance 32, Series of 2005, and in connection with the issuance of the original, initial building permit for Phase II, Park Development Impact fees totaling $ 44,214 were paid to the City of.Aspen. In addition, an Occupancy Deed Restriction and Agreement for Employee Dwelling Units was executed and recorded so as to burden Phase II with leasing restrictions for two (2) category 3 employee dwelling units of 985 square feet each. d. The needs of the City and the Applicant that would be served by the approval of the extension or reinstatement request. Response: The Dancing Bear Residences Aspen project, including the incomplete Phase II, is in receivership. The project is currently unfeasible. It is anticipated by the C Applicant that construction on Phase II will not resume until the natiOnal economy stabilizes and demand increases for fractional interest/residence club- type projects. Currently, it appears that Aspen's existing fractional interest/residence club projects, hotels, motels and short term occupancy .. P123 WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30,2010 Page 4 offerings are satisfying current demands for fractional interest/residence club uses and tourist accommodations. By extending the vested rights period, the Applicant will be better able to assist in the re-capitalization of the project and see to a well timed construction re-start to meet the needs of Aspen's fractional interest/residence club users as well as our visitors. Thus, the needs of the City of Aspen and the Applicant will be served by the approval of the vested rights extension request. Based on the forgoing, and in accordance with the review criteria contained in Section 26.308.010(C) of the City of Aspen Land Use Code, Applicant respectfully requests that the City of Aspen grant approval to extend the vested rights for Phase II o f the Dancing Bear Residences Aspen project to June 30,2016, We look forward to presenting this application to the Aspen City Council and welcome any questions or requests for additional information. Sincerely, ' WESTON CAPITAL-CORPORATION, a co),6f-ijoajoration, RFCEIVER for DA~CNG N#AR RESI*NCES ASPEN By: 00.4 thi A 1/ James DeFranciti~President 4852745_1.DDC 10? 04;alena St, Aspen, CO 8161~219 E Durant Ave, Aspen, CO 81611~Google Maps Page 1 of 2 Google maps 81611 Directions to 219 E Durant Ave, Aspen, CO 0.4 mi - about 1 min Save trees. Go green!Â£3 #@t:ki~'A Download Google Maps on your ~ phone at google.com/gmm ,~*~ 1 $ 1- . --r - -I--- 1 '4- - - - -4-ho... 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P129 10/11 /2005 11 154 516050 Page: 1 of 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 ORDINANCE NO. 32 (SERIES OF2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT A-PPLICATION INCLUDING SUBDIVISION, TIMESHARE, MOUNTAIN VIEW PLANE, AND GROWTH MANAGEMENT QUOTA SYSTEM _EXEMPTION (GMQS) FOR AFFORDABLE HOUSING ON THE PROPERTY DESCRIBED AS LOTS 6-95 BLOCKJ, OF THE EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2735-182-19-002 WHEREAS, the Community Development Department received an application from LCH, LLC represented by Stan Clauson Associates, LLC, requesting approval of a Final Planned Unit Development including Subdivision, Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing on the property described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite ofAspen; and, WHEREAS, pursuant to the Land Use Code Section 26.445, Planned Unit Development; .Section 26.445, Growth Management Quota System; Section 26.480, Subdivision; Section 26.590, Timeshare; and Section 26.435, Mountain View Plane, the City Council may approve, approve with conditions, or deny the land use requests macie by the applicant during a duly noticed public healing aftw taking and considering comments from the general Â·public, and recommendations from the Planning and Zoning Cominission, Community Development Director, and relevant referral agencies; and, WHEREAS, the subject property is approximately 12,000 square feet in size, Â·and is located in the Lodge Zone District wherÂ© lodging is permitted with appropriate approvals; and, WHEREAS, the Chart House Lodge was granted approval for eleven Ill) Growth Management Allotments pursuant to Aspen City Council Ordinance No. 36, Series of 2004; and WHEREAS, du~ing duly noticed public hearings on June 7 and June 21,2005, the Planning and Zoning Commission opened the hearings, took public testimony, cohsidered pertinent recommendations and adopted Resolution No. 21, Series of 2005 recommending approval or the development proposal to the City Council; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under tbe applicable provisions of the Municipal Code as identified herein, has taken public testimony and heard the recommendations of the Planning and Zoning Commission, CommunityDevelopment Director and referral agenciesÂ·of the City of Aspen; and, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 1 P130 10/11/2005 11:15{ 516050 Page: 2 of 10 SILVIA DAVIS PITKIN Â·COUNTY CO 51.00 0 0.00 WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, ' WHEREAS, the City Council finds that-this ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAIMED BY THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Approval of the Development Plans Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the Chart.House Lodge Final PUD, which includes application for PUD, Subdivision (condominiumization), Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing for the development of a timeshare lodge consisting of eleven (11) lodging units and two (2) affordable housing units (consisting of two, 2-bedroom units), subject to the following conditions: 1. A PUD/Subdivision Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(CD. 2. A Final PUD/Subdivision Plan shall be recorded within 180 days of fhe final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Developmedt Engineer .and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping (including all plantings, species, numbers, and Iodations), parkinÂ® and the dimensional requirements as approved. c. A drawing representing theproject's architectural character. 3. Prior to applying for a building permit, the applicant shall record the PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder, Section 2: Dimensional Approvals The following dimensional requirements of the PUD are approved and shall be printed on the Final PUD Plan: Chart House Final PUD Ordinance No. 32, Series of 2005 P age 2 .. P131 111111111'll 111111111111111'lll 111111 ill 11111'll lili 10/11/2005 11 :15% 516050 Page: 3 of 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 No requirement 12,ODD Square Feet 11'1111%41'It?1301'1#0'*4d~ One timesharelodge (11 lodge units/21 keys and 2 affordabio housing units) 1411WHImmil,ime/ 120 fest 1, Iwi=u,dit-tuiÂ·l,INK 1,1, jill.,~U,i.ktmt,~dil:Â·f.,1111#4&1:1 10 feet 0-East side ..Â·-rjuH,smmm~m~*241* 15 West side, access way to AH units projects 5 feet from building 4 foot '1,114%1011Â¢*NOW@# ~, Â· ~ No Reguircment 46'6" fet No Requirement ! 9 Per=nt 2.49:1 1 1- lilli units i 27 spaces, 2 of which are designated for employee Section 3: BuildinH Permit Submittal The following conditions are applicable to this approval. 1. The buildingpermit application shall include the following: a. A copy ofthe final recorded ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required-by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees, e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas,. daily cleaning of adjacent paved roads, construction speed limits, and other measures necessao to prevent windblown dust from crossing the property line, g. .A dstailed kitchen plan for approval by the City Environmental Health Department. h. A study performed by a Colorado Licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets along with a soil stabilization plan. i. A drinage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge Chart House Final PUD Ordinance No. 32, Series of 2005 Page 3 P132 illill ilill lilill izilli lillillillilillill ilill lillilli 10/11/2005 11 :15; 516050 Page: 4 of 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency.should be used in designing any drainage improvements. 2. Prior to issuance of a buildingpermit a. The primary contactor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement 3. The Applicant shall complete (prior to any demolition) tile Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until submittal of this report If there is a finding of no asbestos, the den]olition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 4: Utility and Service Conditions of Approval The following conditions are applicable to this approval. 1. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City ofAspen Water Department 2. The Applicant shall provide the Water Department with a detailed plan for relocadng the fire hydrant that demonstrates that the water -mains will be shut down during the relocation of the hydrant. This plan shall be approved by the Water Department prior to relocation of the hydrant 3. The Applicant shall comply with the Aspen Consolidated Sanitation Distridfs rules .and regulations. When a new sewer line is installed, the existing service must be disconnected at the main sewer line at Aspen Street. No clear water connections (roof, foundation, perimeter drains) , shall be allowed to ACED lines. 4. The Applicant shall install an oil and grease separator in the restaurant/bar that meets the Aspen Consolidated Sanitation District' s regulations. The applicant shall also install an oil and sand separator for the indoor parking facilities. 5. The Applicant shall execute a shared sewer service line agreement prior to recordation of the PUD Plat and agreement. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 4 .. P133 l 1 111'll lillillilll 111111-11 lillill Ililli 112 lilli lill illi 10/11/2005 11:15I 516050 Page: 5 of 10 SILVIA DAVIS PITKIN COUNTY Co R 51.00 0 0.00 6. The Applicant shall -install an adequate fre.alarm system throughout the structure as determined by the Fire Marshal. The Applicant dhall also install a fire sprinkler system and.fire extinguishers that meet the requirements of -the Fire Marshal. In .addition, the water service connection to the sprinklers must provide an adequate flow of water to gliminate the need for a fire pump. Ths Applicant shall also install standpipes within the stairwells. Section 5: En:ineerinz Requirements and Conditions: The following conditions areapplicableto this approval. 1. The Applicant and contractors are hereby notified that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. 2. The Applicant shall submit a construction management plan as Sart of the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking .management plan which addresses, at aminimum, the following issues: a. Defining the construction ddbris .hauling routes and associated impacts on local streets; and b. Construction parking mitigation, except for essential trade tucks, no other personal trucks are to be parked in fhe area around the site. The city encourages that site workers be shuttled in from the airport parking area. 3. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4, The Applicant shall submit financial assurance in.an amount and form acceptable to the City Engineer and City Water Dopartment Director for excavation in the public right-of-way. The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 5, The Applicant shall abide by all noise ordinances. Constuction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. 6. The Applicant and the City agree that, at the owner's expense, the City shall sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty (30) minute parking for use by guests for the purpose of checking in. 7. The Applicant shall install two (2) ADA accessible sidewalk ramps. One ramp shall be constmcted from the sidewalk onto Monarch Street and the othef ramp shall be constructed from the sidewalk onto Durant Avenue. The applicant shall install sidewalk, Curb, and gutter that meet the City Chart House Final PUD Ordinance No. 32, Series of 2005 Page 5 P134 Â® ~1111 Illill li Efilill litili 111 ilill ICI< lill 10/11/2005 11:15/ 516050 Page: 6 -of 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 Engineer' s required specifications along Monarch Street and Durant Avenue prior to issuance of a Certificate of Occupancy. Section 6: Construction Management Plan The intent ofthis condition is to ensure that the developers ofmajor building projects that are occurring simultaneously in and -around downtown Aspen work together to limit the cumulative impacts of construction to the greatest extentpossible A construction management plan shall be submitted with fhe building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with oth'er neighboring developments under construction to limit the impact:s of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require.all dump trudks hauling to and from the site to cover theirloads and meet the emission requirements of the Colorado Smoldng Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a figitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. Section 7: Lighting All exterior lighting shall meet the City ofAspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 8: Environmental Health The following conditions are applicable to this approval. 1. The Applicant shall obtain a Colorado Retail Food Establishment License prior to the serving of food that has been prepared on-site. The Applicant shall also obtain a liquor license prior to serving alcoholic beverages. 2. A bear-proof dumpster or a dumpster that is fully enclosed behind doors that meets with the standards of the.City of Aspen Wildlife Ordinance shall be located on-sits. Chart House Final PUD Ordinance No. 32, Series of2005 Page 6 P135 l i 11% 11'H il MI li m lill i lim '111 lili 10/11/2005 11:154 516050 Page: 7 of 10 SILVIA DAVIS P ITKIN COUNTY CD R 51.00 D 0.00 3. The Applicant shall submit a final PM-10 mitigation plan to the Environmental Health Department for approval -pflor to issuance of a building permit. The mitigation plan shall include all of +the .mitigation measures that were proposed in the application. Section 9: Landscaping Improvements All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Piiblic Right-of-Way, Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The Applicant shall also obtain a revocable encroachment license from the City En ginemifg Department prior to installation of any landscaping or improvements in tbe public right-of-way. Should any street trees along Durrant Avenue that are located on the boundary of the Chart House Lodge project fail,.as determined by the Parks Department, within 2 years after issuance of Certificate of Occupancy, then the develop:r Â·shall be responsible for the replacement of said trees. Such tree replacement shall be with -trees of a ca*per of 6 to 8 inches in size and of a species approved bytheParks Department The flower box and landscape pottings located on and in ftont of the building as shown on the representdons contained within the Final PUD.application dated March 31,2005, shall be substantially implemented as part of this approval. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department. a. The Parks Department must inspect and approve of the fence location before any construction activities commence. b. No excavation, storage ofmateIials, storage of construction equipment, consauction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. Section 10: Public Restaurant The restaurant within the Chart Nouse Lodge project shall be and remain open to the general public. Conversion of the restaurant to private facility shall require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants. Section 11: Timeshare Tbe following conditions are applicable to this approval. 1. Each owner ofan estate shall have an undivided ioterest in the conunon areas (patio, storage, other) within the facility. 2. All unsold timeshare units that are not used by the applicant for exchange, marketing, or promotional purposes shall be made available for short-term rent until purchased. Owners must make reservations for "short-notice, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 7 .. P136 1 516050 ,&1Â®111111'IN'Imminm,1111 10/11/2005 11:15l Page: 8 of 10 SILVIA DAVIS PITKIN COUNTY Co R 51,00 D 0.00 space-available" time no less than 30 days prior to the time of Ilse and the unit space shall be available to the general public during that time. These conditions shall-be included in the Timeshare Documents, PUD and Subdi vision Agreements to be redorded in the Pitkin County Clerk and , Recorder's Omce. 3. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the non-dead restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. Section 12: Employee Housing Mitieation The following conditions are applicable to this approval. 1. The Applicant shall adequately mitigate for employee generation by providing affordable housing mitigation with two (2) deed restricted units (two 2-bedroom units) on-site, at a Category 3 level or as finalized by the Housing Department depending on the final size of the unit. The applicant shall structure a deed for the units such that 1/10th of 1 percent ownership of the units are given to the Aspen/Pitkin County Housing Authority in perpetuity; or the applicant may propose any other means that the Housing f Authority or the City Attorney determines acceptable, This document shall be recorded prior to building permit approval. 2. The Applicant shall provide priority to the occupant(s) of the affordable housing units, for the use of two (2) of the on-site parking spaces. In the event that the occupanks) of the affordable housing units do not own cars, the parking spaces shall remain available for the general use of the lodge guests. 3. The affordable housing units shaU be deed restricted at the Category 3 rental Tate, but since the units are for the use of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staffprior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business. 4. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable , bousing units. Section 13: Dean Street Improvments The Applicant has offered a financial contribution toward physical improvements to Dean Street for the enhancement of pedestrian amenities and aesthetic upgrade to Cle Dean Street way. The $250,000 financial contribution to the City of Aspen for such Chart House Final PUD , Ordinance No. 32, Series of 2005 Page 8 .. P137 i im 11: III iml imi mim m imu Iin MI 10/11/2005 11:15% 516050 Page: 9 of 10 SILVIA DAVIS PITKIN COUNTY CO R 51,00 0 0.00 improvements shall be made prior to Certificate of Occupancy for the building and shall be placed in a city fund solely for thepurposes of improvements to Dean Street, Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, fne Applicant shall pay a fee-in-lieu ofland dedication prior to building-pennit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee,ths Applicant shall pay a park development impact fee in the amount of $44,214.00 prior to building permit issuance. The fee is assessed based on the following calculation: Proposed Commercial: 0 new net leasable square feet $0 due on commercial space Proposed Residential: 2 - 2 bdrm units (AH>x $2120 (fee per unit) = $4240 10 - 3 bdmi units (FM) x $3634 (fee per unit) = $36,340 1 - 4 bdrm unit (FM) x $3634 (fee per unit) = $3634 Total: $44,214 Section 16: All material representations and commitmsnts made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commlssion or City Council, are hereby incomorated in such plan development approvals and the same shall be complied with as iffully set forthherein, unless amendedby an authodzed entity. Section 17: This ordinance shall not effect any existing liâ‚¬gation and shall not operate as an abatement o f any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such pri or ordinances. Section 18: If any section, subsection, sentence, clause, phrase, or portion qf this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinbt and independent provision and shall not affect the validity of the remaining portions thereof. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 9 P138 11111111111111111111111111111111111'lli 11111111 lilili 10/11/2005 11:15{ 516050 Page: 10 of 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office ofthe Pitkin county Clerk and Recorder. Section 19: A public hearing on this ordinance shall be held on the 258 day of July, 2005, at ameeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a publ ic notice of the same shall be published in anewspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on thellth day ofJuly, 2005. Attest: Ap- A , #K I ,_ i>(94Â«-- / <13.1~-UL. f kathryn s:-26>Eiti Clerk Helen â‚¬Klandet'621, Mayor~i S EAL} 4" d FINALLYi hÂ®pted, passed and approved this _Q__day 0~8~005. C i , - , \#pi J / r. n . r- 1216*u ..-i AA--~ r-, dkaÂ».1*h, ~44erk Belen K. Klan~rud, Mayor V. SEAL) ~. Approved is tq?form: CO Â£ O A X6 9 / //ERV/f LA ( 1,â‚¬~,.â€ž. guetâ‚¬Attonity i Chart House Final PUD Ordinance No. 32, Series of 2005 i Page 10 .. P139 PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE CHART HOUSE PLANNED UNIT DEVELOPMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this / 5 day of February, 2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporations (hereinafter referred to as the 'City"> and LCH, LLC, a Colorado limited liability company (hereinafter referred to as thart House') WITNESSETH WHEREAS, Chart House has submitted to the City a request for Planned Unit Development approval, including-Timeshare, Mountain View PIane, and Growth Management Quota System (GMCE) Exemptions for eleven eli) lodging units proposed for development, situated within the City of.Aspen, Colorado to be consolidated, platted and known as the Chart Housa Planned Unit Devabpment (the 'Property ), which Application requested the approval, execution and recordation of a Final Planned Unit Deve)opment Plat of the Property (the FInal Plar); and WHEREAS, the City has fully considered and approved the Appflcation, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 32 (Series or 2005), and the affects of the proposed development and improvements of said Properly on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain condiaons and requirements in connection wlth its approval of the Application, and its execution and recordation oflhe Final Plat, such matters being necessary to promole, proted, and enhance the public health, safety, and general welfare; and WHEREAS, Chart House ts willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the F,nal Plat; and WHEREAS, under the authority of Sections 28.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code,the City is entitled to certain financial guarantees to ensure: (i) that the required public facilities are installed, and (ii) that the required landscaping is Implemented and maintained, and Chart House is prepared to provide such guarantees that hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Planned Unit Development Agreement, the City and Chart House have executed and recorded the FInal Plat in Plat Book -1-1 at Page 44. Reception No310?60 In the office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in constderation of the mutual cavenants and agreements herein contained, the approval, execution, and acceptance of this Planned Unit Development Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 520961 ez/17/ZDDB 11:081 PAg,: 1 of 13 JAN]CE K VDS CRUDILL PITIUM COUNTY CO R 56.00 D 8.Be .. P140 ARTICLE I PURPOSE AND EFFECT OF PLANNED UNIT DEVELOPMENT AGREEMENT 1.1 Purnose. The purpose ofthis Planned Unit Development Agreement along with the Final Plat, Is to.set forth the complete and comprehensive understanding and agreement of the parties with the respect-to the development of the Chart House Planned Unit Development and to enumerate al! terms and conditions under which such development may occur. 1.2 Effect. His the Intent of the parties that this Planned UnH Development Agreement and the Final Plat shalleffectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property, including -and without limitation those matters identified in Article IV below (collectively, the Prior Approvals and Instruments). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005), the Aspen City Council granted Planned Unit Development approvals, Timeshare approvals, Mountain View Plane approvals, eleven (11.) Growth Management Allotments, and Growth Management Quota System (GMQS) exemptions for Afiordable Housing, providing for development of a eleven (11) lodging units and two (2) affordable housing units to be known as Chart House Planned Unit Development on the Property (collective,ly, the Project). This Planned Unit Development Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 36 (Series of2004) and Ordinance No. 32 (Series of 2005). In the event of any inconsistencies between the provisions of Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of2005) and the provisions of this Planned Unit Development Agreement and.the Final Plat, the provisions of this Planned Unit Development Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 32 (Series of 2005) approved Chart House Lodge Final Planned Unit Development on Lots 6- 9, Block 3, of the Eames Addition to the City and Townslte of.Aspen. The dimensional requirements of the PUD arethefollowing: Minimum Lot Size 12,000 5. f Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density One timeshare lodgm (11 lodge units/21 keys and 2 affordable housing units) Minimum Lot Width 120 n Minimum Front Yard (E Durant) Setback 1012 Minimum Side Yard Setbacks 0 It-East 15 ft- West, access way to Affordable Housing units projects 5 ft from building Minimum Rear Yard 4ft Maximum Site Coverage No Requirement Maximum Height 46' 6- feet Min. Distance between Buildings on a lot No requirement 2 Ilimm %111111111 02/17/2006 11 0 08i 520961 Page: 2 of 13 JANICE K VOS CAUDILL PITKIN COUNTY CO R 66.00 D Â®.00 .. P141 -&-Ill --I Min. Percent of Open Space 19 Percent Allowable.External FAR 2.49:1 Minimum Off-Street Parking 27 spaces, 2 of which are designated for employee units ARTiCLE 111 APPROVALS AND EXEMPTIONS 3.1 Impad Fees. (a) Park Impact Fees. Chart House.shal! pay apark development Impact fee in the amount of $44,214 pdorto buiking permit issuance. (b) School Impact Fees. Chart House shall pay a fee-in-!leu of land dedication prior to building permit issuance, The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule In effect at the time of building permit submlttal. Chart House shall provide the market value of the land including site improvements, but excluding the value of structures on the site. 3.2 Water Department Standard5. (a) The Chart House PUD shall comply with the CIty of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City'& Municipal Code OA'ater Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Depaliment; (b) Chart House Will submit financial assurance in an amount ar,cl form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. (c) Chart House will schedule the abandonment of the existing water tap prior to requesting a new water tap. 3.3Sanitation Drstrict'Standards. Chart House shall comply with the following rules and regulations of the A5pert Consolidated Sanitation District CACSD") with respect to the Project: (a) ) When a new Bervice line is required -for existing development,the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACS[) requirements; (b> All clear water connections ars prohibited, i.e., ground water (roof, foundation, perimeter, patio drains), including entrances to underground parking garages (if any); (c) On-site drainage plans require approval by the ACSD, must accommodate ACSD service requirements, and must comply with ACSD nnes, regulations and specifications: (d) OrÂ·~site santtary sewer utility plans require approval by ACSD; (e) Oil and grease separators in the restaurant/bar and in the indoor parking 3 i illijj lills li Jill illi ll ilill ill alilli 119 ilill 1)n il li 02/ 17/2BBE 11:084 520961 Page: 3 of 13 JANICE K VCS CRUWLL PITKIN DOUNTY CO R 65.00 0 0.00 .. P142 facilities will be installed, complying with the Aspen Consolidated Sanitation District's regulations. (f) A shared -sewer service line agreement -shall be executed prior to recordation of the PUD Plat and agreement (g) All ACSD total connection fees must be paid prior to the issuance of a building permit; (e) Glycol snowmelt and heating systems musl have containment provisions and must predude discharge into the public-sanitary sewer system; (f) Plans for interceptors, separators, and containment facilities require submittal by Chart House and approval by ACSD prior to buHcfing permit issuance; (i) Permanent improvements are prohibited In areas covered Â·by sewer easements or rights of ways to the lot line of each development; 3.4-Dean Street Improvements. Chart House shall provide the City with a monetary contribution of $250,000 for improvements to the Dean Street Pedestrian Project in the vicinity of the Chart House (Dean Street, between South Monarch Street and South Aspen Street). The contribution shall be deposited in the City's Dean Street Improvement accountThis contribution shall be made prior to the issuance of a Certificate of Occupancy for the building and shall be placed In a City fund solely forthe purposes of improvements to Dean Street. The City shall be authortzed to use these funds for the construction of Dean Street Pedestrian Project improvements such as may be designed and approved by the City. Alternately, Chart House may work cooperatively with the City to design said improvements, utilizing a portion of the monetary contribution for design fees. -3.5 Construction Management Plan. Prior 10 issuance ofa building permit with resped to the Project, and prior to commencement of any site/utility work, the Chad House PUD shall submit a Construction Management Plan ("CMP") for approval by the City:s Community Development Department The construction management plan will consist of noise, dust control, construction traffc, and construction parking management plans.The CMP shall include the following provisions: (a) No construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. (b) A plan designating debris hauling -routes and associated impacts on local streets; and (c) Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. Site workers are encouraged to be shuttled in from the airport parking area. {d) To prevent mud from being tracked onto City streets during construction, washed rock or other style mud rack must be installed during construction. (e) Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday through Saturday,-and construction crews will comply with all noise ordinances, 4 1 lilli lilli 111111 81111 lilli ll' ul'11 111 1111~ lili lili 12/17/Z006 11:08i 520961 Page: 4 of 13 JANICE K VOS CAUDILL ATION COUNTY CO R GB .00 D 0.00 .. Pl 43 (f) A plan for accepting major construction-related deliveries with estimated delivery schedule shall be submitted. (g) An agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. (h) All dump trucks hauling to and from the site wil] cover their loads and meet the emission requirements of ihe Colorado Smoking Vehicle Law. 3,6 Access Infrestruclure Permit. Prior lo the construction of.any improvements on the Project, a jicensed contractor must obtain a City Access-Infrastructure CA-1 Permit"). A single contraotor will complete all infrastructure associated with the Project. As part of the A-] Permit the contrack,rwill be required to comply with the CMP provided for herein. 3.7 Streets. (a) Chart House will pay for the City b sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty 930) minute parking for use by guests for the purpose of checking in. (b) ADA accessible sidewalk ramps will be installed at the intersection of Monarch Street and Durant Avenue, and at the intarsection of Monarch and Dean Street in accordance with City of Aspen engineering specifications. (c) Sidewalk, curb, and gutter will be installed that in accordance with City of Aspen engineering specifications and the submitted plans along Monarch Street and Durant Avenue prior to issuance of Certificate of Oocupancy. 3.8 Timeshare. (a) Each owner of an estate shall have an undivided interest in the common areas (path, storage, other) within the facility. (b) All unsold timeshare units that are not used by the applicant for.exchange, marketing, or promotional purposes shall be made available for short-term rent until purchased. Owners must make reservations for short-notice, space available' time no lass than 30 days prior to the time of use and the unit space shall be available to the general public during that time. These conditions shall be included in the Timeshare Documents, PUD and Subdivisbn Agreements to be recorded (c) Nothing in the timeshare documents shall prohibit short-term rentals or occupancy 3.9Emplovee Housing Mitioation (a) Chaft House shall provide two (2) dead restricted units (two 2-bedroom units) gn-sile, at a Category 3 level or as finalized by the Housirig Department depending on the final size ofthe unit The deed shall include lt10* of 1 percent ownershfp of the units by the Aspen/Pitkin County Housing Autholity in perpetuity; or other msans that the Houslng Authority 5 520961 1 iliti Ilin Immi mill lilii 1 lililli 1Imi m 1 02/17/2006 lt:081 Pâ€¢gâ€¢: 5 of 13 JRINICE K VOS CAUDILL PITKIN COUNTY CO R 65.00 0 0.00 .. P144 or the City Attorney determines acceptable: (b) Occupant(s) of the affordable housing units will have priority for the use of two (2) of the on-site parking spaces. (c) income and asset restrictions shall be waived since the units are for the use of the lodge. Chart House.shall meetwithlhe Housing Office Staff prior to the completion of the project to establish mutually.acceptable lease terms-for employees whose Units are attached to the business; (d) Chart House shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees, or.similar charges related to ownership In the deed restricted affordable housing units; 3.10 Planned Unit Development Agreement. This Planned Unit Development Agreement was granted a 30-day extension to the 180-day recording requirement and Agreement has been recorded within this extension. The Â·proposed encroachments and easements, including snowmelt and irrigation encroachments as well as the switch gear/transformer easement, shall be licensed and recorded.prior to the issuance of a Certificate of Occupancy. 3.11 Fire Department Reouirements. The Project shall include an adequate fire alarm system throughout the structure as determined by the FIre Marsha[, including fire sprinkler systems, fire extinguishers, and standpipes within the stairwells. A fire hydrant will be relocated. The sprinkler designs shall meet approval of the Aspen Fire Protection District Fire Marshall in order to confirm that adequate water volume and water pressure exists for the sprinklers. 3.12 Bundina PermH Reouirements. Any building perÂ·mit application for the Project shall include and/or depict the following information: (a) A signed copy of Ordinance No. 32 (Series of 2005) granting final land use approval. (b) A letter from the primary contractor stating that the contractor has read and understands Ordinance No. 32 (Series of 2005). (c) The conditions of approval of Ordinance No. 32 (Series of2005) shall be printed on the cover page of the building permit set (d) A completed tap permit for sewer service from ACSD. (e) A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any -removed trees. (f) A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes initÂ·~e design of ventilation and heating systems. (g) A fugitive dust control plan approved by the City Environmental Health Department which addresses watering of disturbed areas, including haul roads, perimeter silt fencing (as needed), cleaning of adjacent rights of way, speed limits within and accessing the Project, and ability to request additional measures to prevent nuisances during construction. 6 02/ 17~2000 11 : - 520961 Pagr: 5 or 13 JANICE K VOS CALBILL PITKIN COIMTY CD R 81.00 D 0.00 .. - P145 Chart House shall wash tracked mud and debris from the City streets as necessary, and as requested by the City, duIing construction. Submission W a fugltive dust control plan to the Colorado Depanment of Publjc Health and Environment Air QuaIRy Control Divisions will also be necessary due to the Property being larger than one (1) acre. (h) A detailed kitchen plan for approval by the CityEnvironmental Health Department. (D A drainage plan, including an erosion control plan, prepared bya Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correa#y size the facilily. A 5-year storm frequency should be used in designing any drainage improvemenls. (I) A study paionned by a Cojorado kensed asbestos inspector detailing the presence or absence of asbestos. The State of Colorado must be noUfied and the report must be complete prior to issuancs of a buildjng permit. 00 Prior to issuance of a building permit (i) all tap fees, impact fees, and building permit fees shall have bean paid for the particular phase, (ii) the location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Aspen Fire Protection District Fire Marshal; and (iii) a final PM-10 mitigation plan. (i) A Construction Management Plan as described in Section 3.7 above. 3.13Liahtina. Al! exterior lighting shall mee! the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. 3.14 Environmental Hsalth. (a) Chart House will obtain a Colorado Retail Food Establishment License and a liquor license prior to the serving of food and alcoholic beverages accordingly on-site. (b) A bear-proof dumpster or a dumpater [hal is fully enclosed behind doors that meets with the standards of the City of Aspen Wildlife Ordinance shall be located on-site. (c) Chart House shall submit a fnal PM-10 mitigation plan to the Environmental Health Department for approval prior to issuance of a building permit, including all mitigation measures that were Â·proposed in the application. 3.15 Public Restaurant The restaurant within the Chart House project shal be and remain open to the general public. Conversion of the restaurant to a private faclity shall require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants, 3.16 Vested R)ghts. The deve)Dpment approvals granted by the City pursuant to Ordinance No. 32 (Series of 2005) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. 7 520961 I llili @ 1111 ililil 111111 1111111 1# lim 1111 11 02117/2005 11:05\ Pag.: 7 or 13 JANICE K VES CAUDILL PITKIN COUNT'f CD R 63.00 D 0.00 .. P146 Article IV Prior Approvals and Instruments 1. Resolution No. 21 (Series of 2005) of the Aspen Planning and Zoning Commission recommending approval of Growth Management Quota Exemptions, Planned Unit Development, Timeshare, and Mountain View Plane. 2. City of Aspen Ordinance No. 36 (Series of 2004) approving eleven (11) Growth Management Allotments. 3. City of Aspen Ordinance No. 32 (Series of 2005) approving Planned Unit Development, Timeshare, Mountain View Plane, and Growth Management Quota System (GMQS) for Affordable Housing on the property.described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen. Pitkin County, Colorado, recorded 8 4 1, 2Dbras reception no. S-/ 4 0 50.. Pitkin County, Colorado. ArOcie V Planned Unit Development Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, Chart House shall accomplish the following Planned Unit Development improvements (col)ectively, the "Planned Unit Development Improvements'D, all as further depicted and described on the Final Plat 5.1 Landscaping Improvements (1) installation and landscaping in a public right-of-way as shown on the approved plans, approved by the City Parks Departmentand in conformance with Municipal Code Chapter21.20, Trees and Landscaping on Public Right-of-Way at an estimated cost of $28,800; (2) replacement of any steettrees along Durant Avenue that are located on the boundary of the Chart House Lodge, with trees of a caliper of 6 to B inches of size and of a species approved by the Parks Department, should any fail within 2 years after issuance of Certificate of Occupancy; (3) implementation of flower box and landscape pottings located on and in front of-the building as shown on the representations contained with the Final PUD application dated March 31,2005; (4) installation of tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department and (5) no excavation, foot or vehicular traffic, or storage of materials, construction equipment and construction backfill will be allowed within the fenced drlp line. 5.2 Street and Site Improvements. Installation of stmet and site improvements as depicted on the schedule prepared by engineering Consultants Scilmueser, Gordon, Meyer, dated 18 October 2005 (anached as Exhibit 1), induding changes to the Durant Avenue corÂ·ridor; 8 Ii'11111~m Iiim im iMLIII m Iiim Ii# iIiI 520961 P age: 8 of 13 02/17/2006 11 : 081 JANICE K "05 CAUDILL PITKIN COUNTY Co R 66.00 D e.00 .. - Pl 47 installation of sidewak, curb, gutter, and handicapped ramps meeting the Engineefs required specifications along Monarch Street and Durant Avenue, street fight relocation; installation of a new sewer main extension; and installation of Stormwater drainage improvements at an estimated cost of $121,SOO. 5.-3 Financial Guarantees. In order to ensure construction and installation of the Planned Unit Development Improvements 5.1 and 5.2 described immediately above, Chart House shall provide to the City either an irrevocable standby latter of credit from a financially responsible lander or a bond in the amount of $150,300. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to the Project, shall be in a form reasonably acceptable to the City Attorney and.the City Manager, Â·and shall give the City the unconditional right, upon default hereof by Chart House, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to addjtional administrative or legal costs associated with any such default and the repair of any deterioration in Planned Unit Development Improvements already constructed before the -unused remainder, If any, of such letter of credit or bond is released to Chart House. Provided, however, that the City shall give Chart House fourteen (14> days' written notice of a default (and the right to cure during such period) prior to the City's right to make a draw under the latter of credit or bond. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Chart House shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem A in fact resolved within a reasonable period for time following its occurrence. As portions of the Planned Unit Development Improvements are completed, the City Engineer shall insped them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit or bond equal to an agreed upon estimated cost for the completed portion of the Planned Unit Development Improvements: provided, however that len percent (10%) 01 the estimated costs shall be withheld until all of the Planned Unit Development Improvements are completed and approved by the City Engineer. It is the express understanding of the parties that compliance with the procedures set forth in Artide Vt below pertaining to the procedure for default and amendment to this Planned Unit Development Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Chart House as set forth above, Article VI Non-Compliance and Request for Amendments or Extensions In the event that the City determines that Chart House is not acting in substantial compliance with the terms of this Planned Unit Development Agreement, the City shall notify Chart House in writing specifyinglhe alleged non-compliance and asking that Chart House remedy the alleged non-compliance within such reasonable time as the City may determined, but not less than 30 days. -lf the City determines that Chart House has not complied within such time, the City may issue and serve upon Chall House a written order specifying the alleged non- compliance and requiring Chart House to remedy the same with}n thlrty (30) days. Within twenty (20) days of the recelpt of such order, Chart House may file with the City Engineering 9 520961 1 111'll lilli 111111 lilill'll 111 Ill'lll Ill lilli Ill' lili Page: 9 of 13 52/17/Z008 11. 081 JANICE K VCR CAUDILL PITKIN COUNTY CO R 56.00 O 0.00 .. P148 Department either a notice advising -the City that it is in compliance ora written request to determine -any one orboth of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether-a variance, extension of time or amendment to this Planned Unit Development 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 noncompliance. 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.appropriale, including the Imposition of daily fines until such non-compliance has been remedied, the withholding of permits andior certificates of occupancy, as appitable, provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Planned Unit Development 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 ior performance hereunder if Chart House demonstrates that the reasons for the delay(5) which necessilate said extension(s) result from acts of God or other events beyond the reasonable control of Chart House, despite good faith efforts on its part to perform in a timely manner. Article VII General Provisions 7. 1 Successors and Assigns.The provisions hereof shall be binding upon and inure to the benefit of Chart House and the City and their respective successors and assigns. 7.2 Governinq Law. This Planned Unit Development Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Planned Unit DevelopmentAgreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is Invalidated, such invalldity shall not affect the validity of the remainder of this Planned Unit Development Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other drcumstance shall not be affected thereby. 7.4 Inteoration. This Planned UnR Development Agreement and any exhibits attached hereto contains the entire understanding betvmen the parties hereto with respect to the transactions contemplated hereunder. Chart House and its successors and assigns may on its own initiative petition the City Council for an amendment to this Planned Unit Development Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not Unrsasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendment or extension of 10 520961 limlmllmmMlli~IlllImilmilll PaMâ€¢: 10 of 13 02/17/2006 11 :08I JArilcE K Â¥05 CAUDILL PITKIN COUNTY CO R BS .00 0 0.00 .. P149 time shall only become effective upon the execution by alt parties hereto that are affected by the proposed amendment. 7.5 Headings. Numerical and title headings contained In this Planned Unit Development Agreement are for convenience only, and shall not be deemed determinative of 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. 7.6 Acceptance and Recordation of Final Plat Upon execution of this Planned Unit Development Agreement by both parties hereto, the City agrees to approve and execute and 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 Chart House, 7.7 Notice. Notices to be given lo the parties to this Planned Unit Devefopment Agreement shall be sonsidered to be given if delivered by facsimile, if hand delivered, or If dellvered to the parties by registered or certified mall at the addresses incfcated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: The C}ty: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 Chart House: LCH, LLC Thomas M. DiVenare, Manager P.O. Box 571 Aspen, Colorado 81612 Facsimile: (970) 925-3977 With copy to: Eben P. Clark, Esq. Klein, Cote & Edwards, LLC 201 North Mill Street, #203 Aspen, Colorado 81611 Facsimile: (970) 925-9367 i illill'111111<111~1111111I11<111111~ 111111~11111111~ 02/17/200& 11 :08: 520961 Pag.: 11 af 13 JANICE K VOR CALJOILL pri-KIN ODUNTÂ¥ CO R 66, te D 0.00 11 .. P150 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals Â·as of the day and year first above written. CITY: CITY OF ASPEN. COLpFU\DO, a Colorado municipal corfjr~n# / â€¢r 3Â« 3 2424 'Kathryn s. ~h,-Clly Clerk APPROVED AS TO FORM: , Â·- -34 1 11Ar,Ifil- dihrr-*orÂ¢Qst&, Cl'ty Attorney CHART HOUSE: LCH, LLC,kcolprado nmited liability company CZ>L 'AIA,// By, THomas M. DiVenere as its Manager 111111111111'lll IHI'l lilli Ill Illilli m Ill'll 11Â£ 1111 520961 Page: 12 or 13 02/17/2006 11:eat JANICE K VOG CAUDILL PIT}UN COUNTY CO R 66.00 D 0.00 12 P151 STATE OF COLORADO ) i St, COUNTY OF PiTKIN) The foregoing instrument was acknowiedged before me this LE_ day o~Fl~yml;008 by John Worcester, City Attorney of the City of Aspen, Colorado, a muni*al=Refation. ( ..%.qx Witness my hand and official seal, A-... L.: 003x My. 1 4-Â·, T '...6,2,,P My commission expires: Notary Public 1'62.. ,.8.99 Nj.fÂ· 11. Â·I-4,3653/ STATE OF COLORADO ) JOk=sss' ) SS. + 1 i,inGSJOR EXplms 0412512U]e COUNTY OF PITKIN ) The foregoing Instrument was acknowledged before me this litb* oft~ by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municip#Fdotporation. ''hl Rk ..1 My commission expires: 1 Witness my hand and official seal P..f. -4.. Notary Pubit .Â£~C./'.&IID STATE OF COLORADO > ) -SS. * Dums;kn E*moWSZOO@ COUNTY OF PITKIN ) The foregoing instrument was acknowledged.b<gRI: me this.2_ day of F:ka 2006 -by Thomas M. DNenere as Manager of LCH, LLC,.#Â¢Gi~ liability company. Witness my hand and official seal, 2 7 ....,G% R # 2'Vb. My commission expires: 4--5-26%â‚¬223)~ U X'k.halvi-O.- 1111:1@%11".1111111 02/17/2006 11:081 520961 Page: 13 of 13 JANICE K IDS CAUDILL PITKIN COUNTY cO R 56,00 0 0,00 13 .. P152 January 7, 2010 Jean Coulter DB Capital holdings, LLC PO Box 571 411 S Monarch St Aspen, CO 81612 Re: Permit Number: #0037.2007.ACBK Permit Address: 219 E Durant Ave Dear Jean: Your request to extend the building permit application referenced above has been reviewed and granted. Administrative Order # 1 2010 allows the building permit to remain active until June 30, 2011.. The extension shall not impact, change or extend any expiration dates associated with any land use approvals and/or vested rights granted by the Aspen Council or the Aspen Community Development Department. Your permit application will expire if not issued by June 30,2011. Regards, 2<1*-1<1~4 Pt-Aft Stephen Kanipe, CBO Building Official, City of Aspen .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: atil S Monarch St. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Sefton bir 23- , 20 f / O STATE OF COLORADO ) ) SS. County of Pitkin ) Bonnic /1,(614,1/rWAÂ· (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally r certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: )(, Publication of notice: By fhe publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form waa.pbtained from the Community Development Department. which was 9**3eiff suitable, waterproof materials, which was not less than twenty-two (24 49**1*Nide and twenty-six c (26) inches high, and which was composed of 1dfers'hot less thari one inch in height. Said notice was posted at least fifteen (15) #ays prior to the'public hearing~ and was continuously visible from the day bf 1 , 200 ,to and including the date and time of the public heAÂ¢if+.Â¢photograph of the posted notice (sign) is attached hereto. ...t. .Ill, ...2,0 4., V-4, Mailing of notice. By the mailing of a notice ~lmli2ED From thesCO][~I~nity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing. notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) .. Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended. whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature */lit ilÂ»fÂ»--2 The foregoing "Affidavit of Notice" was acknowledged before me this ~03 day of .(22Â·1â‚¬Mi bâ‚¬ v- , 2011, by 13,4, iti~ lf/lgit-~\hlo~IrlvEt PUBLIC NOTICE RE: 411 S. MONARCH STREET/219 E. DU- %..NELQ RANT STREET (DANCING BEAR RESIDENCES, 0 422 ./ ....0.-0 YA PHASE ID - VESTED RIGHTS EXTENSION NOTICE /S HEREBY G/VEN '*at a public hearing Â«eARP.<11 WITNESS MY HAND AND OFFICIAL SEAL will be held on Monday, September 27,2010, at a meeting to begin at 5:00 p.m. before the Aspen . City Council, City Council Chambers, City Hall, 130 â€¢ S. Ga!ena St., Aspen, to consider an application , subrr itted by Weston Capital Corporation as . My commissiongBpires: appointed receiver for the subject property owned â€¢ by Dancing Bear Land, LLC, PO Box 1593, Aspen, CO 81612. The Applicant requests an extension until June 30, 2014 of their vested rights to ~dOB .2.9.it9 1 /1/Â«1 8/ Ale L *,tn develop the site with their approved timeshare lodge development plan. The property is legally described as Lots 6,7,8 and 9, Block 3 of the ' '96286\P' Notary Public Eames Addition to the City and Townsite of Aspen. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St. Aspen, CO, (970) *Co,Yunismon EN,Â§00/252013 429-5090. jennifer.phelan@ci.aspen.co.us. s/ Michael C. Ireland. Mavor Aspen City Council Published in the Aspen Times Weekly on Septem- ber 12, 2010. [5539018] ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OFPROPERTY: cOIC\ E (33~.C-.â€¢k~T AvC , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mo# n,:1 9 1 -Scrilt,-,1 412 , 2.00=22 , 0 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, -3-204 N e.# 6, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code in the following manner: J Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. u< Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable. waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the i V"day of S'2,17:ps-Â» 6 '21- , 20@ re, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Lf Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement o f an accurate survey map or other sufficient legal description of, and the notice to and listing ofnames and addresses of owners of real property in the area ofthe proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 10 day of Septâ‚¬+77 der , 100 9-, by 3-6.-,2 0 daf Uer- - WITNESS MY HAND AND OFFICIAL SEAL Â·.0 My commission expires: tolozl zot, f NATALLIA F. i l, KHARKHAL i ~~1~17 1~~ 1<I otar>, I~fgitic////,220/ My Commission Expires 10/02/2011 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: 411 S. MONARCH STREET/219 E. DURANT STREET (DANCING BEAR RESIDENCES, PHASE II) - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 27, 2010, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Weston Capital Corporation as appointed receiver for the subject property owned by Dancing Bear Land, LLC, PO Box 1593, Aspen, CO 81612. The Applicant requests an extension until June 30, 2014 of their vested rights to develop the site with their approved timeshare lodge development plan. The property is legally described as Lots 6,7,8 and 9, Block 3 of the Carnes Addition to the City and Townsite of Aspen For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-5090, jennifer.phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mavor Aspen City Council Published in the Aspen Times on September 12,2010 City of Aspen Account .. MULKEY JOHN IRR TRST ONEAL PROPERTIES LLC PARKER RICHARD C & KAREN S 8913 PLAYERS CLUB Dll 8100 E CAMELBACK RD #31 3029 BAKER MEADOW SE LAS VEGAS, NV 89134 SCOTTSDALE, AZ 85251-2773 ATLANTA, GA 30339 PASCO PROP LLC PAY-ASE PROPERTIES LLC PIECE OF THE PIE LLC SMITH PATRICK A 2200 ROSS AVE # 3838 PO BOX 2492 360 SOUTHFIELD RD DALLAS, TX 75201 ASPEN, CO 81611 BIRMINGHAM, MI 48009 PINES LODGE. CONDO ASSOC PINES LODGE DEVELOPMENT LLC RINGSBY GRAY 152 E DURANT AVE 2353 IRVINE AVE PO BOX 1292 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 HAIKU, III 96708 RLC ASPEN LLC ROARING FORK PROPERTIES ROBLES ENRIQUE ALVAREZ 8911 DURHAM Dll N 9242 SOUTH SHORE DR ALVAREZ CRISTINA POTOMAC, MD 20853 EAST TROY, WI 55120 MONTES URALES 350 LOMAS CHAPULTEPEC IMEXICO DF MEXICO 11000, ROSENFELD EUGENE S & MAXINE SCHAPIRO MARC & PATRICIA SCHAYER CHARLES M Ill M FAM TRUST 1685 TAMARAC DR 2601 S QUEBEC #17 10601 W ILSHIRE BLVD 20 EAST GOLDEN, CO 80401 DENVER, CO 80231 LOS ANGELES, CA 90024 SCHUMACHER JUDY M SHEFFER DOUGLAS & BARBARA SILVERMAN MARC A & MARILYN L 0115 GLEN EAGLES DR PO BOX 2763 937 DALE RD ASPEN, CO 81611 BASALT, CO 81621 MEADOWBROOK, PA 19046 SIMPSON JANET MARIE SKY BLUE LLC 27.60% SMITH FRANK FORD JR & SUNSET COTTAGE ANDREAS 5743 CORSA AVE # 101 KATHARINE LINDSAY ISLE OF MAN UK IM74HE, WESTLAKE VILLAGE, CA 91362 2506 STRATFORD DR AUSTIN, TX 78746 SOUTH POINT CONDO LLC SOUTH POINT CONDOMINIUM SOUTHPOINT-SUMNER CORP 150 N MARKET ASSOCIATION 3940 7TH AVE #212 WICHITA, KS 67202 205 E DURANT AVE #2F SAN DIEGO, CA 92103 ASPEN, CO 81611 SPAULDING RICHARD W & STAPLETON DAVID W STARK RENEE A 11 !OMPSON ELEANOR M 206 E DEAN ST #2A 205 E DURANT AVE APT 1D 200 WHEELER RD 2FL ASPEN, CO 81611 ASPEN, CO 81611-3813 BURLINGTON, MA 01803 STARWOOD ASPEN REALTY LLC STARWOOD VACATION STEINER DONALD R PO BOX 4900 OWNERSHIP BUCKHEAD GRAND SCOTTSDALE, AZ 852614900 9002 SAN MARCO CT 3338 PEACHTREE RD #3307 ORLANDO, FL 32819 ATLANTA, GA 30326 .. GSS MONARCH LLC HATCHER HUGII S HILL EUGENE D 111 & JOAN L 601 E HYMAN AVE 205 E DURANT AVE APT 2E TRUST ASPEN, CO 81611 ASPEN, CO 81611 3310 KINGSLEY CT PEBBLE BEACH, CA 93953 HOLLY TREE INVESTMENTS LLC HORTON KAREN JANE TRUST HOTEL DURANT 4823 HOLLY TREE DR 588 S PONTIAC WAY 122 E DURANT DALLAS, TX 75287 DENVER, CO 80224 ASPEN, CO 81611 IAVARONE GIANFRANCO & RITA ICAHN LIBA IMHOF FAMILY TRUST 341 ORIENTA AV PO BOX 11137 2409 GREEN ST MAMARONECK, NY 10543 ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 IMREM SUE GORDON TRUSTEE J&E HANSEN LLC KAPLAN BARBARA 219 E LAKE SHORE DR #5D C/O EDWARD HANSEN 3076 EDGEWOOD RD CHICAGO, IL 60611 255 SEASPRAY AVE PEPPER PIKE, OH 44124 PALM BEACH, FL 33480 KINGSBURY FAMILY TRUST KULLGREN NANCY A LACY ROANE M JR & ANN PO BOX 198 205 E DURANT AVE UNIT 2-C MINYARD HOLDERNESS, NH 03245 ASPEN, CO 81611 PO BOX 367 WACO, TX 76703-0367 LEVY HELEN JOAN TRUST LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% 421 WARWICK RD 131 E DURANT AVE 24 LINDENWOOD LN KENILWORTH, IL 60043-1145 ASPEN, CO 81611 LITTLETON, CO 80127 LIM ELITE REDEVELOPMENT LLC LOCHHEAD RAYMOND R & EMILIE LU NANCY CHAO TRUST CO GENERAL MANAGEMENT M 38 CORMORANT CIR 1201 GALAPAGO ST #101 200 SHERWOOD RD NEWPORT BEACH, CA 92660 DENVER, CO 80204 PASO ROBLES, CA 93446 IMACDONALD KENNETH HUGH REV MAGES ELIZABETH J 16% MAGES LAWRENCE M & MARY K i'RUST 216 LINDEN AVE 84Â°/0 44 W HANNUM WILMETTE, IL 60091 216 LINDEN AVE SAGINAW, MI 48602 WILMETTE, IL 60091 MARK KENNETH A MCCONNELL THOMAS W & KAY L MCKENZIE BART B & PAIGE 10 KATH CT 3814 OAKHILLS PARAVANO SAYVILLE. NY 11782 BLOOMFIELD HILLS, MI 48301 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MOP LLC MOUNTAIN CHALET ENTERPRISES MULKEY CHRISTOPHER IRR TRST 5348 VEGAS DR INC 8913 PLAYERS CLUB DR LAS VEGAS, NV 89108 C/O RALPH & MARION MELVILLE LAS VEGAS, NV 89134 333 E DURANT AVE ASPEN, CO 81611 .. 205 EAST DU RA N T 1 B L LC ALYEMENI ALICE ASPEN KABINN LLC 205 E DURANT 18 3109 OAKMONT DR C/O NIKE COMM/NINA KAMINER ASPEN, CO 81611 STATESVILLE, NC 28625 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 4 ASV ASPEN STREET OWNER LLC ATTERBURY ANDREW L & BERHORST JERRY & CAROLE ASPEN STREET VENTURE LLC PRENTICE GWYN A 7161 LINDENMERE DR ONE POST OFFICE SQUARE #3520 2001 SHAWNEE MISSION PKY BLOOMFIELD HILLS, MI 48301 BOSTON, MA 02109 SHAWNEE IMISSION, KS 66205 BLUE LLOYD JR BRIGHT GALEN BROADSCOPE PTY LTD PLEAS ALEXA 407 S HUNTER ST #3 CATLOW TRUST PO BOX 1569 ASPEN, CO 81611 223 RIVERTON DR GRAYTON BEACH, FL 32459 SHELLEY AUSTRALILA 6148, CALKINS GEORGE W CHAPLIN ARLENE & WAYNE CHRISPAT ASPEN LLC 105 SCHEROKEE 54 LAGORCE CIR 1107 5TH AVE DENVER, CO 80223-1834 MIAMI BEACH, FL 33141 NEW YORK, NY 10128 CHU FAMILY TRUST CITY OF ASPEN COOPER TWO LLC 38 CORMORANT CIR ATTN FINANCE DEPT 950 HILL RD NEWPORT BEACH, CA 92660 130 S GALENA ST WINNETKA, IL 60093 ASPEN, CO 81611 CROW MARGERY K & PETER D CYS RICHARD L AND KAREN L DANCING BEAR LAND LLC 46103 HIGHWAY 6 &24 5301 CHAMBERLIN AVE PO BOX 1593 GLINWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 ASPEN, CO 81612 DOLINSEK FRANK JR DOLINSEK JOHN DONCER ASPEN LP 619 S MONARCH ST 619 S MONARCH ST 9651 W 196TH ST ASPEN, CO 81611 ASPEN, CO 81611 MOKENA, IL 60448 EVANS DAVID COURTNEY FAULKNER JOHN L FELDMAN SELMA PO BOX 952 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ASPEN, CO 81612 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FIORE MOIRA FREIRICH MARK A GLICKMAN EDWIN C 150 CANTERBURY LN PO BOX 774056 2322 LAZY O RD PALM HEACH, FL 33480 STEAMBOAT SPRINGS, CO 80477 SNOWMASS, CO 81654 GOLDSMITH ADAM D GREINER JERRY M & TERESA U GROOS NICHOLAS D SMITH RONA K 330 BICKLEY RD 210 N INDUSTRIAL PARK RD PO BOX 9069 GLENSIDE, PA 19038 HASTINGS, MI 49058 ASPEN, CO 81612 .. SZYMANSKI WILLIAM R& LYNNE TAROCH HOLDINGS LTD TELEMARK APARTMENT 2 LLC E 315 E HYMAN AVE #305 C/O ANDREW HILL 131 E DURANT AV #409 ASPEN, CO 81611-2909 20351 NE 61ST CT ASPEN, CO 81611 REDMOND, WA 98053 TELEIMARK ASPEN LLC TIIREE REEDS LLC TOWNE PLACE OF ASPEN CONDO 55 SECOND ST 2224 VIA SEVILLE RD NW ASSOC INC COLORADO SPRINGS, CO 80906 ALBUQUERQUE, NM 87104-3096 C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 l'YDEN FAMILY FARMS PTNP VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & 1730 IROQUOIS TR BEVERLY J LIDIA M HASTINGS, MI 49058 PO BOX 189 2000 E 12TH AVE BOX 8 LONE PINE, CA 93545 DENVER, CO 80206 WHITE JALEH WOODING MERRITT B WOODSON TATJANA REV TRUST 1111CKMAN DAVID PO BOX 339 PO BOX 1845 152 E DURANT AVE HOPE, NJ 07844 WILSON, WY 83014 ASPEN, CO 81611-1737 WOW LIFT ONE LLC WUGALTER JOEL XAMASS ASPEN REAL ESTATE LLC 3225 ELK CANYON CIR 131 E DURANT AVE #209 580 CHASWIL DR SEDALIA, CO 80135-8573 ASPEN, CO 81611 CINCINNATI, OH 45255 PUBLIC NOTICE RE: 411 S. MONARCH ST...ASPEN, CO 81611 I Classifieds AspenT... Page 1 of 1 .. advertisement 1 youradheie 1;11' it now Monday, September 13th 40Â° F 1 7-day forecast Contnbute I Advertise I Place a Classified Ad I Archives I E-edition I RSS Feeds I Contact Us I Feedback Site wrch . sponsored by L Search Home News Spons Entertainment Opinion Community Outdoors Photos + Videos Visitors' Guide , Jobs Real Estate Autos Classifieds Classifieds Classifieds BROWSE CLASSIFIEDS I NEWEST FEATURES I FREE ADS I DISCOUNTS I PROOFING 1 SCAMBUSTERS 1 HELP 1 MANAGE ACCOUNT Return to Legals I View All Class,fieds back place classified in this category Legals Legals ASPEN, CO 81611 ' Sep 12,2010 * adid: 5539018 PUBLIC NOTICE RE: 411 S. MONARCH STREET/219 E. DURANT STREET (DANCING BEAR RESIDENCES. PHASE Il) - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 27, 2010, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Councit Chambers, City Hall, 130 S. Gatena St., Aspen, to consider an application submitted by Weston Capital Corporation as appointed receiver for the subject property owned by Dancing Bear Land, LLC, PO Box 1593, Aspen, CO 81612. The Applicant requests an extension until June 30, 2014 of their vested rights to develop the site with their approved timeshare lodge development ptan. The property is legally described as Lots 6,7,8 and 9, Block 3 of the Eames Addition to the City and Townsite of Aspen. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429Â·5090, jennifer. phelan@ct.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Councit Published in the Aspen Times Weekly on September 12, 2010. 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Inc. http://apps.aspentimes.com/utils/c2/app/v2/index.php?do=adDetail&adId==5539018 9/13/2010 .. Jean Coulter From: Jean Coulter Oeanncoulter@gmail.com] Sent: Saturday, September 11, 2010 9:18 AM TO: Jean Coulter Attachments: photo.JPG; ATT00031.txt 1 '% 2.. 4. ./ 5 A 4.. 1 6:., t. 1, $ 34 4 F t â€¢R ... A,4. 27 4 1 0 - 1-9 - .- t; Bp - Ablf,r 70~V If'Â¥,E- . 1,) .%/ - ..... Â¥ 4/J. < . I. B ' 74 g Â· 4/. 1-k - 74Â«~14/.re' #4 - '. -0- -Â£.29., 1 A 41 - -9 7 6~.4 .n-., 44., , Â£/I /U =7 Â»r- 7%47,1.lay = I li Â¥ N ..7 '4 '1.9 2 4 ~. r?y:' . I i/"#Â£'1Mi 2 Â·9 C..0/1 ' -1 -11*'7,~34 1.11 4< 9 ~14 - .1 2,~ J'llill,link . A I. i * -/1 ---Fra. 1. F .m/Amt tt ,. 0. , Â¥ I , ar ... f . - ..1 7 f - *304.01 /fAN 'f)... 12 >% '.,1,/ . 4 k - v W.'. :i 1- 4 I - I L J * 'r ..2 / I .. .7 , 4- ..............1, * 4 . *5 ll.. -'' 4 ..Frvt': 41 ' *j..LAÂ¢. . 4. 2, 4-'-â‚¬ . 4 1 r 7% - 1 11 '- X .. THE CITY OF AspEN Land Use Application Determination of Completeness Date: July 7,2010 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 0036.2010.ASLU -Vested Rights (Dancing Bear Residences) . I am the planner assigned to this case. Cl Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. 1,5Pk Yoy,~2~ -275- (3 )~ENnifer P~!BA, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes____ No-~L_ Subdivision (creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes - No.~h Commercial E.P.F.