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HomeMy WebLinkAboutlanduse case.ts.75 Prospector Rd.0078.2014.ASLU0078 2014 ASLU 0075 PROSPECTOR ROAD TIMESSHARE DCUMENTATION ti7 External Media Located Here M-026520 M-026521 RMMI 0 0 7L.j7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: 0078.2014.ASLU PARCEL ID NUMBERS: UNCLEAR PROJECT ADDRESS: 0075 PROSPECTOR ROAD PLANNER: HILLARY SEMINICK CASE DESCRIPTION: TIMESHARE DOCUMENT RECORDATION REPRESENTATIVE: KATHI BORKHOLDER RITZ CARLTON DEVELOPMENT CO DATE OF FINAL ACTION: 08/29/2014 CLOSED BY: ROBERT GREGOR ON: 06/02/2015 LJ 0 Return To: Kathi Borkholder, Esquire The Ritz -Carlton Development Company, Inc. 6649 Westwood Blvd., 3 Floor Orlando, Florida 32821 RECEPTION#: 615359, 11.11312014 at 02:56:44 PM, 1 OF 16. R $86.00 Doc Code DISCLOSURE Janice K. Vos Caudiii, Pitkin County, CO FOURTH AMENDED AND RESTATED CITY OF ASPEN DISCLOSURE STATEMENT FOR THE RITZ-CARLTON CLUB, ASPEN HIGHLANDS THIS FOURTH AMENDED AND RESTATED CITY OF ASPEN DISCLOSURE STATEMENT FOR THE RITZ-CARLTON CLUB, ASPEN HIGHLANDS dated as of August 29, 2014, is made by THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., a Delaware corporation ("Developer"). RECITALS WHEREAS, Developer, together with its co -declarant, Hines Highlands Limited Partnership, recorded that certain Declaration of Condominium for Aspen Highlands Condominiums (the "Project') on January 11, 2001, at Reception No. 450454 in the office of the Clerk and Recorder of Pitkin County, Colorado (as amended and supplemented, the "Declaration"); WHEREAS, as required by Section 26.590.090.A of the Municipal Code of the City of Aspen, Colorado (the "City Code"), attached as Exhibit E to the Declaration is the Ci1y of Aspen Disclosure Statement for The Ritz -Carlton Club, Aspen Hi lands (the "City Disclosure Statement'), which is required in connection with the marketing and sale of Fractional Ownership Interests in the Tourist Accommodation Units in the Project (each as defined in the Declaration); WHEREAS, Developer is the sole owner and developer of the Tourist Accommodation Units including the respective Fractional Ownership Interests within such Tourist Accommodation Units (excluding the Fractional Ownership Interests sold to date); WHEREAS, pursuant to Section 26.590.090.B.3.a. of the City Code, Developer has the duty to update the City Disclosure Statement and file the same in the office of the Pitkin County Clerk and Recorder; and WHEREAS, Developer desires to amend, restate and update the City Disclosure Statement in its entirety, which update is substantially consistent with, and does not significantly alter, the previously approved and recorded City Disclosure Statement as amended; and, Developer desires to record the same in the office of the Pitkin County Clerk and Recorder in accordance with the City Code. AMENDMENT Exhibit E to the Declaration, Cily of Aspen Disclosure Statement for The Ritz -Carlton Club, Aspen Highlands, is hereby deleted in its entirety and replaced with that certain Fourth Amended and Restated City of Aspen Disclosure Statement for The Ritz -Carlton Club, Aspen Highlands, attached hereto as Exhibit A. 666504-1 • • Executed as of the date first provided above. DEVELOPER: THE RITZ-CARLTON DEVELOPM a Delaware corooration /% / By: _ Name: Title: STATE OF FLORIDA ) ss. COUNTY OF ORANGE ) PANY, INC., The foregoing instrument was acknowledged before me this _2_ day of C,�_I , 2014, by Ralph Lee Cunningham-, as Vice President of The Ritz -Carlton- Development Company, Inc., a Delaware corporation, on behalf of the corporatio , h is personally known to me —or has produced as _ i as identificationl�s�f-. WITNESS my hand and official seal. My commission expires: L C [SEAL] JANET L CO C W C0W/_%8M # EE1206?9 EXPIRE$ DeCN*w 03, 2015 TO AND)ACKNOWLEDGED BY: AegPEN HIG DS C D SSOCIATION, INC. By: Na Mercer itle: President STATE OF F10'� 1&, ) ss. COUNTY OF 1� L Off ) c The foregoing instrument was acknowledged before me this l Sq day of 06�xi L' 2014, by Randy Mercer as President of Aspen Highlands Condominium Association, Inc., a Colorado nonprofit corporation, on behalf of the corporation, he/she is personally known to me or has produced as as identification. WITNESS my hand and official seal. My commission expires: Z [SEAL] JL Notary P�bl c ;.'O "e i, BETTY JO SZELES =� .= Commission # FF 106938 %a Expires April 27, 2018 666504-1 p0 Thn+TmFun lnwnw9ppM5T019 • • APPROVED BY THE PLANNING DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN, COLORADO, PURSUANT TO SECTION 26.590.010.C.19.c. OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASREN, COLORADO By: �%Mf Name: Chris Bendon Title: Ceom�munity Development Director Date: NG►r %--:7, �/f STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged 2014 by Chris Bendon as the Community Department of The City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires. [SEAL] TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20014030017 MY COMMISSION EXPIRES 09/26/2017 666504-1 before me this 11Pday of N "F/r , Development Director of the Community Development , L" rm"(' Notary Public EXHIBIT A FOURTH AMENDED AND RESTATED CITY OF ASPEN DISCLOSURE STATEMENT FOR THE RITZ-CARLTON CLUB, ASPEN HIGHLANDS PITKIN COUNTY, COLORADO See attached. 666504-1 FOURTH AMENDED AND RESTATED CITY OF ASPEN DISCLOSURE STATEMENT FOR THE RITZ-CARLTON CLUB, ASPEN HIGHLANDS PITKIN COUNTY, COLORADO THE CITY OF ASPEN HAS NEITHER PREPARED NOR ISSUED THIS DOCUMENT NOR HAS IT PASSED ON THE MERITS OF THE SUBDIVISION DESCRIBED HEREIN. The following disclosures have been prepared by The Ritz -Carlton Development Company, Inc., in connection with the sale of fractional interests at Aspen Highlands Condominiums which are being marketed as The Ritz -Carlton Club, Aspen Highlands. Definitions "Association" means Aspen Highlands Condominium Association, Inc. "Aspen Code" means the Municipal Code of the City of Aspen, Colorado, as amended. "Aspen Highlands Condominiums" means the mixed -use condominium project, which is comprised of Buildings 4 and 8 located on Lots 4 and 8, in Aspen Highlands Village, Block D. Buildings 4 and 8 currently consists of various commercial units, forty-seven fractional ownership, tourist accommodation units, and twenty-three deed restricted, affordable housing residential units. The Project also includes Building 2 which currently has various commercial units, twenty-six fractional ownership tourist accommodation units and one deed restricted, affordable housing residential unit. "Declaration" means the Declaration of Condominium for Aspen Highlands Condominiums. "Developer' for purposes of the plan of fractional ownership the term "Developer" means The Ritz - Carlton Development Company, Inc. which is the original owner and seller of the tourist accommodation units committed to a plan of fractional ownership. "Development" means the Aspen Highlands Village Planned Unit Development, which Buildings 2, 4 and 8 are located. "Fractional Ownership Interest" means the fractional ownership interest that a purchaser will acquire in a Tourist Accommodation Unit, as more particularly described in the Project Instruments. "Fractional Ownership Resort" means those portions of Aspen Highlands Condominiums marketed and known as The Ritz -Carlton Club, Aspen Highlands and consisting of Tourist Accommodation 665782-2 Units committed to the plan of fractional ownership together with the system of mutual rights and obligations created by the Project Instruments. The Fractional Ownership Resort will involve the sale of fractional ownership interests, which legally constitute timeshare estates under Colorado law and under the Aspen Code. "Owner" means the owner of a Fractional Ownership Interest. "Timeshare Development Instruments" means the documents containing the information described in Aspen Code Section 26.590.010.C.19.c. "Tourist Accommodation Unit" means a residential unit located within Aspen Highlands Condominiums intended to be occupied principally by visitors to Pitkin County including customary on -site management and operation services for visitors. Seventy-three (73) Tourist Accommodation Units have been committed to the plan of fractional ownership. 26.590.090. Disclosure Statement This disclosure statement shall be updated and filed with the City of Aspen pursuant to Section 26.590.090.B.3.of the Aspen Code, as amended. (1) The name and address of the developer of the timeshare development as well as a summary of the developer's business experience, including all background and experience in the development of timeshare development, and the present financial condition of the developer. The Ritz -Carlton Development Company, Inc. 6649 Westwood Boulevard Orlando, FL 32821-6090 The Developer through its executive and management personnel has extensive experience in the development, marketing and management of fractional ownership resorts and in the development, operation and management of resorts throughout the world. The Ritz -Carlton Club, Aspen Highlands is one of the first luxury tier, fractional ownership resort clubs presented by the Developer. The Developer is a wholly owned subsidiary of Marriott Ownership Resorts, Inc., an experienced developer of fractional ownership and timesharing resorts. The Developer's principal office is 6649 Westwood Boulevard, 3d Floor, Orlando, Florida 32821-6090. The Ritz -Carlton Development Company, Inc. and its affiliates independently own and manage The Ritz -Carlton Club program. The programs and products provided under The Ritz -Carlton Club brand are owned, developed, and sold by The Ritz -Carlton Development Company, Inc. and its affiliates, not by The Ritz -Carlton Hotel Company, L.L.C. or any of its affiliates. The Ritz -Carlton Development Company, Inc. and its affiliates are independent entities from and not affiliates of The 665782-2 2 Ritz -Carlton Hotel Company, L.L.C. The Ritz -Carlton Development Company, Inc. and its affiliates use The Ritz -Carlton marks under license from The Ritz -Carlton Hotel Company, L.L.C., and the right to use such marks shall cease if such license expires or is revoked or terminated. The Ritz - Carlton Hotel Company, L.L.C. and its affiliates make no representations, warranties, or guaranties, express or implied, with respect to the information contained in any offering documents or with respect to The Ritz -Carlton Club program. (2) The name and address of the manager/management company for the development, if any, and a description of the manager's/management company's responsibilities, powers, duties, authority and business experience. All information on the manager's background and experience specifically related to timeshare development shall be provided. Manager: The property is managed by The Ritz -Carlton Management Company, L.L.C, an affiliate of the Developer, pursuant to a management contract with the Association. The business address of the managing entity is as follows: Business Address: 6649 Westwood Blvd., Yd Floor Orlando, FL 32821-6049 Under an agreement with the Association, The Ritz -Carlton Management Company, L.L.C. is responsible for all operations of the tourist accommodation units committed to the plan of fractional ownership. It has delegated its on -site management responsibilities to The Ritz -Carlton Hotel Company, Inc., by means of an on -site agreement. It may also delegate a portion of its management responsibilities to other third parties. The individuals in charge of the operation of the management company have been managing timeshare resorts for more than 30 years. The Cobalt Travel Company, LLC, an affiliate of the Developer (the "Program Manager"), is responsible for the operation of The Ritz -Carlton Club Membership Program ("Membership Program"). The Membership Program is a combination of benefits and services including reservation and exchange services for members of The Ritz -Carlton Club. The business address of the Program Manager is as follows: The Cobalt Travel Company, LLC, f/k/a The Ritz -Carlton Travel Company, L.L.C. 6649 Westwood Boulevard, Yd Floor Orlando, Florida 32821-6090 665782-2 3 0 0 (3) The names and addresses of the marketing entity and the listing broker and a statement of whether there are any lawsuits pending or investigations that have been undertaken against the marketing entity or listing broker, and ifso, a description of the status or disposition ofsaid lawsuits or investigations. A summary of the marketing entity's business experience including all background and experience related to timeshare development. Marketing is conducted by the Developer, The Ritz -Carlton Development Company, Inc., which is licensed in the State of Colorado. Marketing is conducted utilizing licensed, cooperating brokers. Sales personnel employed by licensed brokerage companies are licensed as required by the State of Colorado and by any other states in which licensing is required. The individuals in charge of the marketing activities for The Ritz -Carlton Development Company, Inc. have timeshare marketing experience in excess of 30 years. On December 12, 2012, Developer, The Ritz Carlton Management Co., L.L.C. ("RCMC"), Marriott Vacations Worldwide Corporation ("MVWC") (the ultimate parent company of Developer and RCMC), certain of MV WC's other subsidiaries, and an entity that is not a subsidiary of MV WC, were named as defendants ("Defendants") in a proposed class action filed by two plaintiffs ("Plaintiffs") in the United States District Court for the District Court of Minnesota, Case No. 12- 3093 . Plaintiffs claim that changes to The Ritz Carlton Club program in 2009 and thereafter caused an actionable decrease in value of the fractions purchased by Plaintiffs. These changes included the launch of The Ritz Carlton Destination Club ("RCDC") program, elimination of two properties from the Membership Program and the announced affiliation of RCDC with Marriott Vacation Club Destinations. The relief sought includes, among other things, a request for unspecified damages, restitution, and disgorgement of profits from sales of fractional interests. If (1) the class requested by Plaintiffs were certified, (2) a substantial majority of class members opted to participate in the case, and (3) the bulk of the relief requested were in fact granted to the class, an adverse judgment could be material to the Condominium, Developer, RCMC and their financial ability to perform under the Condominium. As of the date of this submission, none of these events has occurred in the litigation. The Defendants strongly dispute the allegations in the Plaintiffs' complaint and intend to vigorously defend against this action. On March 27, 2014, Marriott Vacations Worldwide Corporation ("MVWC") (the ultimate parent company of Developer), and certain of MVWC's other subsidiaries were named as defendants ("Defendants") in a proposed class action filed by plaintiff ("Plaintiff') in the Circuit Court for the Ninth Judicial Circuit, Orange County, Florida. Plaintiff claims that the introduction of the Marriott Vacation Club Destinations Multisite Timeshare Plan in 2010 ("Multisite Timeshare Plan") caused an actionable decrease in value of the single site timeshare week previously purchased by Plaintiff. Plaintiff alleges that, among other consequences, the Multisite Timeshare Plan has reduced the number of weeks available for exchange. The relief sought includes, among other things, a request for unspecified actual and statutory damages, declaratory and injunctive remedies. If (1) the class requested by Plaintiff was certified, (2) a substantial majority of class members opted to participate 665782-2 4 in the case, and (3) the bulk of the relief requested was in fact granted to the class, an adverse judgment could be material to the Condominium, Developer and its financial ability to perform under the Condominium. As of the date of this submission, none of these events has occurred in the litigation. The Defendants strongly dispute the allegations in the Plaintiff's complaint and intend to vigorously defend against this action. (4) A description of the timeshare units, including the developer's schedule for completion of all buildings, units, and amenities, with dates of availability. Building 8 currently consisting of forty-five two and three -bedroom Tourist Accommodation Units and Building 4 currently consisting of two three -bedroom Tourist Accommodation Units are complete. Aspen Highlands Condominiums Building 2, currently consisting of ten two -bedrooms and sixteen three -bedroom Tourist Accommodation Units, has also been completed. All Tourist Accommodation units committed to the plan of fractional ownership are fully furnished. Owners of Fractional Ownership Interests will have the non-exclusive right to use one parking stall and one ski storage unit area while in residence as well as long term storage. The following is a list of amenities: • Reception and Lobby Areas located in Buildings 2 and 8 • Members' Lounges located in Buildings 2 and 8 • Members' Ski and Boot Lockers for use while in residence • Swimming Pool • Outdoor Jetted Spas (one adjacent to Building 8; one adjacent to Building 2) • Underground garage parking • Long term storage for Owners' personal effects subject to space limitations The Resort is affiliated with The Ritz -Carlton Club Membership Program ("Program"). The health club facility located in Building 8, in commercial unit C-8012, previously owned by the Developer, was transferred by the Developer to the Association by deed dated January 1, 2012. Any privileges available to owners of Fractional Interests at the health club, and any fees related thereto shall be determined by the Association, or its successors or assigns. There is no assurance that the health club will be available for use by owners of Fractional Interests. (S) If the timeshare plan consists of a condominium or a similar form of ownership, a description of the development and any pertinent provisions of the condominium instruments. Aspen Highlands Condominiums is a mixed -use condominium project that includes three buildings. The buildings include tourist accommodation residential units permitting short term occupancy, deed restricted residential units permitting permanent occupancy to owners or tenants as well as commercial units permitting retail and other commercial operations. Buildings 2, 4 and 8 are 665782-2 5 subjected to the provisions of the Declaration of Condominium for Aspen Highlands Condominiums. All Tourist Accommodation Units within Buildings 2, 4 and 8 have been committed to the plan of fractional ownership. From and after the date that the Developer first conveys a fractional ownership interest in a Tourist Accommodation Unit to an unaffiliated third -party purchaser thereof, no whole ownership interest in any Tourist Accommodation Unit in the same building will be sold to an unaffiliated third -party purchaser so long as required by applicable governmental regulation. Notwithstanding the foregoing, deed -restricted whole ownership, residential units are included in each of the buildings. Article 23 of the Declaration contains the pertinent provisions for the creation and operation of the plan of fractional ownership as a part of the Development. There are commercial condominium units in each of the three buildings (Buildings 2, 4 and 8). There is no assurance that specific tenants will occupy any commercial units or that once occupied such tenants will continue to occupy such units. (6) Any restraints on the transfer of the purchaser's interest in the timeshare units or plan. The resale of Fractional Ownership Interests by individual owners is subject to a right of first refusal as provided in the Declaration, as amended. (7) The timeshare use plan, which shall include a description of the rights and responsibilities under the plan. Owners will receive a deed for a fractional fee ownership interest in a particular condominium unit and will own an undivided deeded interest in the common elements as governed by the Association. Each deeded interest will be recorded and will be insured by a title insurance policy. All furnishings in units committed to the plan of fractional ownership will be owned by the Association as limited common elements for the benefit of each Owner of a fractional ownership interest. The undivided fee ownership interests in the individual Tourist Accommodation Units will legally constitute timeshare estates under Colorado law. Each Fractional Ownership Interest will include membership in an owners' association. A membership will carry with it the right to reserve and use a Tourist Accommodation Unit of the type purchased for a minimum number of days per year subject to compliance with the reservation policies adopted by the manager of the Membership Program, with additional use based on availability. Each member owning an undivided fractional interest will be entitled to use of a Tourist Accommodation Unit each year in accordance with the reservation procedures. Each Owner of a 665782-2 6 Fractional Ownership Interest must own a minimum of an undivided 2/48ths fee ownership interest in a Tourist Accommodation Unit. Each undivided 1 /48 h fee ownership interest includes the right to use a Tourist Accommodation Unit for 7 days/nights per year in accordance with the Reservation Procedures adopted from time to time by the manager of the Membership Program. The developer is marketing undivided 1/12`h interests allowing use for a total of 28 days/nights per year. Each owner will own an undivided fractional interest in a Tourist Accommodation Unit allowing the owner to utilize the residences in accordance with the reservation procedures. Depending on the magnitude of the interest owned an Owner will be able to reserve a specific amount of time in a residence during the winter, summer, and off-season months in accordance with the reservation procedures. Owners will also be able to reserve additional usage (referred to as Space Available usage) beyond that which they have purchased. Units that have not otherwise been reserved thirty days prior to the start of the usage period will be available to be reserved by Owners on a first come, first served basis without regard to the type of unit in which the Owner owns a fractional interest. A member owning an undivided interest in a two bedroom unit will be entitled to reserve use of a two bedroom unit and a member owning an undivided interest in a three bedroom unit will be entitled to reserve use of a three bedroom unit. The Association reserves the right to develop reservation procedures that will allow expanded reservation rights between different types of Tourist Accommodation Units in order to enhance utilization of the resort through the plan of fractional ownership. The memberships described below are currently being offered: Multiple Season 14 consecutive days of use each winter Membership —Winter 7 consecutive days of use each summer Package 7 days of floating use during other available time periods Multiple Season Membership —Summer Package Preferred Season Membership -Winter Package Preferred Season Membership -Summer Package 14 consecutive days of use each summer 7 consecutive days of use each winter 7 days of floating use during other available time periods 21 consecutive days of use each winter 7 days of floating use during other available time periods 21 consecutive days of use each summer 7 days of floating use during other available time periods 665782-2 7 0 • Fixed Week Membership 3 Fixed Weeks (as defined in the Use Restrictions for Units TA-2207, TA- 2305, TA-2312, TA-2401, TA-2408 and TA-2410, Aspen Highlands Condominiums, and as defined in the Use Restrictions for Units TA-2303 and TA-2304, Aspen Highlands Condominiums) 7 days of floating use during other available time periods (8) Notice of any liens, title defects or encumbrances on or affecting the title to the units or plan and, if there are encumbrances or liens, a statement as to whether, when and how they will be removed. Developer has access to a revolving credit facility (the "Credit Facility") for the purpose of supplementing its operating capital. The Credit Facility is secured by a mortgage that encumbers Developer's unsold timeshare inventory, the lien of which against any unsold timeshare interest is released prior to the closing of the sale of such timeshare interest. Title to all timeshare interests is conveyed free and clear of the mortgage that secures the Credit Facility. (9) Notice of any pending or anticipated legal actions that are material to the timeshare units or plan of which the Applicant has, or should have, knowledge. On December 12, 2012, Developer, The Ritz Carlton Management Co., L.L.C. ("RCMC"), Marriott Vacations Worldwide Corporation ("MVWC") (the ultimate parent company of Developer and RCMC), certain of MVWC's other subsidiaries, and an entity that is not a subsidiary of MVWC, were named as defendants ("Defendants") in a proposed class action filed by two plaintiffs ("Plaintiffs") in the United States District Court for the District Court of Minnesota, Case No. 12- 3093 . Plaintiffs claim that changes to The Ritz Carlton Club program in 2009 and thereafter caused an actionable decrease in value of the fractions purchased by Plaintiffs. These changes included the launch of The Ritz Carlton Destination Club ("RCDC") program, elimination of two properties from the Membership Program and the announced affiliation of RCDC with Marriott Vacation Club Destinations. The relief sought includes, among other things, a request for unspecified damages, restitution, and disgorgement of profits from sales of fractional interests. If (1) the class requested by Plaintiffs were certified, (2) a substantial majority of class members opted to participate in the case, and (3) the bulk of the relief requested were in fact granted to the class, an adverse judgment could be material to the Condominium, Developer, RCMC and their financial ability to perform under the Condominium. As of the date of this submission, none of these events has occurred in the litigation. The Defendants strongly dispute the allegations in the Plaintiffs' complaint and intend to vigorously defend against this action. On March 27, 2014, Marriott Vacations Worldwide Corporation ("MVWC") (the ultimate parent company of Developer), and certain of MVWC's other subsidiaries were named as defendants ("Defendants") in a proposed class action filed by plaintiff ("Plaintiff') in the Circuit Court for the Ninth Judicial Circuit, Orange County, Florida. Plaintiff claims that the introduction of the Marriott Vacation Club Destinations Multisite Timeshare Plan in 2010 ("Multisite Timeshare Plan") caused 665782-2 8 an actionable decrease in value of the single site timeshare week previously purchased by Plaintiff. Plaintiff alleges that, among other consequences, the Multisite Timeshare Plan has reduced the number of weeks available for exchange. The relief sought includes, among other things, a request for unspecified actual and statutory damages, declaratory and injunctive remedies. If (1) the class requested by Plaintiff was certified, (2) a substantial majority of class members opted to participate in the case, and (3) the bulk of the relief requested was in fact granted to the class, an adverse judgment could be material to the Condominium, Developer and its financial ability to perform under the Condominium. As of the date of this submission, none of these events has occurred in the litigation. The Defendants strongly dispute the allegations in the Plaintiff's complaint and intend to vigorously defend against this action. (10) The total financial obligation of the purchaser, which shall include the initial price and any additional charges to which the purchaser may be subject in purchasing the unit. Purchasers will be obligated to pay the purchase price of the Fractional Ownership Interest at the time of closing. In addition, purchasers will be obligated to pay periodic assessments to cover the cost of operations including maintenance, utilities, repair and replacement of the property. Purchasers will also be responsible for paying real estate taxes and fees for participation in The Ritz Carlton Club Membership Program. (11) An estimate of the dues, maintenance fees, real property taxes, sales taxes, real estate transfer tax and similar periodic expenses, and the method or formula by which they are derived and apportioned, which shall include whether maintenance fees are determined by unit, time of year, or pro -rated share of the overall maintenance costs, or any other means utilized to compute maintenance fees. Please refer to the annual budget for Aspen Highlands Condominiums. Assessments will be apportioned consistent with the Declaration of Condominium for Aspen Highlands Condominiums. (12) A statement demonstrating the manner in which management/assessment fees will be held, utilized and accounted for. Assessments and reserve funds for the Association are deposited into separate accounts controlled by the management company and will not be commingled by the management company with other funds held by the management company for the benefit of other unrelated owners associations. Reserve funds are maintained separate from operational funds. The management company must account for receipt and disbursement of association funds. (13) A description of any financing offered by the applicant. 665782-2 9 0 • Developer is currently not offering financing to purchasers in connection with the purchase of Fractional Interests. In the event that Developer elects to make financing available to qualified purchasers, such financing will be on the following terms: • Interest rate offered by Seller will be prevailing market rates for comparable financing transactions. • Up to 20-year term. • Monthly payments of principal and interest. • Financing for up to 90% of the purchase price. • Non -assumable. These rates and terms are subject to change without notice. (14) The terms and significant limitations of any warranties provided, including statutory warranties and limitations on the enforcement thereof or on damages. The Developer is not the general contractor of Aspen Highlands Condominiums; however, the Developer has provided the same warranty to purchasers as it received from the general contractor. (15) A statement that the proposed development will comply with all applicable requirements of Title 12, Article 61, C.R.S. Upon request from the city, the applicant shall provide a copy of the documents submitted to the State of Colorado for the registration and certification of the timeshare developer. The Fractional Ownership Resort will comply with all applicable requirements of Title 12, Article 61, C.R.S. (16) The extent to which a timeshare unit may become subject to a tax or other lien arising out of claims against other timeshare owners of the same timeshare unit. Fractional ownership interests are timeshare estates under Colorado law and as such are separate interests in real property. As such, a fractional interest owned by one owner will not be subject to liens arising out of claims against other owners. (17) The minimum percentage of units the developer will require to be sold before the developer will proceed with the completion of the timeshare development. The Fractional Ownership Resort is complete. (18) A description of the maintenance to be supplied to the timeshare development, including how and when such maintenance will be provided. 10 665782-2 • 0 See Timeshare Development Instruments. Four weeks will be available for maintenance each year as determined by the Association. (19) Whether any or all the units in the proposed development will be available for participation in an exchange program. The applicant shall disclose which exchange program(s) the timeshare estate owners will be eligible to utilize. All Tourist Accommodation Units have been committed to the plan of fractional ownership and will participate in The Ritz -Carlton Club Membership Program. Owners of Fractional Ownership Interests may, if they choose to do so, also enroll with The Lion & Crown Travel Co., LLC ("Lion & Crown"), an affiliate of the Developer, and participate in the Lion & Crown Exchange Program (the "L&C Exchange Program"). Pursuant to an Affiliation Agreement between Marriott Resorts, Travel Company, Inc. ("MRTC") and Lion & Crown (the "Affiliation Agreement"), the L&C Exchange Program is affiliated with an exchange program established by MRTC which provides benefits and services known as Marriott Vacation Club Destinations Exchange Program (the "MVCD Program"). Through the Affiliation Agreement, (i) each member of the L&C Program who elects to participate in the MVCD Program ("Participating L&C Member") shall have the right to participate in the MVCD Program and make use of the MVCD accommodations that are part of the MVCD Program in accordance with the terms of the Affiliation Agreement and the Marriott Vacation Club Destinations Exchange Program Exchange Procedures ("Exchange Procedures"); and (ii) members in the MVCD Program ("MVCD Member") shall have the ability to make use of those L&C Accommodations that are committed to the MVCD Program by Lion & Crown or a Participating L&C Member (including any Fractional Ownership Interests deposited by Owners of Fractional Ownership Interests (including the Developer). (20) A description of all insurance covering the property. Insurance coverage will be consistent with the Declaration and Association Bylaws. This includes general liability and casualty/property damage insurance. In addition, fidelity insurance will be provided for management personnel responsible for handling funds of the Association. (21) A description of the on -site amenities and recreational facilities which are available for use by the unit owners. All on -site amenities shall be owned by the homeowner's association and the developer shall not be allowed to charge any additional fees for use of the amenities. If there are any off -site facilities that are related to the property, these shall also be described, including a summary of any fees that timeshare owners would have to pay to use those off -site facilities. Building 8: On -site amenities include an outdoor pool, outdoor hot tub, members' lounge, television/game room, and business center. Amenities are also limited common elements of the Tourist Accommodation Units. Some of these amenities may also be used by owners of single family lots, townhomes, and any wholly owned tourist accommodation units within Aspen Highlands 665782-2 11 0 Village. Building 2: On -site amenities include an outdoor hot tub, outdoor pool, and members' lounge. Amenities are limited common elements of the Tourist Accommodation Units. A health club located within Building 8 in commercial unit C-8012, previously owned by the Developer, was transferred by the Developer to the Association. Any privileges available to Owners at the health club, and any fees related thereto shall be determined by the Association, or its successors or assigns. There is no assurance that the health club will be available for use by Owners of Fractional Ownership Interests. No additional amenities are promised. (22) A statement that any timeshare interest shall be expressly subject to all requirements and representations set forth in the disclosure statement. Each Fractional Ownership Interest shall be expressly subject to all requirements and representations set forth in this disclosure statement (23) For any timeshare development that is a conversion of an existing project, a statement shall be provided by the developer, based on a repost prepared by an independent architect or engineer, licensed by the State of Colorado, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the timeshare units. The statement shall also provide a list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. Not applicable. 665782-2 12 RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 5 OF 22, Janice K. Vos Caudill 0tkin County, CO • THIRD AMENDED AND RESTATED CITY OF ASPEN DISCLOSURE STATEMENT FOR THE RITZ-CARLTON CLUB, ASPEN HIGHLANDS PITKIN COUNTY, COLORADO THE CITY OF ASPEN HAS NEITHER PREPARED NOR ISSUED THIS DOCUMENT NOR HAS IT PASSED ON THE MERITS OF THE SUBDIVISION DESCRIBED HEREIN. The following disclosures have been prepared by The Ritz -Carlton Development Company, Inc., in connection with the sale of fractional interests at Aspen Highlands Condominiums which are being marketed as The Ritz -Carlton Club, Aspen Highlands. Defmitions "Association' means Aspen Highlands Condominium Association, Inc. "Aspen Code" means the Municipal Code of the City of Aspen, Colorado, as amended. "Aspen Highlands Condominiums" means the mixed -use condominium project, which is comprised of Buildings 4 and 8 located on Lots 4 and 8, in Aspen Highlands Village, Block D. Buildings 4 and 8 currently consists of various commercial units, forty-seven fractional ownership, tourist accommodation units, and twenty-three deed restricted, affordable housing residential units. The Project also includes Building 2 which currently has various commercial units, twenty-six fractional ownership tourist accommodation units and one deed restricted, affordable housing residential unit. "Declaration" means the Declaration of Condominium for Aspen Highlands Condominiums. "Developer" for purposes of the plan of fractional ownership the term "Developer" means The Ritz - Carlton Development Company, Inc. which is the owner and seller of the tourist accommodation units committed to a plan of fractional ownership. "Development" means the Aspen Highlands Village Planned Unit Development, which Buildings 2, 4 and 8 are located. —Fractional Ownership Interest" means the fractional ownership interest that a purchaser will acquire in a Tourist Accommodation Unit, as more particularly described in the Project Instruments. "Fractional Ownership Resort" means those portions of Aspen Highlands Condominiums marketed and known as The Ritz -Carlton Club, Aspen Highlands and consisting of Tourist Accommodation Units committed to the plan of fractional ownership together with the system of mutual rights and RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 6 OF 22, Janice K. Vos Caudil0itkin County, CO • obligations created by the Project Instruments. The Fractional Ownership Resort will involve the sale of fractional ownership interests, which legally constitute timeshare estates under Colorado law and under the Aspen Code. "Owner" means the owner of a Fractional Ownership Interest. "Timeshare Development Instruments" means the documents containing the information described in Aspen Code Section 26.590.01 O.C.19.c. "Tourist Accommodation Unit" means a residential unit located within Aspen Highlands Condominiums intended to be occupied principally by visitors to Pitkin County including customary on -site management and operation services for visitors. Seventy-three (73) Tourist Accommodation Units have been committed to the plan of fractional ownership. 26.590.090. Disclosure Statement This disclosure statement shall be updated and filed with the City of Aspen pursuant to Section 26.590.090. of the Aspen Code, as amended. (1) The name and address of the developer of the timeshare development as well as a summary of the developer's business experience, including all background and experience in the development of timeshare development, and the present financial condition of the developer. The Ritz -Carlton Development Company, Inc. 419 East Hyman Street Aspen, CO 81612 fhe Developer through its executive and management personnel has extensive experience in the development, marketing and management of fractional ownership resorts and in the development, operation and management of luxury hotels and resorts throughout the world. The Ritz -Carlton Club, Aspen Highlands is one of the first luxury tier, fractional ownership resort clubs presented by the Developer in the world. The Developer is a wholly owned subsidiary of Marriott Ownership Resorts, Inc., an experienced developer of fractional ownership and timesharing resorts. The Developer's principal office is 6649 Westwood Boulevard, and Floor, Orlando, Florida 32821-6090. Marriott Ownership Resorts, Inc. is a wholly -owned subsidiary of Marriott International, Inc., a well respected publicly owned corporation headquartered in Bethesda, Maryland active among other things in the development, marketing and management of hotel, resort, hospitality and other leisure and residential properties providing both short and long term accommodations for residents and guests. (2) The name and address ofthe manager/management companyfor the development, ifany, and a description of the manager's/managemeni company's responsibilities, powers, duties, authority RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 7 OF 22, Janice K. Vos Caudill* tkin County, CO • and business experience. All information on the manager's background and experience specifically related to timeshare development shall be provided. Manager: The Tourist Accommodation Units committed to the plan of fractional ownership will be managed by three companies that are affiliates of the Developer. The Ritz -Carlton Management Company, L.L.C. 419 East Hyman Street Aspen, CO 81612 Under an agreement with the Association. The Ritz -Carlton Management Company, L.L.C. is responsible for all operations ofthe tourist accommodation units committed to the plan of fractional ownership. It has delegated its on -site management responsibilities to The Ritz -Carlton Hotel Company, Inc., by means of an on -site agreement. It may also delegate a portion of its management responsibilities to other third parties. The individuals in charge of the operation of the management company have been managing timeshare resorts for more than 30 years. The Cobalt Travel Company, LLC, f/k/a The Ritz -Carlton Travel Company, L.L.C. 6649 Westwood Boulevard, 3`d Floor Orlando, Florida 32821-6090 The Cobalt Travel Company, LLC is responsible for the operation of The Ritz -Carlton Club Membership Program ("Membership Program"). The Membership Program is a combination of benefits and services including reservation and exchange services for members of The Ritz -Carlton Club. (3) The names and addresses ofthe marketing entity and the listing broker and a statement of whether there are any lawsuits pending or investigations that have been undertaken against the marketing entity or listing broker, and ifso, a description ofthe status or disposition ofsaid lawsuits or investigations. A summary ofthe marketing entity's business experience including all background and experience related to timeshare development. Marketing is conducted by The Ritz -Carlton Sales Company, Inc., an affiliate of Developer which is licensed in the State of Colorado. Marketing is conducted utilizing licensed, cooperating brokers. Sales personnel employed by licensed brokerage companies are licensed as required by the State of Colorado and by any other states in which licensing is required. The individuals in charge of the marketing activities for The Ritz -Carlton Sales Company, Inc. have timeshare marketing experience in excess of 30 years. (4) A description ofthe timeshare units, including the developer's schedule forcompletion ofall buildings, units, and amenities, with dates of availability. RECEPTION$: 544458, 11/29/2007 at 09:36:16 AM, 8 OF 22, Janice K. Vos Caudillo tkin County, CO • Building 8 currently consisting of forty-five two and three -bedroom Tourist Accommodation Units and Building 4 currently consisting of two three -bedroom Tourist Accommodation Units are complete. Aspen Highlands Condominiums Building 2, currently consisting of ten two -bedrooms and sixteen three -bedroom Tourist Accommodation Units, has also been completed. All Tourist Accommodation units committed to the plan of fractional ownership will be fully furnished. Owners of Fractional Ownership Interests will have the non-exclusive right to use one parking stall and one ski storage unit area while in residence as well as long term storage. The following is a list of amenities: • Reception and Lobby Areas located in Buildings 2 and 8 • Members' Lounges located in Buildings 2 and 8 • Members' Ski and Boot Lockers for use while in residence • Swimming Pool • Outdoor Jetted Spas (one adjacent to Building 8: one adjacent to Building 2) • Underground garage parking • Lung term storage for Owners' personal ellects subject to space limitations The Resort is affiliated with The Ritz -Carlton Club Membership Program. As members in the program owners have the right to use a health club facility located in Building 8, which is not a limited common element owned by the owners but is separately owned and operated by the Developer subject to costs for such use being included in the Club dues. Memberships for non — owners may be permitted in the health club. There is no assurance that the health club will continue to be operated or available into the future. (5) If the timeshare plan consists ofa condominium or a similarform of ownership, a description of the development and any pertinent provisions of the condominium instruments. Aspen I lighlands Condominiums is a mixed -use condominium project that includes three buildings. The buildings include tourist accommodation residential units permitting short term occupancy, deed restricted residential units permitting permanent occupancy to owners or tenants as well as commercial units permitting retail and other commercial operations. Buildings 2, 4 and 8 are subjected to the provisions of the Declaration of Condominium for Aspen Highlands Condominiums. All Tourist Accommodation Units within Buildings 2,4 and 8 have been committed to the plan of fractional ownership. RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 9 OF 22, Janice K. Vos Caudill 0tkin County, CO • From and after the date that the Developer first conveys a fractional ownership interest in a Tourist Accommodation Unit to an unaffiliated third -party purchaser thereof, no whole ownership interest in any Tourist Accommodation Unit in the same building will be sold to an unaffiliated third -party purchaser so long as required by applicable governmental regulation. Notwithstanding the foregoing, deed -restricted whole ownership, residential units are included in each of the buildings. Article 23 of the Declaration contains the pertinent provisions for the creation and operation of the plan of fractional ownership as a part of the Development. There are commercial condominium units in each of the three buildings (Buildings 2, 4 and 8). There is no assurance that specific tenants will occupy any commercial units or that once occupied such tenants will continue to occupy such units. (6) Any restraints on the transfer of the purchaser's interest in the timeshare units or plan. The resale of Residence Interests by individual owners is subject to a right of first refusal as provided in the Declaration, as amended. (7) The timeshare use plan, which shall include a description of the rights and responsibilities under the plan. Owners will receive a deed for a fractional fee ownership interest in a particular condominium unit and will own an undivided deeded interest in the common elements as governed by the Association. Lach deeded interest will be recorded and will be insured by a title insurance policy. All furnishings in units commined to the plan of fractional ownership will be owned by the Association as limited common elements for the benefit of each Owner of a fractional ownership interest. The undivided fee ownership interests in the individual Tourist Accommodation Units will legally constitute timeshare estates under Colorado law. Each Fractional Ownership Interest will include membership in an owners' association. A membership will carry with it the right to reserve and use a Tourist Accommodation Unit of the type purchased for a minimum number of days per year subject to compliance with the reservation policies adopted by the manager of the Membership Program, with additional use based on availability. Each member owning an undivided fractional interest will be entitled to use of a Tourist Accommodation Unit each year in accordance with the reservation procedures. Each Owner of a Fractional Interest must own a minimum of an undivided 2/48ths fee ownership interest in a Tourist Accommodation Unit. Each undivided 1/48'h fee ownership interest includes the right to use a Tourist Accommodation Unit for 7 days/nights per year in accordance with the Reservation Procedures adopted from time to time by the manager of the Membership Program. The developer is marketing undivided 1/12'h interests allowing use for a total of 28 days/nights per year. RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 10 OF 22, Janice K. Vos Caudil0itkin County, CO . Each owner will own an undivided fractional interest in a Tourist Accommodation Unit allowing the owner to utilize the residences in accordance with the reservation procedures. Depending on the magnitude of the interest owned an Owner will be able to reserve a specific amount of time in a residence during the winter, summer, and off-season months in accordance with the reservation procedures. Owners will also be able to reserve additional usage (referred to as Space Available usage) beyond that which they have purchased. Units that have not otherwise been reserved thirty days prior to the start of the usage period will be available to be reserved by Owners on a first come, first served basis without regard to the type of unit in which the Owner owns a fractional interest. A member owning an undivided interest in a two bedroom unit will be entitled to reserve use of a two bedroom unit and a member owning an undivided interest in a three bedroom unit will be entitled to reserve use of a three bedroom unit. The Association reserves the right to develop reservation procedures that will allow expanded reservation rights between different types of Tourist Accommodation Units in order to enhance utilization of the resort through the plan of fractional ownership. The memberships described below are currently being offered: Multiple Season Membership --Winter Package Multiple Season Membership —Summer Package Preferred Season Membership -Winter Package Preferred Season Membership -Summer Package 14 consecutive days of use each winter 7 consecutive days of use each summer 7 days of floating use during other available time periods 14 consecutive days of use each summer 7 consecutive days of use each winter 7 days of floating use during other available time periods 21 consecutive days of use each winter 7 days of floating use during other available time periods 21 consecutive days of use each summer 7 days of floating use during other available time periods Fixed Week Membership 3 Fixed Weeks (as defined in the Use Restrictions for Units TA-2207, TA- 2305, TA-2312, TA-2401, TA-2408 and TA-2410, Aspen Highlands Condominiums, and as defined in the Use Restrictions for Units TA-2303 and TA-2304, Aspen Highlands Condominiums) 7 days of floating use during other available time periods RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 11 OF 22, Janice K. Vos Caudil* tkin County, CO • (8) Notice ojany liens, title defects or encumbrances on or affecting the title to the units or plan and, if there are encumbrances or liens, a statement as to whether, when and how they will be removed. There are no liens, title defects or encumbrances adversely and materially affecting marketable title to the units or the plan of fractional ownership. (9) Notice of any pending or anticipated legal actions that are material to the timeshare units or plan of which the Applicant has, or should have, knowledge. The Developer currently knows of no such pending or anticipated legal actions. (10) The total financial obligation of the purchaser, which shall include the initial price and any additional charges to which the purchaser may be subject in purchasing the unit. Purchasers will be obligated to pay the purchase price of the Residence Interest at the time of closing. In addition, purchasers will be obligated to pay periodic assessments to cover the cost of operations including maintenance, utilities, repair and replacement of the property. Purchasers will also be responsible for paying real estate taxes and fees for participation in The Ritz Carlton Club Membership Program. (11) An estimate of the dues, maintenance fees, real property taxes, sales taxes, real estate transfer tax and similar periodic expenses, and the method or formula by which they -are derived and apportioned, which shall include whether maintenance fees are determined by unit, time ofyear, or pro -rated share of the overall maintenance costs, or any other means utilized to compute maintenance fees. Please refer to the annual budget for Aspen Highlands Condominiums. Assessments will be apportioned consistent with the Declaration of Condominium for Aspen Highlands Condominiums. (12) A statement demonstrating the manner in which management/assessment fees will be held, utilized and accounted for. Assessments and reserve funds for the Association are deposited into separate accounts controlled by the management company and will not be commingled by the management company with other funds held by the management company for the benefit of other unrelated owners associations. Reserve funds are maintained separate from operational funds. The management company must account for receipt and disbursement of association funds. RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 12 OF 22, Janice K. Vos Caudill 0tkin County, CO 0 (13) A description of any financing offered by the applicant. Financing is available to qualified purchasers on the following terms: • Interest rate offered by Seller will be prevailing market rates for comparable financing transactions. • Up to 20-year term. • Monthly payments of principal and interest. • Financing for up to 90% of the purchase price. • Non -assumable. These rates and terms are subject to change without notice. (14) The terms and significant limitations of any warranties provided, including statutory warranties and limitations on the enforcement thereof or on damages. The Developer is not the general contractor of Aspen Highlands Condominiums; however, the Developer has provided the same warranty to purchasers as it received from the general contractor. (1 S) A statement that the proposed development will comply with all applicable requirements of Title 12. Article 61. C.R.S. Upon request from the city, the applicant shall provide a copy of the documents. submitted to the Stale ofColoradofor the registration and certification ofthe timeshare developer. The Fractional Ownership Resort will comply with all applicable requirements of Title 12, Article 61, C.R.S. (16) The extent to which a timeshare unit may become subject to a tax or other lien arising out of claims against other timeshare owners of the same timeshare unit. Fractional ownership interests are timeshare estates under Colorado law and as such are separate interests in real property. As such, a fractional interest owned by one owner will not be subject to liens arising out of claims against other owners. (17) The minimum percentage of units the developer will require to be sold before the developer will proceed with the completion of the timeshare development. The Fractional Ownership Resort is complete. RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 13 OF 22, Janice K. Vos Caudill &tkin County, CO • (18) A description of the maintenance to be supplied to the timeshare development, including how and when such maintenance will be provided. See Timeshare Development Instruments. Four weeks will be available for maintenance each year as determined by the Association. (19) Whether any or all the units in the proposed development will be available for participation in an exchange program. The applicant shall disclose which exchange program(s) the timeshare estate owners will be eligible to utilize. All 'Tourist Accommodation Units have been committed to the plan of fractional ownership and will participate in The Ritz -Carlton Club Membership Program. There is currently no other exchange program. (20) A description of all insurance covering the property. Insurance coverage will be consistent with the Declaration and Association Bylaws. This includes general liability and casualty/property damage insurance. In addition, fidelity insurance will be provided for management personnel responsible for handling funds of the Association. (21) A description oflhe on -site amenities and recreational facilities which are available for use by the unit owners. All on -site amenities shall be owned by the homeowner's association and the developer shall not be allowed to charge any additional fees for use of the amenities. If there are any off -site facilities that are related to the property, these shall also be described, including a summary of any fees that timeshare owners would have to pay to use those off -site facilities. Building 8: On -site amenities include an outdoor pool, outdoor hot tub, members' lounge, television/game room, and business center. Amenities are also limited common elements of the Tourist Accommodation Units. Some of these amenities may also be used by owners of single family lots, townhomes, and any wholly owned tourist accommodation units within Aspen Highlands Village. Building 2: On -site amenities include an outdoor hot tub, outdoor pool, and members' lounge. Amenities are limited common elements of the Tourist Accommodation Units. A health club located with Building 8 is a commercial unit that is separately owned by the Developer and managed by an affiliate of Developer; however, it is not a Limited Common Element -Tourist Accommodation. It is available for use by Owners at the Club as members of The Ritz -Carlton Club Membership Program as well as owners of single family residential lots and townhomes located within Aspen Highlands Village and others as determined by the Developer as operator of the health club. The operator of the health club has the right to charge fees for access to and services provided at the health club; however, access and usage fees are addressed in a Health Club Agreement between Developer and the Owners Association. It includes exercise facilities, showers, locker rooms, steam room, jetted spa, massage therapy rooms and member lounge. The termination of the RECEPTION#: 544458, 11 29/2007 at 09:36:16 AM, 14 OF 22, Janice K. Vos Caudil1Wtkin County, CO • health club may occur upon the following events: (i) the Developer or an affiliate of Developer ceases to be the manager of the health club; (ii) the Club ceases to be a member of The Ritz -Carlton Club Membership Program as a result of the termination of The Ritz -Carlton Club Membership Program Affiliation Agreement; or (iii) Developer otherwise elects to discontinue such use for any reason. No additional amenities are promised. (22) A statement that any timeshare interest shall be expressly subject to all requirements and representations set forth in the disclosure statement. Each Fractional Ownership Interest shall be expressly subject to all requirements and representations set forth in this disclosure statement Ir RECEPTIONiw: 544458, 11/29/2007 Janice K. Vos Caudil* tkin at 09:36:16 AM, 15 OF 22, County, CO • (23) For any timeshare development that is a conversion of an existing project, a statement shall be provided by the developer, based on a repost prepared by an Independent architect or engineer, licensed hl theStale ul (.olorudo. describing the present condition ofall structural components and mechunicul and electrical ins►ullations material to the use and enjoyment of the timeshare units. The statement shall also provide a list ojany outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. Not applicable. V:10RL535-I.egallLega1 SharedlHoodlRCC. Aspen Highlands\Third Amended and Restated City of Aspen Disc Strnt I D.17.oznoC RECEPTION#: 544458, 11/29/2007 Janice K. Vos Caudill &tkin at 09:36:16 AM, 16 OF 22, County, CO • EXHIBIT A TO USE RESTRICTIONS FOR UNITS TA-2303 AND TA-2304 ASPEN HIGHLANDS CONDOMINIUMS THE RITZ-CARLTON CLUB, ASPEN HIGHLANDS MEMBERSHIP CALENDAR FOR UNITS TA-2303 and TA-2304, See attached. RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 17 OF 22, Janice K. Vos Caudill *tkin County, CO 0 USE RESTRICTIONS FOR UNITS TA-2303 and TA-2304, ASPEN HIGHLANDS CONDOMINIUMS THESE USE RESTRICTIONS FOR UNITS TA-2303 and TA-2304, ASPEN HIGHLANDS CONDOMINIUMS (these "Restrictions") dated as of October 31, 2007, shall be effective upon recordation and are made by THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., a Delaware corporation ("RCDC"). WHEREAS, RCDC is the owner of Units TA-2303 and TA-2304 (collectively, the "RCDC Units"), Aspen Highlands Condominiums, according to the Declaration of Condominium for Aspen Highlands Condominiums, recorded January 11, 2001, under Reception No. 450454 (as amended, the "Declaration") and the Condominium Map for Aspen Highlands Condominiums recorded January 11, 2001, in Plat Book 56 at Page 24 under Reception No. 450455 in the Office of the Clerk and Recorder of Pitkin County, Colorado; WHEREAS, Section 23.2.2, Allocation, of the Declaration provides that a Fractional Ownership Interest's Allocation may be identified by a type of week (whether fixed, floating, holiday or otherwise) and that RCDC has the right, for long as it owns Tourist Accommodation Units, to change the method of identification of each Allocation; WHEREAS, Section 23.2.4, Membership Calendar, of the Declaration provides that the Membership Calendar may be changed for a Tourist Accommodation Unit prior to the conveyance of the first fractional interest from such Tourist Accommodation Unit; WHEREAS, no Fractional Ownership Interests have been conveyed out of the RCDC Units; and WHEREAS, upon execution, delivery and recordation of a deed that references these Restrictions and conveys a Fractional Ownership Interest in a RCDC Unit to a Plan Member, RCDC desires to create within such RCDC Unit (a "Fixed Week Unit") twelve (12) Fractional Ownership Interests with the Allocation of each 1/12" Fractional Ownership Interest to be identified as and consisting of three (3) Fixed Weeks (as defined below) and one Floating Week (as defined below) and in furtherance of such Allocation, RCDC desires to create a new and separate Membership Calendar for the Fixed Week Unit, all in accordance with the terms and provisions described herein: NOW, THEREFORE, upon RCDC's execution, delivery and recordation of a deed that references these Restrictions and conveys a Fractional Ownership Interest in a RCDC Unit to a Plan Member, such RCDC Unit shall become a Fixed Week Unit and at such time these Restrictions shall be imposed upon such Fixed Week Unit, and such Fixed Week Unit shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved, subject to the provisions of these Restrictions, which supplement the Declaration: 1. Recitals and Terms. The above recitals are true and correct. The terms used in these Restrictions shall be defined in accordance with the Declaration, unless otherwise defined herein. a. Week means a Use Period consisting of seven (7) consecutive nights. Each Week is either a Fixed Week or a Floating Week and shall be identified on the Membership Calendar as RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 18 OF 22, Janice K. Vos Caudil*tkin County, CO 0 Week 1-52, inclusive, for those calendar years consisting of 52 weeks and as Week 1-53, inclusive, for those calendar years consisting of 53 weeks. Week I shall commence, subject to Section 3 below, on the fast Sunday of the calendar year, and Week 2 shall immediately follow. Additional weeks up to and including Week 52 or Week 53, as applicable, are designated in a like manner. (1) Fixed Week means a Week within the Fixed Week Unit, the exclusive right to possession, use and occupancy of which has been conveyed to a particular Plan Member. A. Fixed Week 7—Presidents' Day. The Plan Member owning Fixed Week 7 shall have the exclusive right to possession, use and occupancy of the Week that includes the night of Presidents' Day, as is celebrated in the United States. In years in which the night of Presidents' Day falls within Week 8, the Plan Member owning Fixed Week 7 shall have the priority right to possession, use and occupancy of Week 8 instead of Week 7 during such years and the Plan Member owning Fixed Week 8 shall have the right to possession, use and occupancy of Week 7 instead of Week 8 during such years. B. Fixed Week 27—U S. Independence Day. The Plan Member owning Fixed Week 27 shall have the exclusive right to possession, use and occupancy of the Week that includes the night of the U.S. Independence Day (Fourth of July). In years in which the night of the U.S. Independence Day falls within Week 26, the Plan Member owning Fixed Week 27 shall have the priority right to possession, use and occupancy of Week 26 instead of Week 27 during such years and the Plan Member owning Fixed Week 26 shall have the right to possession, use and occupancy of Week 27 instead of Week 26 during such years. C. Fixed Week 51—Holiday. The Plan Member owning Fixed Week 51 shall have the exclusive right to possession, use and occupancy of the Week that includes the night of December 24. In years in which the night of December 24 falls within Week 52, the Plan Member owning Fixed Week 51 shall have the priority right to possession, use and occupancy of Week 52 instead of Week 51 during such years, the Plan Member owning Fixed Week 52 shall have the priority right to possession, use and occupancy of Week 53 as provided in subsection l.a.(I)(D) below, and Week 51 shall be available for use by the Plan Members in accordance with the Association Documents and the Membership Program Documents. D. Fixed Week 52—New Year's. The Plan Member owning Fixed Week 52 shall have the exclusive right to possession, use and occupancy of the Week that includes the night of December 31. In years in which the night of December 31 falls within Week 53, the Plan Member owning Fixed Week 52 shall have the priority right to possession, use and occupancy of Week 53 instead of Week 52 during such years. (2) Floating Week means a Week within a Fixed Week Unit that falls within the Unreserved Allocation period identified on the Membership Calendar. 2. Allocation. Each I/12" Fractional Ownership Interest's Allocation in a Fixed Week Unit shall consist of three (3) Fixed Weeks and one (1) Floating Week. The Fixed Weeks comprising a Plan Member's Allocation shall be initially determined and offered by RCDC and identified on the initial deed from RCDC to the Plan Member. A Plan Member's Allocation shall be used in accordance with the existing Reservation Procedures. 3. Membership Calendar. The initial Membership Calendar for a Fixed Week Unit is attached hereto as Exhibit A, and the Membership Calendar attached at Exhibit G to the Declaration shall RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 19 OF 22, Janice K. Vos Caudilaitkin County, CO not apply to a Fixed Week Unit. In accordance with the provisions of the Declaration, the Association, acting through the Tourist Accommodation Directors, shall be responsible for preparing the Membership Calendar at least five (5) years into the future on an ongoing basis. In addition, the Association, acting through the Tourist Accommodation Directors, shall have the right to modify the Membership Calendar for a given year to change the check -in and check-out days of each Week for a Fixed Week Unit. Should the Association modify the Membership Calendar accordingly, the Association shall distribute the revised Membership Calendar to a Fixed Week Unit Owners no later than November I" for the following year. 4. Legal Description of a Fractional Ownership Interest in a Fixed Week Unit. The legal description for Fractional Ownership Interests in a Fixed Week Unit shall be substantially in the following form: A Fractional Ownership Interest consisting of an undivided 1/12,h interest in Residence No. , Aspen Highlands Condominiums, according to the Declaration of Condominium for Aspen Highlands Condominiums, recorded January 11, 2001, at Reception No. 450454 as amended and supplemented from time to time and according to the Map for Aspen Highlands Condominiums recorded January 11, 2001, in Plat Book 56, Page 24 at Reception No. 450455, as amended and supplemented by that certain First Supplemental Condominium Map for Aspen Highlands Condominiums — Phase 2 recorded June 11, 2002, in Plat Book 60 at Page 81, as amended and supplemented from time to time, all in the Office of the Clerk and Recorder of Pitkin County, Colorado, together with the perpetual use of Fixed Weeks and a Floating Week in accordance with the Association Documents and the Membership Program Documents for Aspen Highlands Condominiums, and the Use Restrictions ("Use Restrictions") for TA Unit , Aspen Highlands Condominiums , recorded , 2005, at Reception No. in the Office of the Clerk and Recorder of Pitkin County, Colorado. Pursuant to the Use Restrictions, special reservation rules apply to Fixed Weeks 7/8, 26/27, and 51/52/53. Executed as of the date first provided above. RCDC: THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., a Delakyare Corporation By. VN, N mes H Hunter IV Title: lice President RECEPTION#: 544458, 1Otkin /2007 at 09:36:16 AM, 20 OF 22, Janice K. Vos Caudill County, CO • STATE OF FLORIDA ) ss. COUNTY OF ORANGE ) The foregoing instrument was acknowledged before me this 3' day of OCfCJe-, 2007, by James H Hunter, IV , as Vice President of The Ritz - Carlton Development Company, Inc., a Delaware corporation, on behalf of the corporation, he is personally known to me. WITNESS my hand and official seal My commission expires: [SEAL] Notary% Public NOTARY PLBIIC-STATE OF FLORIDA fl�(Mary Anne Douglass Commission # DD546877 Expires: JUNE 01, 2010 Bonded Thns Atlantic Bonding Co., Inc. V \0RL535-Legal\Legal Shared\Hood\RCC, Aspen Highlwds\AHC Fixed Use Plan Restrictions 10.17,07 DOC RECEPTION#: 544458, 11/29/2007 at 09:36:16 AM, 21 OF 22, Janice K. Vos Caudiloritkin County, CO nab aA 9.�lwg,�W3ii$ii?��� �ARe_Rry ^`A ^p�» RF a^sp,lypr FR r_a_,�ry ReARR � ' aR^ape �.9, i�.A�SLL qq�g1R1��ak�55.�n_�p^e_pF �Z��7 ��<"Z"Z�� 71 �.59� 5 _aF^-�x^^spdA��_��gaR_6aR^1�_MaL+ a?7�a1�a�P��'JJ' �'$$$$�•i Z�x"Oc tl^ap^g_«-.^pA J8 �:Fl9:as 'o_r_�F�..FR�p�_R�a<�R _�t9•��q'.�q�C»�Rp��_x-ogapx It^�S5^a;!ARPA14 m:�1:,.e,^,R:, ^qkr AR�2Fpa+-_ =ARd_Rp^9C.L 9 a1AA1 iiXZZ .1� 7 i9 ^�a��<S°�9` ,. z A c o®�a15�� .AR ^ R ^RF^o^.^ ^pWMH=� g =« +F19 ^Rq egSi ^Rp o q '.qR �8g8$SzZM B9aiiC Fqq yyy^y }y5. d Iri 74�Z57�.�Zi�,9,i .. <_gynp o.aA Rp n9^a�� �oAp ^ppA^Q'{r_y ap,� 332 �<�Z'j J{ e.-..p. .,^. A6 $�$$0773`i06 �s�3��9 ReAR ' 3„���$8$88zz$$ ,3 .eq ^oApW.n _:'R.;9.^. 3 M,:_F��: L aRra�A ^t110^_°: 79^oCeL F^.^R» aR«a_AR+Aap.-'-°A^+-pq»^$3F JJII e7d^P aus X pAFA � 11il� ��<�3x� 11 � '7B"'a..AR+7i3p+CSq-„�p10�,� R ^RPpV A,�'�,�'�q����6�66����� .9 4pU221 C.oCeAAp.,g_R^o'"p i��$ 3 ®�Ps �°il H888 , 7888 eA^'a:tl?y Ry a9��ag�I ,77 :F79 ^iq3��®9 ^pq = 76 rmAr .AR X a 7 744 Nii, �. ..^.^..R 0 3d�$ 1 B a 'ilk B a VNI ayaaa �,aeea � yha3 *s1S� a 99 n d e�l'I j a RECEPTIONR: 544458, 112007 at 09:36:16 AM, 22 OF 22, Janice K. Vos Caudill, kin County, CO 10 t 9^99pW� 2QQ R^yglj^,�7yB■tea °AR^:FAS+9�= � 'x4xj *A�Rq��gp�AGM {�y�'p.o C'C^F61WGM_a7B.yY,op{ ^ 3 <� .�.L �S,R r ` ,7i 7io 000O Z f-1 Li W b „pRe� R w AG^-..^ Ali��f��� or.- �pW H;79 R 3YAa -A =SR^Sn 70 I ^AG �,.: AR+.. �8888zzzg� -s � as N� e �q^b=p +FiBr_Sq�a�AR'O^AG _.q-.�pWNna:A^oCrSF^_F14ara� q-ems W.-SFA�.._gX ^' °A pA `A-°=fY s cobra [NX e ^AG^Q^ o .^�.-p,��a7B eqR .^p .. .eq-.�pW.�AG^3t^++^•'^.p E, -"q^.^Fiala^AG ^A-. F1W'^-"'� �pR^•'7�`-=Are.+pR �g<<11� �zaprlpjt � �8888zzzzd8� i J e, 2LL 2111 o^3 G"Sn rAp.�Sgr..�ARe�AG _.o YJ-._pal^p97B^e^xr^_Af9 $8888zzz��aa N�'�}g � � '•'.•q.'•. � � �pW�_�q.',��Fpp^^3� p �P�^'a-ARd�AG+_9A^•_pan. A � • • Marin, Tanya From: Marin, Tanya Sent: Friday, November 07, 2014 2:16 PM To: 'Hillary Seminick' Cc: Marin, Tanya Subject: RCC Aspen Disclosure Documents Attachments: Fourth Amended and Restated City of Aspen Disclosure Statement.DOC; Fourth Amended and Restated City of Aspen Disclosure Statement blk 11.7.14.pdf Importance: High Hi Hillary, Attached for your review is the clean and redline copies of the Fourth Amended and Restated City of Aspen disclosure document. Also, I am sending via FEDEX for Monday delivery check number 1383044822 in the amount of $81.00 to cover the recording fees. If you have any questions, please m know. Thank you. Tanya M. Marin DECEIVED Senior Paralegal -Registrations NOVMarriott Vacations Worldwide Corporation 10 2014 6649 Westwood Boulevard Orlando, FL 32821-6090 CITY OF ASPEN 407-206-6431 FAX 407-206-6420 "OMMIRTY DMOM tanya.marin(@mvwc.com NOTICE - This Marriott Vacations Worldwide Law Department communication may be confidential or privileged. Unauthorized copying, distribution, disclosure or use is prohibited. If sent to you in error, please advise me and then delete. Not intended to be an electronic signature under applicable law. 0 • Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, October 14, 2014 12:00 PM To: 'Marin, Tanya' Subject: RE: RCC Aspen Highlands Fourth Amended and Restated -sent 10/8/14 Hi Tanya: Thank you for the additional information. My letter had asked for HOA consent, a copy of the current recorded document and a draft showing proposed changes. I don't have the Third Amended and Restated City of Aspen Disclosure Statement. If you have the reception number that the document is recorded under with the Pitkin County Clerk and Recorder, I can pull it. Otherwise you will need to provide that last item. Thanks, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Marin, Tanya [mailto:Tanya.Marin@mvwc.com] Sent: Monday, October 13, 2014 8:03 AM To: Jennifer Phelan Subject: RE: RCC Aspen Highlands Fourth Amended and Restated -sent 10/8/14 Importance: High Good morning Jennifer, Attached please find the executed copy of the associations' consent and approval to the pending amendment submitted to your office. I believe this is the last piece required in your letter. Please let me know when we can expect an approval on the amendment and if you need any additional information to finalize this process. Thanks Tanya M. Marin Senior Paralegal -Registrations Marriott Vacations Worldwide Corporation 6649 Westwood Boulevard Orlando, FL 32821-6090 407-206-6431 FAX 407-206-6420 tanya. marin(amvwc.com • NOTICE - This Marriott Vacations Worldwide Law Department communication may be confidential or privileged. u"Fiauthorized copying, distribution, disclosure or use is prohibited. If sent to you in error, please advise me and then delete. Not intended to be an electronic signature under applicable law. From: Jennifer Phelan [ma iIto: Jennifer.pheIan Cabcityofaspen.com] Sent: Wednesday, October 08, 2014 12:30 PM To: Marin, Tanya Subject: RE: RCC Aspen Highlands Fourth Amended and Restated -sent 10/8/14 Hi Tanya: Feel free to send the materials you have, but I won't assign the case until all materials are submitted. Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Marin, Tanya [mailto:Tanya.MarinCs1mvwc.com] Sent: Wednesday, October 08, 2014 7:09 AM To: Jennifer Phelan Subject: RCC Aspen Highlands Fourth Amended and Restated Importance: High Good morning Jennifer, I'm ready to send most of the items you requested on your September 5, 2014 letter, however, I don't have the signed HOA letter consenting to the amendment and application yet. The board meeting to have the letter signed is not until next week, however the President of the Board did sign the Consent and Acknowledgement on the Fourth Amended and Restated City of Aspen Disclosure Statement. Is it ok with you to send you an email copy of the signed HOA letter when I receive it but send to you now, via FEDEX, the signed Fourth Amended and Restated City of Aspen Disclosure Statement with Exhibit "A", and the blackline showing the changes. Thank you for your time. Tanya M. Marin Senior Paralegal -Registrations Marriott Vacations Worldwide Corporation 6649 Westwood Boulevard Orlando, FL 32821-6090 407-206-6431 FAX 407-206-6420 tanya.marin mvwc.com NOTICE - This Marriott Vacations Worldwide Law Department communication may be confidential or privileged. Unauthorized copying, distribution, disclosure or use is prohibited. If sent to you in error, please advise me and then delete. Not intended to be an electronic signature under applicable law. THE RITz-CARLTON DESTINATION CLUB® October 8, 2014 Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 REctiVED OCTO92014 CITY OF ASPEN CMftJA Y QMLOPMENT VIA FEDERAL EXPRESS RE: The Ritz -Carlton Development Company, Inc. ("Developer) The Ritz -Carlton Club, Aspen Highlands ("Project") City of Aspen Disclosure Statement Application/Filing Response to letter dated September 5, 2014 Dear Jennifer: Please find attached to this cover letter the following items in response to your letter dated September 5, 2014 relative to the recording/filing of Developer's City of Aspen Disclosure Statement: Original executed and notarized Fourth Amended and Restated City of Aspen Disclosure Statement for The Ritz -Carlton Club, Aspen Highlands with Exhibit "A"; and Blackline showing the revisions made to the proposed amendment As agreed, a copy of the executed HOA letter consenting to the amendment and application will be sent to you via email once I'm in receipt of the same. If you have any questions or need additional information in order to complete this filing, please contact me at 407.206.6431 or via email to tanya.marin@,mvwc.com. incer y I Tanya �arin Senior Paralegal -Registrations /tmm Enclosure 6649 WESTWOOD BOULEVARD, ORLANDO, FL 32821-6090 666519-2 WWW.RITZCARLTONDESTINATIONCLUB.COM 0 September 16, 2014 VIA lleetronic Mail and FedEx Aspen Highlands Condominium Association, Inc. Tourist Accommodation Directors 75 Prospector Road Aspen, Colorado 81611 Re: Undated City of Aspen Disclosure Statement for The Ritz -Carlton Club Aspen Highlands Dear Tourist Accommodation Directors of Aspen Highlands Condominium Association, Inc.: The Ritz -Carlton Development Company, Inc. ("RCDC") has updated the City of Aspen Disclosure Statement for The Ritz -Carlton Club, Aspen Highlands ("Disclosure Statement") to reflect, among other things, the change in RCDC's corporate structure, the transfer in ownership of the health club facility to the Aspen Highlands Condominium Association, Inc. (the "Association") and the availability of the Lion & Crown Exchange Program to Owners of Fractional Ownership Interests. All updates to the Disclosure Statement are reflected in the attached document which is a comparison to the prior Disclosure Statement filed with the City of Aspen ("City"). The Disclosure Statement is filed with the City, and upon the City's approval, recorded in the Office of the Clerk and Recorder of Pitkin County and provided to new purchasers. Section 23.8.11 of the Declaration of Condominium for Aspen Highlands Condominiums provides that the Tourist Accommodation Directors have the duty to update and file the Disclosure Statement and record the same with the Clerk's office. Accordingly, your approval to the updated Disclosure Statement and the filing and the recording of the same by RCDC is kindly requested in the space provided below. Once approved, we also ask that Mr. Mercer also sign the enclosed clean copy of the Disclosure Statement. The filing and recording of the updated Disclosure Statement will be handled by RCDC at its sole cost and expense. Please return the signed letter by September 23, 2014, to my attention by mail (a preaddressed, stamped envelope is included for your convenience), fax or email to the following: Steohanic.sobeck ii',,ritzcarltonclub com or (407) 206-6013. Your failure to respond by such date will have the same effect as abstaining in writing by such date and failing to demand in writing by such date that action not be taken without a meeting. Should you have any questions, please feel free to call me at (407) 206-6017. Thank you for your attention to this matter. Sincerely, The Ritz -Carlton Destination Club Stephanie Sobeck Vice President, Asset Management Attachment 4830-1494-3774.2 Highlands Condominium Association, Inc., Tourist Accommodation Directors Date Date Date Date 2 4830-1494-3774.2 /O — //—/ THE CM OF ASPEN Land Use Application Determination of Completeness Date: September 51 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. -14Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1) Timeshare Standards require the proposed amendment to be approved by the condominium association. A letter from the HOA consenting to the amendment and application is required. 2) Copy of the current, recorded document that is proposed to be amended. 3) Summary of what is being changed in the proposed amendment. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, fer he , Deputy Planning Director City of Aspefi, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No� Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 0 RECEIVED SEP 3 2014 THE RITZ-CARLTON DESTINATION CLUB® CITY OF ASPEN C%MiMTY Y_ 1F.LOPMENT September 2, 2014 VIA FEDERAL EXPRESS Ms. Hillary Seminick Planner Technician Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: The Ritz -Carlton Development Company, Inc. ("Developer) The Ritz -Carlton Club, Aspen Highlands ("Project") City of Aspen Disclosure Statement Application/Filing Dear Hillary: Please find attached to this cover letter one packet containing 2 sets of the following items required for the recording/filing of Developer's City of Aspen Disclosure Statement relative to the Project referenced above. • Signed Agreement to Pay Application Fees; • Attachments 2 through 4-Land Use Application; • Signed Fourth Amended and Restated City of Aspen Disclosure Statement for The Ritz -Carlton Club, Aspen Highlands with Exhibit "A", which is the City Aspen Highlands Disclosure Statement; • CD-ROM containing a copy of the Subdivision Map (Phases 1 and 2); and • One check in the amount of $995 to cover the 3 hours of Community Development Department staff time (noted on the fee agreement). We request that you please process this application as soon as possible. If you have any questions or need additional information in order to complete this filing, please contact me at 407.206.6431 or via email to tanya.marin _,mvwc.com. Sincerer T, anya M. rin Senior Para egal-Registrations /tmm Enclosure 6649 WESTWOOD BOULEVARD, ORLANDo, FL 32821.6090 666519-1 WWW.RITZCARLTONDESTINATIONCLUB.COM • • ;.:. „M 00-7W • 2014 AS/_Lf"'*' ATTACHMENT 2 -LAND USE APPLICATION 5'L PROJECT: Name: The Ritz —Carlton Club, Aspen Highlands Location: 0075 Prospector Road Indicate street address, lot & block number, legal description where appropriate) Parcel ID #(REQUIRED) SEE EXHIBIT "A" attached A.PPLICANT: Name: The Ritz —Carlton Development Company, Inc. Address: 21 Phone #: 407-206-6000 REPRESENTATIVE: Name: Kathi Borkholder, Esquire Address: 6649 Westwood Blvd., Orlando, Florida 32821 Phone #: 407-529-2565 1 YVE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment 0 Other: Timeshare Docume ❑ Conditional Use Recordation EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) timeshare units (condominiums) ROPOSAL: (description of proposed buildings, uses, modifications, etc.) n/a ave you attached the following? FEES DUE: $ 995.00 LJ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. t • • EXHIBIT "A" ASPEN HIGHLANDS CONDOMINIUMS, according to the Declaration of Condominium for Aspen Highlands Condominiums recorded January 11, 2001 at Reception No. 450454, and amended and supplemented by instruments recorded July 2, 2001 at Reception No. 456026; October 9, 2001 at Reception No. 459556; June 11, 2002 at 468555; August 19, 2002 at Reception No. 471160; October 9, 2002 at Reception No. 473171; January 27, 2005 at Reception No. 506406; July 25, 2005 at Reception No. 512772; July 25, 2005 at Reception No. 512773 and November 29, 2007 at Reception No. 544458; and according to the Maps for Aspen Highlands Condominiums - Phase I filed January 11, 2001 in Plat Book 56 at Page 24 and Aspen Highlands Condominiums - Phase II filed June 11, 2002 in Plat Book 60 at Page 81, County of Pitkin, State of Colorado. l I Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. Agreement to Pay Application Fees Hn agreement Detween the Uty of Aspen cuty") and Property The Ritz -Carlton Development Company, Inc. Phone No.: 407.206.6000 Owner ("I"): Email: Address of 0075 Prospector Road Billing 6649 Westwood Blvd. Property: Aspen, CO 81611 Address: Orlando, Florida 32821 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 995 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: % The. tz-Carlton Deve�lopment Company, Inc. Name: /-iicV" L_ t7 (' r ✓A• JWV[ l�4„ City Use: Title: Vice President Fees Due: $ 995 Received: $ • ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: The Ritz -Carlton Club, Aspen Highlands Applicant: The Ritz -Carlton Development Company, Inc. Location: 0075 Prospector Road, Aspen, Colorado 81611 Zone District: Lot Size: SEE Subdivision Map on CD attached Lot Area: SEE Subdivision Map on CD attached (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) THIS SECTION NOT APPLICABLE Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings N/A Existing non -conformities or encroachments: N/A Variations requested: E • a w y N Ea E a aJ rA L C w w w C c c c U N w Q E E �+ -Cd p v L L `o- L `�0 L o N i0 0 0 . M. ., N N o `�- N o a+ N rA o N �a w U U �U ofQ U �U°�°� PHNPU p; N U U N d a �Ogd'�a F=•�ao aq Q Ion n� o AA� L Cl U O a u 9 w +r a d u a a�i h C4 .-q V" ai Oi � .E � N N N O •E o. O .N� � X M °o .a M en N 00 :F �, M 00 00 00 00 00 00 N N N \C N d N 3 O z I4- eq 0 3 c ram'- w U x w - ¢ O w W j W Pk5 Pk Q O A i a a ° W ¢' v F" Q w gg q pa O w w A W o a a w A W d a U W w 00 a 00 x • 0 a w U U N �+ Ix O U w U w w 4 .fir GL N ti cl air d U N 'g d a g w N N w p' N fn w N w N w N N ON U w U U U k 3 W • � A � C s a W U �y a d dME U a � U U d A 0 • ATTACHMENT 4-CONT'D- SUBMITTAL KEY I _ Land Use Application with Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may he waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 8. Plan with Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved, a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened 16 Proposed elevations of the development, including any rooftop equipment and how it will be screened 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one -hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at 1 "=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level ifthey exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half(1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick DATE: August 22, 2014 PROJECT: Ritz Carlton 75 Prospector Rd.- Recordation Documents REPRESENTATIVE: Tanya Marin, 407.206.6431 DESCRIPTION: The Applicant wants to update the Timeshare Documents per Section 26.590.090 Timeshare Documents for the Ritz Carlton. No public hearings are required. In addition to Planning staff review the City Attorney's Office will review the recordation documents. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www. aspen pitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and %20use%20app%20form. pdf Land Use Code: http://www aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.490 Approval Documents 26.590.090 Timeshare Documents Review by: • Staff for complete application and approval of documents Planning Fees: Planning Deposit — $975 for 3 hours (additional time is billed at $325 per hour) Referral Fees: City Attorney's Office — no deposit, but time is billed at $325 per hour Total Deposit: $975 To apply, submit the following information: ❑ Pre application conference summary (this document) ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 2 Hard copies of the complete application packet. ❑ Electronic copy of all documents. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ASLU Timeshare Document Recordation 75 Prospector Rd 1