HomeMy WebLinkAboutlanduse case.ts.75 Prospector Rd.0078.2014.ASLU0078 2014 ASLU 0075 PROSPECTOR ROAD
TIMESSHARE DCUMENTATION
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M-026520
M-026521
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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
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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
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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
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(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
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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
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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.
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665782-2
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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
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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
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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
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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.
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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.
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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.
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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
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(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.
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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.
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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.
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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
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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
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• •
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:
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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