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agenda.council.regular.20240611
AGENDA CITY COUNCIL REGULAR MEETING June 11, 2024 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/83187945603? pwd=3vbvR6oE87LN2W6ZSJvbzzU2h8yWW4.1 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 831 8794 5603 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kevsQtHU9K (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports 1 1 VI.Consent Calendar VI.A Resolution #065, Series of 2024 - Wrights Road Waterline Replacement Design Services VI.B Resolution #066, Series of 2024 - Approval of 5-year Contracts for Laundry Services between The Aspen Pitkin County Housing Authority (APCHA) and CSC Service Works VI.C Draft Minutes of May 14th, 2024 VII.Notice of Call-Up VIII.First Reading of Ordinances VIII.AOrdinance #07, Series of 2024 - 808 Cemetery Lane - Red Butte Cemetery - Planned Development, Use Variation, GMQS Reviews IX.Public Hearings X.Action Items XI.Adjournment (These matters may be adopted together by a single motion) Council Memo_WrightsRoadWaterlineReplacement_FINAL.docx Attachment B - Reso #065 of 2024 for Civil and Electrical Design Services.doc Attachment A - 2024-045 Wrights Road Waterline Replacement - Combined Contract Docs.pdf Attachment C - Wrights Road Pipeline Project Vicinity Map.pdf Memo - Laundry Services.docx Resolution_No_66 (2).doc CSC Laundry Proposals.pdf T2 Contract.pdf T1 Contract.pdf ACI Contract.pdf Marolt Contract.pdf cc.min.051424.docx 808 Cemetery Lane_Council Memo_Project Review, Use Variation, GMQS_Memo - 6-11-24.pdf 808 Cemetery Lane_Red Butte Cemetery_Council Ordinance #07, Series of 2024.pdf 808 Cemetery Lane_Council_Exhibit A_Project Review Standards Responses.pdf 808 Cemetery Lane_Council_Exhibit B_Use Variation Standards Responses.pdf 808 Cemetery Lane_Council_Exhibit C_GMQS Standards Responses.pdf 808 Cemetery Lane_Exhibit D_Application.pdf 808 Cemetery Lane_Exhibit E_Referral Comments.pdf 808 Cemetery Lane_Exhibit F_Public Comments through 6-3-2024.pdf 808 Cemetery Lane_Exhibit G_Red Butte Cemetery Article 1901.pdf 2 2 3 3 MEMORANDUM TO:Mayor and City Council FROM:Ryan Loebach, Sr. Project Manager THROUGH:Justin Forman, Director of Utilities MEMO DATE:May 31st, 2024 MEETING DATE:June 11th, 2024 RE:Resolution #065, Series of 2024 – Wrights Road Waterline Replacement Design Services REQUEST OF COUNCIL:Staff requests a contract award to SGM, Inc., in the amount of $135,400.00 for the design of a water line replacement project located on Wrights Road. PREVIOUS COUNCIL ACTION:Council has reviewed funding for this project through the 2023/2024 budget approval process by creating and funding project 50763 Cast Iron and Steel Waterline Replacement. BACKGROUND:The City of Aspen's water distribution system consists of approximately 84 miles of pipeline; with 25% consisting of non-standard, cast-iron pipe installed before 1980. Staff consider cast-iron piping systems and piping installed prior to 1980 to be approaching the end of their designed lifespan. Staff are continuously working to prioritize and schedule the replacement of these aging waterlines through new projects and previous projects. Staff have replaced cast-iron piping on Roaring Fork Road in 2018 and collaboration with the Engineering Department, at Hallam & Garmisch Streets in 2023 and 2024. Staff is requesting approval to design a new project to replace approximately 940 feet of 6-inch diameter cast-iron pipe installed in 1973 on Wrights Road. This segment of pipeline has experienced seven pipeline breaks within the last 5 years, with two of the most recent breaks occurring in November/December 2023. This project is part of a long-term master plan to replace aging infrastructure and pipelines and will be discussed further during 2024 capital improvement project budgeting discussions. The project design requires a detailed survey of the existing pipeline alignment, documenting multiple existing utilities on a narrow private road, and documenting private road and property boundaries (see project area outlined in Attachment C). The design will meet all requirements of the Pitkin County standards, Water Distribution Standards, Colorado Department of Public Health and Environment (CDPHE) design criteria, and Subsurface Utility Engineering standards (SUE). The project will be designed to minimize 4 and mitigate homeowner access and customer outages during the construction process. Upon completion of the design in 2024 staff intends to award construction contracts for the installation of the project during the 2025 construction season. DISCUSSION:City staff solicited bids from qualified consultant engineering firms to design this circuit replacement. The proposals were evaluated by a team of four City staff members. The proposals were reviewed utilizing the following criteria that were outlined in the RFP: Engineering Firm Experience and Design Experience Completion Timeline/Schedule Project Understanding and Approach Price/Costs Staff received two proposals for the scope of work from two local engineering firms. The firms and their proposal amounts are summarized below. SGM, Inc was selected by the evaluation team based on their project team experience, willingness to complete the project a month before the requested deadline, and baseline service cost compared to other proposal received. FINANCIAL/BUDGET IMPACTS: Staff received two proposals from responsible, responsive engineering firms. The costs from each of these proposals are summarized below: Roaring Fork Engineering $116,838.00 SGM, Inc. $ 85,400.00 Staff recommends awarding the design contract to SGM, Inc. The proposed project funding and expenditures are outlined below: Total Project Expenditures SGM, Inc. Agreement: Base Services $ 85,400.00 SGM, Inc. Agreement: Contingency Services $ 50,000.00 Total Contract $135,400.00 Existing Budget Project 50763 Capital Budget $200,000.00 Total Budget $200,000.00 Staff requests $50,000 in contingency be added to SGM’s professional services agreement to potentially fund two days of potholing services and title searches/easement legal description preparation for 10 properties located adjacent to pipeline alignment over the 940-foot project length to document/seek permission to construct pipeline on private road/property. Staff anticipates utility line conflicts may need to be investigated to properly construct the pipeline in accordance with SUE standards on a narrow, steep road and avoid any construction change orders/delays. 5 The construction phase for the new project is planned for 2025 and shall request funding for construction in the 2025 budget cycle. ENVIRONMENTAL IMPACTS:Replacement of aging water pipelines reduces the number of potential leaks that could occur on an aging pipeline thus reducing the amount of potable water loss to the environment, reducing energy and chemicals needed for potable water production, and reducing impacts from construction crews performing emergency repairs on that pipeline. ALTERNATIVES: Staff believes this is a critical project to continue to provide reliable water service. Alternatively, the city can continue emergency repairs on the existing waterline which requires excavation and repairs and will create water service disruptions for utility customers. RECOMMENDED ACTION:Staff requests a contract award to SGM, Inc., in the amount of $135,400.00 for the design of a water line replacement project located on Wrights Road PROPOSED MOTION:I move to approve Resolution #065 of 2024. CITY MANAGER COMMENTS: ATTACHMENTS: A. Professional Services Agreement with SGM, Inc. B. Resolution #065 of 2024 C. Wrights Road Waterline Replacement Project Map 6 RESOLUTION # 65 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SGM, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement for the Wrights Road Waterline Replacement Design Services, between the City of Aspen and SGM, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the professional services agreement for the Wrights Road Waterline Replacement Design Services, between the City of Aspen and SGM, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11 th day of June 2024. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, June 11 th, 2024. Nicole Henning, City Clerk 7 Agreement Professional Services Page 0 Updated 5/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-045 AGREEMENT made this 29th day of May, in the year 2024. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: SGM c/o Chris Lehrman 118 W 6th Street, Suite 200 Glenwood Springs, CO 81601 (970) 945-1004 chrisl@sgm-inc.com For the Following Project: Wrights Road Waterline Replacement Design Services Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: June 11th, 2024 Resolution No.: 065 of 2024 Exhibit A: Scope of Work and Fee Estimate. Exhibit B: Fee Schedule. Total: $135,400.00 DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 8247 Agreement Professional Services Page 1 Updated 5/2024 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2024. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 9248 Agreement Professional Services Page 2 Updated 5/2024 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 10249 Agreement Professional Services Page 3 Updated 5/2024 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 11250 Agreement Professional Services Page 4 Updated 5/2024 shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 12251 Agreement Professional Services Page 5 Updated 5/2024 color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 13252 Agreement Professional Services Page 6 Updated 5/2024 (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 14253 Agreement Professional Services Page 7 Updated 5/2024 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the partie s in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 15254 Agreement Professional Services Page 8 Updated 5/2024 compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). 27. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A and B. 28. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: _____________________________ _______________________________ [Signature] [Signature] By: __________________________ By: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-5/29/2024-M:\city\cityatty\arch\ag1-981.doc DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 Chris Lehrman 5/29/2024 | 2:39:58 PM MDT Principal 16255 May 29, 2024 Ryan Loebach, PE Utilities Senior Project Manager Water Department City of Aspen 427 Rio Grande Place, Aspen, CO 81611 RE: RFP– Wrights Road Water Pipeline Replacement Dear Ryan: SGM is pleased to submit our proposal defining our proposed scope of work for the Wright’s Road Waterline Replacement Project. SGM proposes the following scope of work along with the associated fees: Task: 01 – Existing Conditions Survey The SGM survey team will perform an existing conditions survey locating all visible improvements and located utilities within 5 feet of the edge of asphalt on both sides of the road. SGM will dip the sewer manholes, storm sewer and locate water valve boxes. 02 – Right of Way and Boundary Survey The SGM survey team will perform a detailed record and monument search of Wrights Road and the adjacent parcels. This information will be compiled into a final Right-of-Way and Boundary analysis, that clearly defines right-of- way and boundary lines within the scope of survey, relative to existing conditions, topography, and site utilities. 03 – SUE Investigation SGM’s in-house survey and Subsurface Utility Engineering (SUE) teams will mobilize to prepare the survey and SUE base mapping for the project area. The two internal teams work as a cohesive unit to build accurate representations of surface and subsurface features. Quality Level B and C (QLB, QLC) records will be developed for the existing sewer infrastructure in the area and any other utilities that can be physically located. The survey and SUE teams will coordinate with the City and residents in the project area to minimize traffic impacts and provide road access. 04 – Civil Engineering With the survey and SUE base mapping complete, SGM’s engineers will design the water line replacement. We will provide 30% drawings to the City to review the proposed alignment and construction sequencing. Once the basic alignment is confirmed, SGM will develop a 90% drawing set that adds the level of detail required for construction and review by the City and the relevant stakeholders. Finally, 100% bid drawings will be developed and included in the bid package, incorporating any comments provided during the 90% review phase. www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 Exhibit A: Scope of Work and Fee Estimate DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 17256 05 – Mountain Water Engineers SGM has teamed with Dean Derosier for historical knowledge and QA/QC of the final drawings. Dean will attend project kick off meeting and site visits and provide historical background and recommendations on the waterline replacement. 06 – Potholing Should the need for potholing occur, SGM has included a unit daily price for potholing. The unit price includes hydro vacuuming, traffic control and SGM assistance per Day to obtain 6 potholes. 07 – Title Review Should the need for easement acquisition occur, SGM has included a unit price for the title work that would be required to develop easement exhibits. This would include procurement and review of parcel title work. 08 – Easement Exhibits and Legal Descriptions Should the need for easement acquisition occur, SGM has included a unit price for the preparation of an easement exhibit and legal descriptions. SGM did not include any time for easement negotiations. Fees: TASK CODE DESCRIPTION COMPANY BASE/ADD TOT EST FEE 01 SRV Ex. Conditions Survey SGM BASE $12,000 02 SRV Parcel Boundary Work SGM BASE $12,500 03 SUE SUE Investigation (QLB) SGM BASE $13,400 04 CE Civil Engineering SGM BASE $42,500 05 MWE Historical and QA/QC MWE BASE $5,000 TOTAL ESTIMATED DESIGN FEES $85,400 06 Pothole Daily Potholing Cost (6 holes) SGM / Hydro Sub/Traffic Control 2 Days $26,000 07 Title Searches Title Searches per Property Land Title of Aspen 10 @ $1,200 $12,000 08 Easement Easement Exhibits and Legal Descriptions (Const. & Permanent easements combined) SGM 10 @ $1,200 $12,000 ALLOWANCES $50,000 Recommended CONTRACT TOTAL $135,400 www.sgm-inc.com DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 18257 Thank you for the opportunity to work with the City of Aspen Water Department. If you have any questions, please contact me at: 970.384.9043 / email: chrisl@sgm-inc.com. Sincerely, SGM Chris Lehrman, PE Principal www.sgm-inc.com DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 19258 Fee Schedule January 2024 Hourly Rate* PRINCIPAL ENGINEER ...................................................................................................................................... $240.00 SENIOR ENGINEER III ....................................................................................................................................... $225.00 SENIOR ENGINEER II ........................................................................................................................................ $210.00 SENIOR ENGINEER I ......................................................................................................................................... $190.00 ENGINEER IV ...................................................................................................................................................... $173.00 ENGINEER III ...................................................................................................................................................... $159.00 ENGINEER II ....................................................................................................................................................... $135.00 ENGINEER I ........................................................................................................................................................ $116.00 SENIOR PROJECT MANAGER.......................................................................................................................... $172.00 PROJECT MANAGER ......................................................................................................................................... $160.00 PRINCIPAL CONSULTANT ................................................................................................................................ $239.00 SENIOR CONSULTANT II .................................................................................................................................. $205.00 SENIOR CONSULTANT I ................................................................................................................................... $170.00 CONSULTANT III................................................................................................................................................. $143.00 CONSULTANT II.................................................................................................................................................. $125.00 CONSULTANT I................................................................................................................................................... $112.00 TECHNICIAN III ..................................................................................................................................................... $96.00 TECHNICIAN II ...................................................................................................................................................... $82.00 TECHNICIAN I ....................................................................................................................................................... $69.00 CLERICAL.............................................................................................................................................................. $88.00 SENIOR CADD/GIS ............................................................................................................................................ $160.00 CADD/GIS III ........................................................................................................................................................ $138.00 CADD/GIS II ......................................................................................................................................................... $125.00 CADD/GIS I .......................................................................................................................................................... $102.00 CONSTRUCTION MANAGER ............................................................................................................................ $151.00 CONSTRUCTION TECHNICIAN II ..................................................................................................................... $138.00 CONSTRUCTION TECHNICIAN I ...................................................................................................................... $125.00 PRINCIPAL SURVEYOR .................................................................................................................................... $191.00 LAND SURVEYOR III ......................................................................................................................................... $175.00 LAND SURVEYOR II ........................................................................................................................................... $158.00 LAND SURVEYOR I ............................................................................................................................................ $142.00 SURVEY TECHNICIAN III ................................................................................................................................... $127.00 SURVEY TECHNICIAN II .................................................................................................................................... $114.00 SURVEY TECHNICIAN I ..................................................................................................................................... $103.00 FIELD SURVEY (1-Man Crew)............................................................................................................................ $172.00 FIELD SURVEY (2-Man Crew)............................................................................................................................ $229.00 SUE FIELD PROJECT MANAGER ..................................................................................................................... $208.00 SUE FIELD TECHNICIAN ................................................................................................................................... $144.00 EXPERT TESTIMONY ........................................................................................................................................ $365.00 *There is 10% upcharge to the rates shown for electrical engineering REIMBURSABLES Equipment Rate Vehicle Mileage ........................................................................................................................ Current IRS Standard Mileage Rate ATV / Snowmobile ......................................................................................................................................................... $125.00/day UTV .............................................................................................................................................................................. $250.00/day Flow Tote ....................................................................................................................................................................... $125.00/day Reproduction Black & White Plots ...................................................................................................................................................... $ 5.50/sheet Mylar Plots .................................................................................................................................................................... $19.00/sheet Color Plots .................................................................................................................................................................... $30.00/sheet Photocopies ...................................................................................................................................................................$ 0.25/page Miscellaneous Interest of 1.0% per month will be charged for invoices past 45 days. Exhibit B: Fee Schedule DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 20259 21 MEMORANDUM TO: City Council FROM: Nicole Morehead, Assistant Property Manager THROUGH: Matthew Gillen, Executive Director of APCHA MEMO DATE: May 30, 2024 MEETING DATE: June 11, 2024 RE: Resolution No. 66 (Series 2024) Approval of 5-year Contracts for Laundry Services between The Aspen Pitkin County Housing Authority (APCHA) and CSC Service Works. _____________________________________________________________________ REQUEST OF COUNCIL:To approve Resolution No. 66 (Series of 2024), authorizing the Aspen Pitkin County Housing Authority (APCHA) through the City Manager to approve the 5-year proposed contracts between the Aspen Pitkin County Housing Authority (APCHA) and CSC Service Works for Laundry Services at Truscott, Aspen Country Inn and Marolt Ranch Seasonal Housing. SUMMARY AND BACKGROUND: APCHA has struggled to find a reliable repairman for the commercial washers and dryers at Truscott Apartments, Aspen Country Inn, and Marolt Ranch Seasonal Housing. Despite efforts spanning from The Front Range all the way to the Western Slope, no satisfactory repair service was found. At a City Council Meeting, a Council Member recommended CSC Service Works, citing their prior experience in the Roaring Fork Valley and existing service in Aspen. CSC Service Works is the only known company in the valley willing to handle all APCHA laundry rooms. Despite outsourcing, prices for residents will remain affordable at $2.00 per load for wash and dry, with potential future discounts. Contracting with CSC will save APCHA staff time and improve laundry services for residents. CSC's management model promises more consistent services compared to subcontracting smaller vendors, given their bases in Grand Junction and Denver. DISCUSSION:Approximately 70% of laundry machines at APCHA Managed Properties are currently out of order due to difficulties in finding a dependable repairman. This has raised concerns among APCHA tenants. To address this issue and prevent future disruptions in laundry services, APCHA has decided to contract with CSC Service Works. This partnership will also involve the installation of new laundry machines across all properties. Profits from laundry operations will be shared between CSC Service Works and APCHA, with a split of 60% to APCHA and 40% to CSC Service Works. 22 BASIS FOR VENDOR SELECTION: This information is to be approved by the procurement officer before finalization in the memo. RFP “2023-287 Replacement of Laundry Rooms Washer and Dryer Equipment at Truscott Place Apartments was published on Bidnet, on November 16, 2023, with a pre-bid site meeting on November 28th, 2023 and the proposal closed on January 4, 2024. One vendor put forth a bid that did not complete the full scope of work. The RFP was closed with no award. The vendor CSC Service Works was a Sole Source Selection after the bidding process was unsuccessful. FINANCIAL IMPACTS: Truscott Apartments, Aspen Country Inn, and Marolt Ranch Housing are expected to experience a decline in revenue due to the decision to share laundry commissions with CSC Service Works. Time saving Costs – Partnering with a reliable vendor to address operational challenges can liberate staff time effectively. By outsourcing problem-solving tasks to specialists, teams can redirect their energy towards core responsibilities, enhancing efficiency and productivity. This collaborative approach not only resolves issues swiftly but also cultivates a culture of innovation and collaboration within the organization. ALTERNATIVES: No other Alternatives RECOMMENDATIONS:Staff recommends approval of the proposed Contracts between the Aspen Pitkin County Housing Authority and CSC Service Works. CITY MANAGER COMMENTS: 23 RESOLUTION #66 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND CSC SERVICE WORKS, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen and, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Contract for services between the City of Aspen and CSC Service Works, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2024. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, June 11, 2024. Nicole Henning, City Clerk 24 Expert Solutions for Your Laundry Operation :: Marolt Ranch / Aspen County Inn / Truscott Phase l & ll :: cscsw.com DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 25233 *Updated 04/23/2024 Dear Nicole & Team, The laundry business is changing, and owner/operators are re-thinking their laundry businesses and how they can most efficiently manage the things that matter most to them. Your property deserves the best that the nation’s only Total Laundry Solution provider can provide, including the latest innovations that can increase revenues while also increasing resident safety and satisfaction. Based on our input, we have identified a solution that best aligns with your needs and desired outcomes. You will benefit from the individualized support of a local team, backed by the resources of a national company. Here are some of the highlights that y ou can expect when partnering with CSC ServiceWorks: • In today’s environment, the resident demand for cashless payment options and remote monitoring has never been greater. We are making these critical features available with our digital technology. • In addition to creating a safer, more distanced laundry environment with decreased vandalism, residents using digital payment technology will likely increase laundry revenues. • You’ll also receive a guaranteed worry-free service program that includes all equipment, parts, and service at no cost or expense. This information highlights the solutions and key features of our state-of-the-art digital laundry solution. I’d be glad to answer any questions that you may have and look at availability in scheduling your installation. We thank you for your business and look forward to serving your needs. Sincerely, Joe Sanchez National Business Development Manager CSC ServiceWorks 559-244-9104 jsanchez@cscsw.com DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 26234 Proposal Summary : : Marolt Ranch Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 10 Commercial Speed Queen Washers (ADA set per room) • 10 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • CSC Ultra One Readers – Digital Laundry Room Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years • *CSC *CS DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 27235 Proposal Summary : : Aspen Country Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 5 Commercial Speed Queen Washers (ADA set per room) • 5 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • CSC Ultra One Readers – Digital Laundry Room Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 28236 Proposal Summary : : Truscott I Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 14 Commercial Speed Queen Washers (ADA set per room) • 14 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • VTM Card Machine (Credit) + GoSolo Card Readers Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 29237 Proposal Summary : : Truscott II Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 6 Commercial Speed Queen Washers (ADA set per room) • 12 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • VTM Card Machine (Credit) + GoSolo Card Readers Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 30238 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 31239 CSCS W. C OM Community Laundry Full-Service Revenue Share This Total Laundry Solution is the easiest way to get out of the laundry business NOW, with no additional service, parts, or capital expenses. We’ll handle everything while employing technologies that drive revenues and deliver convenience to your residents. This includes all aspects of digital payment technologies, collections, refunds, intelligent pricing, and merchant payment services. Administration • Reduce costs and liability while freeing up time for you and your staff • Optimize vend rates with our market based (intelligent) pricing and increase usage with resident engagement programs • Track usage, revenue, service, and satisfaction across your portfolio with real -time reporting Service & Management • Receive worry-free service from our certified technicians who receive automated service alerts from remote monitoring • We manage collections, commissions, and refunds, safely and transparently • Never worry about installing, replacing, or relocating machines again Resident Safety & Convenience • Provide in-demand digital features that are no longer just about convenience. These are now about personal safety in today’s world • Features like remote machine availability, touch-less payments and cycle alerts align with social distancing efforts • Offer coin-less & cashless payment options that access mobile wallets including the mobile app and app- less quick pay where you can just tap/scan and get started • Reduce vandalism and increase safety with less cash in the room and more informed residents Financing • Receive unlimited service, parts and machine replacements included in our monthly rate • Establish predictability in managing costs with a fixed monthly rate and no upfront costs • Keep most revenues after costs are covered through our commission plan DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 32240 CSCS W. C OM Technology Enabled Laundry Experiences Changing Environment and Demands Consumer demands have changed and are no longer just about convenience. Residents want to touch less, pay without cash, and have access to real-time information. CSC’s advanced technologies work on just about any machine to deliver safer and smarter laundry room experiences that extend from the laundry room to home and beyond. Artificial Intelligence lets consumers know when rooms are less crowded, machines are available and laundry cycles are complete. How Our Technology Works Inside the Laundry Room Secure payments are easily made by downloading the CSC GO app. Use the full featured app to view your payment and transaction history, request service or a refund and participate in rewards programs. In some configurations, residents without smartphones can use cash, debit or credit to add funds to a CSC Go wallet for faster payments. If residents don’t want to download an app, they can simply TAP or SCAN with a smartphone to use Apple Pay, Google Pay, or a credit/debit card. The in-room system includes an optical sensor that ties with machine data to help interpret traffic patterns as well as room and machine status. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 33241 CSCS W. C OM Most CSC digital laundry accounts receive BASIC access with monthly reporting on revenue, commissions, and service cases. Our PREMIUM dashboard (shown above) gives you access to real-time data on revenue, customer engagement, and case level service with the ability to track by payment type, laundry room, and more. With CSC’s Client Portal, you’ll receive: Easy-to-Use Dashboard Track revenue, commissions, service status, and more through our basic or premium dashboard. 24/7 Data Access Transition from desktop to mobile seamlessly and access data from anywhere at anytime. Real-time Analytics Learn when and where your residents do the most laundry and how they pay for it to make adjustments that increase resident satisfaction while generating more revenue. A Trusted and Secure Platform Access and analyze laundry activity on a secure cloud-based platform. Introducing CSC’s Client DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 34242 CSCS W. C OM CSC Client Insights Portal The BASIC portal option provides you access to monthly reporting on revenue, commissions, and service cases. Our PREMIUM portal gives access to real-time data on revenue, customer engagement, and case-level service with the ability to track by payment type, laundry room, and more. Click here to view Click here to view BASIC Client Portal PREMIUM Client Portal Account Overview and History Secure Cloud Portal Revenue by Month Commissions Paid by Month Service Cases by Month Filter to Specific Accounts Visual Charts for Trend Analysis Engagement Details Revenue by Payment Type - Revenue by Laundry Room - Cycles by Laundry Room - Cycles by Payment Type - Daily & Weekly Data View - App Adoption & Performance - Digital Marketing Events - Service Details Work Orders by Room - Machine History - Work Orders Average Time to Close - Work Orders by Reason Codes - Refund Details - DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 35243 IN-HOME LAUNDRY Increase marketability and value without hassle or expense. Offer reliable and modern machines on terms that work for you—including flexible leases, service agreements, equipment purchasing, or we’ll even buy your current machines. COMMERCIAL LAUNDRY We provide industrial laundry equipment and on-premise laundry services with a full spectrum of support—including site evaluation, analysis, design, financing, engineering, installation, service and more. COMMUNITY LAUNDRY From design to full management, leasing agreements and revenue sharing, we have you covered. Optimize revenue and convenience with real-time data, plus the latest in digital payment and laundry monitoring technology. AIR SERVICES Easy to use state-of- the-art tire inflation and vacuum machines equipped with modern payment technology maximize profitability and customer loyalty. Remote monitoring and best-in-class service make it effortless. 2,300 CSC Team Members Ready to Serve You. Leader DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 36244 Experience Service Beyond the Machine 150,000+ CLIENTS Trust us as their total laundry & air solutions provider 127,000 MULTI-HOUSING COMMUNITIES 22,800 GAS STATIONS AND CONVENIENCE STORES 12,500 RESIDENTIAL 6,700 HOTELS AND RESORTS 4,500 LAUNDROMATS 1,000+ COLLEGES AND UNIVERSITIES STEADFAST SERVICE There’s no good time for downtime. That’s why we enact a robust preventative maintenance program with machine- monitoring to catch issues before they arise. In the event of a problem, our local team and 24/7 Customer Support Center provide responsive service to get your machines back online as quickly as possible. INNOVATIVE PRACTICAL SOLUTIONS We leverage the latest technology to enhance convenience and ease of use for you and your end users. We marry the practical with the progressive, to deliver solutions that make sense for the real world—like machines that automatically send error codes to our technicians, text a user when their laundry is ready, accept mobile payment options, and provide real- time analytics. INVESTED IN YOUR SUCCESS We’re there when you need us, with a local team of tenured professionals ready to assist you with everything from account management to service. And speaking of service, many of our expert technicians are long-time members of the CSC family— so you can feel confident work will be performed by a familiar face looking out for your best interest. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 37245 Ready for service that works for you? cscsw.com | 844.272.9675 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 38246 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and Truscott Phase II LLLP with mailing address 18 Truscott Place, Aspen, CO 81611 (“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 39551 Highway 82, Aspen, CO 81611 and presently known as Truscott Place Phase 2 (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 6 washer(s) and 12 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 39229 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8.Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13. In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 40230 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 41231 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: Truscott Phase II LLLP Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 42232 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and City of Aspen with mailing address 130 S Galena St, Aspen, CO 81611 (“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 18 Truscott Place, Aspen, CO 81611 and presently known as Truscott Place Phase 1 (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 14 washer(s) and 14 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 43225 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8. Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13.In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 44226 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 45227 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: City of Aspen Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 46228 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and ACI Affordable 1 LLLP with mailing address 18 Truscott Place, Aspen, CO 81611 (“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 38996 Highway 82, Aspen, CO 81611, and presently known as Aspen Country Inn (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 5 washer(s) and 5 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 47221 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8. Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13. In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 48222 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 49223 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: ACI Affordable 1 LLLP Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 50224 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and CITY OF ASPEN with mailing address 427 Rio Grande Place, Aspen, CO 81611(“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 100 MAROLT PL ASPEN, CO 81611, and presently known as Marolt Ranch (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 10 washer(s) and 10 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 51217 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8. Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13. In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 52218 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 53219 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 City of Aspen DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 54220 1 REGULAR MEETING ASPEN CITY COUNCIL MAY 14, 2024 Mayor Torre called the meeting to order at 5:00 p.m. with Councilors Doyle, Hauenstein, Rose, and Guth present. Mayor Torre announced a swearing in of a new police officer, John Young. Mr. young said thank you to the entire team and thank you for the opportunity. CITIZEN COMMENTS: Eric Mandelblatt– Mr. Mandelblatt said he lives in the West End. He said he is concerned about the growing drug and homelessness and crime issue in the City of Aspen. His wife is a regular on Smuggler. She was there the day we had the knifepoint robbery. He read a friend’s email about children being safe in town. He cited some examples. It’s best for the city council to get in front of this issue before it becomes more extreme. He sees drug needles in Conner Park. He just moved here three years ago. Chris Lane – Mr. Lane is the CEO of Environmental Studies – The nature preserve is home to moose and other wildlife. It’s Aspen’s own mini-Serengeti. While we love music, we don’t love loud music. The past two winters of the Palm Tree Festival have had a big impact on wildlife. It is also disruptive to students and children. There are countless studies on the impact of noise exposure on animals. He read an excerpt from a study. He said the concert was not 100 decibels, but much louder. On behalf of ACES board of trustees, and the wildlife that can’t speak, our hope is to move the event to another location or could we find a way to turn down the volume. Their suggestion is under 80 decibels. Or possibly turn the speakers away from Hallam Lake. Alfred Menendez – Mr. Menendez said he hopes they all received the email he sent a few weeks ago. Today he is expounding on what he has outlined. He quoted the municipal code regarding no smoking signage. Mike Maple – Mr. Maple said he is here speaking about the demolition allotments. He said the lesson is the process is not working. But if you have money, you will win. This is a disaster. Rachel Richards – Ms. Richards said she is here speaking about the replacement of the Castle Creek Bridge. She has some suggestions of items to add, such as, detour routes should be staked out clearly, the trees will be clearly identified with orange taping, a mockupof needed infrastructure is needed, and the public needs to see these things. The West End neighborhoods need to be analyzed. She asked why there was no integration with the Jacobs study that was done. She listed several more questions. She said she sent the council additional information. COUNCILMEMBER COMMENTS: Councilor Doyle spoke about Iceland and removing carbon dioxide from the air. There is great news from Europe on fossil fuels. England is totally off coal. He looks forward to the day we are operating in a similar manner. Last night they spoke about diversion from the landfill. All of these initiatives we’ve been working on are to reverse the impacts of climate change. There is a lot more work to do. Councilor Rose spoke about the Aspen 360 course. He’s an alum of this program. The field trips are fun, and it will be happening this summer. Roaring Fork Outdoor Volunteers are looking for more volunteers for this summer. 55 2 REGULAR MEETING ASPEN CITY COUNCIL MAY 14, 2024 Mayor Torre said over the past week he lost a dear friend, Shane Smith. Shane is the reason he is in Aspen. They met in Florida at school. He was extremely kind, and his nickname was “Smile”. He is the reason for the smiley face on the s curve over the years. He has meant so much to this community and to him. He lived in Snowmass and with fondness, he remembers him. He is also bringing good news about the City of Aspen sponsored e-waste collection out at Marolt. This is how you get rid of any old computers. There were 300 participants this year. The staff member in attendance said he was so proud of Aspen and that it seemed like Aspen cares more than ever. RFTA was also recognized recently as a top five environmental leader in transit nationwide. There were 260 eligible organizations. CITY MANAGER COMMENTS: City Manager, Sara Ott, mentioned budgeting and financial awards. A huge shoutout to the team in finance, but also to all departments on keeping track of their funds. We are taking advantage of a little bit of quiet time in town. Painting is being done. BOARD REPORTS: Mayor Torre said he had RFTA. They will be converting the old Econo Lodge in Glenwood Springs into housing for employees. This will create 41 housing units. We do a yearly retreat in June for strategic planning. He also had CAST and said the positions are being maintained for now. Last, he had ACRA, which held their annual retreat. They spoke a lot about the state of what their role is currently. Councilor Doyle said he had APCHA. He gave a rundown on current units. He also spoke about CORE, who applied for a geothermal grant,and they did not get it, but will continue to try. Councilor Hauenstein mentioned APCHA and how to find available units and spoke about the website being ADA compliant. CONSENT CALENDAR: Councilor Guth pulled Resolution #054 and Councilor Hauenstein pulled Resolution #059. Resolution #054, Series of 2024 – APCHA 2024 Supplemental Budget – Matt Grau & Matthew Gillen Councilor Guth asked about HomeTrek. Mr. Gillen said they may move away from Salesforce, and there is always room for improvement. The public facing system is clunky. We are aware and examining ways to make it better. Resolution #059, Series of 2024 – Maroon Creek Multi- Use Trail – Matt Kuhn, John Spiess Councilor Hauenstein is concerned with the costs. Mr. Kuhn said they also don’t want to use any more of their contingency. It’s a huge project. Mayor Torre clarified where the change would be, and Mr. Spiesssaid there are two new connections. Councilor Rose motioned to approve the consent calendar; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: 56 3 REGULAR MEETING ASPEN CITY COUNCIL MAY 14, 2024 Resolution #056, Series of 2024 – Temporary and Seasonal Use Request, 111 South Garmisch Street (Mollie Aspen) – Mitch Haas and Sophie Varga Mr. Haas introduced the item and the process and said he’s coming to them tonight with staff recommending denial. They want a tent approved for no more than 75 days and not consecutive. They are asking for five years. He quoted sections of the code and explained how they meet the requirements. Ben Anderson and Ms. Varga gave the staff review. Mayor Torre motioned to approve Resolution #056 while amending Section 1 for 38 days a year for 2024; Councilor Hauenstein seconded. City Attorney, James R. True, gave a suggested motion with changes to Section 1. Councilor Guth said it would be good for trial to see a winter season and a summer season. He also suggested Section 3 be prorated. Councilor Hauensteinsaid this is a prudent and reasonable approach to this. Mayor Torre made a friendly amendment to 39 days; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Ordinance #04, Series of 2024 – Spring Supplemental – Matt Grau and Pete Strecker Mr. Grau introduced the item and briefly summarized the ordinance. Councilor Doyle motioned to approve Ordinance #04; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Resolution #061, Series of 2024 – Five Year Use Lease Request for Belly Up – Nancy Lesley and Sam Lovstad Mr. Goldberg asked that staff present first and then they will answer questions. Ms. Lesley gave a quick introduction. There is a special events committee and they have approved the requested five-year lease, so staff is recommending approval. Mayor Torre said he’s not in support of the request. Bringing the festival in, hasn’t been what fits well in that park. It’s been a departure from what he thought Belly Up was bringing. The tradeoff hasn’t lived up to it and the community doesn’t benefit as a whole. That is really important to him. He doesn’t feel like it fits in with the character of the community. He spoke about purchasing passes for a local and the issues that came with it. Councilor Rose said he respectfully disagrees. He thinks a 5-year agreement is amazing. He felt that a wide demographic attends and offers euphoric happiness. 57 4 REGULAR MEETING ASPEN CITY COUNCIL MAY 14, 2024 Councilor Guth said he echoes everything Councilor Rose said. He commended them on how professional and safe the event was. He said he thinks this helps backfill the lack of music at X-Games and is super supportive of five years. Mayor Torre thinks Buttermilk is a more appropriate place for this. He asked about turning the stage in the other direction for ACES. He would like to hear comments on that. Councilor Hauensteinsaid he’s heard complaints on soundchecks and would like to explore the possibility of facing it the other direction. He hasn’t seen anything done better than the last two years of Palm Tree, however. The event isn’t for everyone, but neither is Snow Polo. He would like to support it, but he would like the free public concert also included in that. Councilor Doyle said he enjoyed it. He has heard a lot of supporters and a lot of detractors. The noise is an issue for him. He mentioned a possible venue change. He said he is hesitant to go for five years on this but would like to land somewhere in the middle. Mr. Goldberg introduced himself and said there are three partners involved in Palm Tree festival and is primarily run by his two sons. It’s branded as Palm Tree because it’s a well-known festival throughout the world by Kygo. There is a misconception about who is running it. He spoke about service fees, but said the local tickets are half price. There are $600-$700 local tickets are available. They learned a lot the past couple of years. He spoke about repositioning the stage and said the way it is now is effective for protecting more residents. We can look at it, but a realignment might create a bigger problem. We are already way behind in terms of talent and who wants to book ahead of time. We need to have a longer projection. We a proud of what we’ve done for the city of Aspen. We provided a third-party independent analysis of the economic impact for the business community. They were aware of ten noise complaints in total. Councilor Hauenstein said he would like a free concert baked into the approval. Mr. Goldberg said he would like some partnership with the city to pay for a free concert. Councilor Rose motioned to approve with a contractual free concert included; Councilor Guth seconded. Mayor Torre is too hesitant to approve five years, but he would consider other timeframes. Roll call vote: Doyle, no; Guth, yes; Hauenstein, yes; rose, yes; Torre, no. 3-2, motion carried. Resolution #055, Series of 2024 – 114 Westview Drive – Haley Hart and Ben Anderson Ms. Hart gave a background on the property. She said the owner is Jeffrey Brucato. She said they have met the criteria and staff is recommending approval. Garrett Larimer with Kreamer Land Planning was present and gave his presentation. Councilor Guth asked how much money the client has spent. Mr. Larimer said he would like to keep the conversation to the review criteria of the ask. Councilor Doyle motioned to approve; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Mayor Torre called for a dinner break. 58 5 REGULAR MEETING ASPEN CITY COUNCIL MAY 14, 2024 Council reconvened at 8:07 p.m. Resolution #044, Series of 2024 – Provision of Required Affordable Housing via Fee-In- Lieu Payment – Chris Bendon, Sophie Varga and Ben Anderson Mr. Bendon introduced the item with his presentation. Sophie showed the list of properties included in this request and said staff recommends approval. Councilors Guth and Rose spoke about not liking the process again. Councilor Guth motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Resolution #062, Series of 2024 – Settlement Agreements – James R. True Mr. True introduced the item and said Chris Bryan and Jodi Edwards are also here on behalf of the applicants. He said he does not wish to go through the history of the program but focus on the matter at hand. He explained how these appeals came to be. The agreements being proposed, are consistent with the code. Councilor Guth asked if they are all similar. Mr. True said he won’t get into details, but he doesn’t see significant differences. Councilor Guth asked if Mr. True thinks the city would win. Mr. True said we believe our stance is defensible. Councilor Guth asked about specific arguments that would be posed. Mr. True said he will not discuss this outside of executive session. Councilor Rose asked about having individual legal counsel on these. Mr. True said that is ok, but no direction can be given, but they could give direction in an executive session. He explained the value of holding an executive session for issues like this. Ms. Ott agreed and echoed Mr. True’s sentiments on the value of having executive sessions. Mayor Torre said he doesn’t think these should all come from 2025. Diversion should be executed successfully. He’s a little on the fence. Councilor Rose spoke about Chrissie Pope again. Councilor Hauensteinsaid he would have appreciated having an executive session and he doesn’t have all the information so he cannot support it. Councilor Rose motioned to approve; Councilor Guth seconded. Mayor Torre said he has potential to support this, but not because of threatened litigation but because it meets the community’s expectations. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, no; Rose, yes; Torre, yes. 4-1, motion carried. EXECUTIVE SESSION: Mr. True introduced the Executive Session: 59 6 REGULAR MEETING ASPEN CITY COUNCIL MAY 14, 2024 Councilor Rose motioned; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried at 8:59 p.m. ______________________ City Clerk, Nicole Henning 60 Page 1 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Memorandum TO: Aspen City Council THRU: Ben Anderson, Community Development Director FROM: Jeffrey Barnhill, Senior Planner MEETING DATE: Tuesday, June 11, 2024 RE: 808 Cemetery Lane – Red Butte Cemetery – Minor Planned Development (PD) Amendment to Project Review Standards, Growth Management Quota System (GMQS) review, and a Minor Planned Development Amendment for Use Variations, 1ST READING, NOT A PUBLIC HEARING APPLICANT /OWNER: Red Butte Cemetery Association, 808 Cemetery Lane, Aspen, CO 81611 REPRESENTATIVE: Alan Richman, Alan Richman Planning Services, LLC, P.O. Box 3613, Aspen, CO 81612 LOCATION: Street Address: 808 Cemetery Lane, Aspen, CO 81611 Legal Description: Red Butte Cemetery, According to the Final PUD Plat Thereof Recorded July 11, 2012 in Plat Book 100 at Page 38 Parcel Identification Number: PID# 2735-122-00-851 CURRENT ZONING & USE Park (P); Planned Development (PD) Overlay PROPOSED ZONING & USE: Proposed change in use to allow a deed restricted affordable housing unit. SUMMARY: 808 Cemetery Lane, Red Butte Cemetery, is an AspenVictorian designated property containing a cemetery, a Victorian-era cabin and outhouse, and a non-historic maintenance facility. The applicant requests approval for a Minor Amendment to Project Review Standards, a Growth Management Quota System review, and a Minor Amendment for Use Variations to establish a deed restricted affordable housing unit on site in the existing maintenance facility. The applicant requests no exterior changes to the site. STAFF RECOMMENDATION: Staff supports the application and recommends approval with the conditions outlined in the draft resolution. Site Locator Map – 808 Cemetery Lane. 61 Page 2 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 808 Cemetery Lane is a 16.8 -acre lot in the Park (P) Zone District with a Planned Development (PD) overlay. The property contains a historic cemetery, Victorian era cabin and outhouse, and a maintenance facility. Newspaper records dating back to 1901 indicate that, historically, a caretaker for the cemetery lived on site in the Victorian era cabin. Approximately 15-20 years ago, the Red Butte Cemetery Association began to deal with some significant maintenance issues. Specifically, the cemetery is lined with more than 200 narrow-leaf cottonwood trees that are over 100 years old. This task coupled with the increased maintenance of the cemetery plots, snow removal, and other general maintenance led to the Association to request a permanent on -site maintenance facility. In 2009, City Council approved a consolidated PUD review, an amendment to the official zone district map, and a GMQS review for Essential Public Facility for the construction of the Maintenance Facility and the restoration of the Victoria-era cabin and outhouse. During the 2009 approval process, the Red Butte Cemetery Association sought to allow an employee housing unit on site for the long-term employee who lived outside of the Roaring Fork Valley. This proved to be a contentious issue in 2009. Part of Ordinance No. 21, Series of 2009 stipulated that, “the maintenance facility shall not be used as a living unit or as a place to sleep overnight.” The Red Butte Cemetery Association approached the subject again in 2014 and requested the removal of the above stipulation so that the employee could sleep overnight from time -to-time. This was approved via City Council Ordinance No. 30, Series of 2014 as a conditional, one year approval of a deed restricted housing unit. The Association did not seek re-approval after the one- year approval. The applicant now requests permanent approval of the space as an affordable housing unit for its employee. REQUEST OF CITY COUNCIL: The Applicant requests the following approvals from City Council. The Aspen Historic Preservation Commission recommended, by a vote of six to zero, approval of this project. The application will now be reviewed for a final decision from City Council: Figure 1. Red Butte Cemetery (Aspenvictorian.com) Figure 2. Red Butte Cemetery, 2015 (Aspenvictorian.com) 62 Page 3 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com • Minor Planned Development Amendment to Project Review Standards (Section 26.445.050) for the dimensional request to allow the use of 352 square feet of an existing building for an affordable housing unit. This triggered review by the HPC as the site is a designated historic site. • Use Variation Request (Section 26.445.060) for a use variation allowing Residential as an approved use on the site. • Growth Management Quota System Review (Sections 26.470.010, 26.470.080, and 26.470.100) for a GMQS Affordable Housing allotment to allow for a deed restricted affordable housing unit on site. PROJECT SUMMARY: The applicant proposes utilizing 352 square feet of the existing 1,280 square feet non-historic maintenance facility on site for a permanent deed restricted affordable housing unit. The current maintenance facility includes an office and equipment maintenance area. This request will not alter the internal configuration of the maintenance facility. There will be no exterior improvements on site with this approval. This is a voluntary deed restriction and does not include the issuance of any Affordable Housing Credits. Figure 3. Existing Unit Configuration Figure 4. Proposed Unit Configuration 63 Page 4 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com STAFF COMMENTS: Project Review Standards – Section 26.445.050 (Exhibit A) Staff reviewed the Project Review Standards and found that all standards were either met or not applicable. The proposed development is consistent with adopted regulatory plans. The proposal complies with the 2012 Aspen Area Community Plan by providing housing for a member of Aspen’s workforce. Specifically, the proposed development complies with Housing Policies: I.2. Deed-restricted housing units should be utilized to the maximum degree possible. II.1. The housing inventory should bolster our socioeconomic diversity. IV.2. All affordable housing must be located within the Urban Growth Boundary. IV.3. On-site housing mitigation is preferred. The 2012 Aspen Area Community Plan also mentions that: “This plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond the City and County governmental structures, and continuing to pursue affordable housing projects on available public land through a transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen and Pitkin County, 2012, page 38). This means private parties are integral in creating workforce and affordable housing in lieu of all affordable housing opportunities being initiated by the City or County. Ordinance #21, Series of 2009 approved the Red Butte Cemetery PUD, a GMQS review for an Essential Public Facility, and the creation of the 1,280 sq. ft. maintenance facility on site. This ordinance also set the dimensional requirements for the site. The maximum external floor area ratio for the maintenance building was 1,300 sq. ft. and 275 sq. ft. of floor area for the Victorian cabin and outhouse. This ordinance also included a list of conditions for the property. Specifically, Section 1f prohibited the use of the maintenance facility from being used as a living unit or as a place to sleep overnight. The applicant proposes amending the dimensional requirements to set a maximum of 1,300 square feet, comprising approximately 928 square feet for a maintenance area/work room and 352 square feet for an affordable housing unit. Maximum External Floor Area Maintenance building: 1,300 sq. ft. of floor area consisting of 352 sq. ft. for the affordable housing unit and 928 sq. ft. for the maintenance work room. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area Table 1: Proposed Dimensional Standards 64 Page 5 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Additionally, the proposed development is located on suitable land for development. The proposed development does not involve any exterior improvements, it simply involves the interior changes required to turn part of the maintenance facility into a deed r estricted affordable housing unit. As mentioned previously, staff finds that all criteria are adequately addressed and met for the Minor Amendment to a Project Review Approval. Use Variation Standards – Section 26.445.060 (Exhibit B) The applicant proposes to allow a residential use in the Park (P) zone district. This zone district does not permit or conditionally allow residential uses. Interestingly enough, a cemetery is not an allowed or conditional use in the Park zone district. The proposed use variation is compatible with the character of existing and planned land uses in the area. The Cemetery has existed for approximately 125 years and the Cemetery has existed prior to all residential development in the immediate vicinity. The proposed use variation, to allow a deed restricted affordable housing unit, is effectively incorporated into the project’s overall mix of uses as it will directly support the maintenance and upkeep of the Red Butte Cemetery. As mentioned by the applicant, “this will allow the Association to enhance the upkeep of this historic property by having an on -site ‘caretaker’ for the property who provides a regular presence on this site.” It is important to note that a caretaker has historically lived on this site as far back as 1901. According to an article from 1901 in The Aspen Democrat, “On Evergreen Avenue and this ground the house of the sexton stands facing the entrance to the cemetery…The house of the sexton is located on the grounds as stated and he lives in the house all the year.” 1 This demonstrates that historically a caretaker has lived, year -round, on this site. Additionally, George Jenkinson, was listed as a caretaker at the Red Butte Cemetery during the 1920, 1930, and 1940 Censuses. Staff is unsure if he lived on site while he was caretaker. Maintenance is a significant issue for aging sites and structures. Allowing the maintenance caretaker to live in the deed restricted affordable housing unit could positively affect the upkeep of the cemetery as a whole. The trees, and other vegetation, aro und the grounds contribute significantly to the character of the cemetery landscape. According to the National Park Service Cemetery Preservation Course, “Over time, woody plants mature and decline due to age and disease. Dead branches in specimen trees can pose threats to visitors, monuments, and structures. Proper maintenance, including pruning, integrated pest management, and periodic replacement ensures that character-defining vegetation remains a part of the cemetery.”2 1 The Aspen Democrat “Interesting Report of the Red Butte Cemetery Association from April 6, 1899, to April 1, 1901” April 7, 1901 - Exhibit H 2 https://www.nps.gov/articles/000/cemetery-preservation-course-landscapes-and-vegetation.htm 65 Page 6 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com In theory, the more that the maintenance worker can be on site, the more thorough maintenance strategies that may be achieved. This would also restore a historic use to the site. The location, size, and design of the property are not changing from an exterior perspective. The Association proposes instructing the employee that they cannot make any exterior changes as part of the lease. The operating characteristics will remain largely unchanged. The only change is that the employee will be on site more often than currently. The employee shall be able to use the Victorian cabin on site for personal storage purposes. The proposed use variation complies with applicable adopted regulator y plans. A live-in caretaker, a sexton, has been an intentional and integral part of the Red Butte Cemetery since its inception. As exemplified by Ute and Aspen Grove Cemeteries, preserving inactive historic cemeteries is cumbersome. Maintaining vegetation, managing visitors, and mitigating climate caused deterioration in an active historic burial ground without hastily adding to the damage takes time and dedication. A live-in caretaker on this site has the possibility of preserving the historic integrity of this p recious cultural landscape in the City of Aspen. Growth Management Quota System Sections 26.470.010, 26.470.080, 26.470.100 (Exhibit C) There are unlimited allotments available for Residential – Affordable Housing units. As mentioned previously, the development of affordable housing on this site meets several of the Housing Policies in the 2012 Aspen Area Community Plan. The proposed devel opment does not include any exterior changes or additional floor area. The development does not require any additional public facilities to accommodate this project. The development does not overextend the community’s ability to provide support services. The proposed unit will be owned by the Red Butte Cemetery Association. The unit will be deed restricted according to applicable APCHA standards. APACHA has listed conditions for the Ordinance if passed. Lastly, the unit will be offered to the Red Butte Cemetery employee rent-free and the employee will be paid by the Cemetery Association as occurs now. REFERRAL COMMENTS (Exhibit E): The application was referred out to the Building Department and the Aspen Pitkin County Housing Authority who have requirements that will affect the Ordinance and permit review. Building had no initial comments and will re-review at time of building permit. APCHA recommends that: • The unit be specifically for the employee of the Red Butte Cemetery Association; • A deed restriction approved by APCHA must be recorded on the unit; • The employee must still qualify with APCHA prior to occupying said unit as well as requalifying every two years as required by the Regulations; • Said employee does not have to meet the minimum number of hours of 1,500 hours; however, must work the time specified in the application for the Red Butte Cemetery Association (spring, summer, fall, and snow plowing the roads in winter); • The employee cannot own any other residential property with the ownership exclusion zone as 66 Page 7 of 7 427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com specified by the APCHA Regulations; • The unit shall be classified as a Category RO, but the rental rate will be based on the employee’s category. HPC RECOMMENDATIONS: HPC recommends that City Council approve the proposal provided that the applicant install landscaping to provide adequate privacy screening for the affordable housing unit consistent with previous approvals or provide an acceptable landscape plan to be approved by staff and an HPC project monitor. This is provided as a condition of approval in Section 3: Landscaping of the Ordinance. RECOMMENDATION: Staff recommends that City Council approve the ordinance on First Reading and set a public hearing date to review the application. The following motion can be made: “I move to approve Ordinance #07, Series of 2024 on First Reading and set a public hearing (Second Reading) for June 25, 2024.” CITY MANAGER COMMENTS: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ ATTACHMENTS: Ordinance #07, Series of 2024 Exhibit A – Staff Response Project Review Standards Exhibit B – Staff Response Use Variation Standards Exhibit C – Staff Response GMQS Standards Exhibit D – Application Exhibit E – Referral Comments Exhibit F – Consolidated Public Comments through 6/3/2024 Exhibit G – Red Butte Cemetery Article 1901 67 Council Ordinance #07, Series of 2024 Page 1 of 3 ORDINANCE #07 (SERIES OF 2024) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED DEVELOPMENT PROJECT REVIEW AMENDMENT, A USE VARIATION REVIEW, AND A GROWTH MANAGEMENT REVIEW FOR THE ESTABLISHMENT OF A PERMANENT DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE PROPERTY LOCATED AT 808 CEMETERY LANE; RED BUTTE CEMETERY, ACCORDING TO THE FINAL PUD PLAT THEREOF RECORDED JULY 11, 2012 IN PLAT BOOK 100 AT PAGE 38; CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-122-00-851 WHEREAS, the applicant, Red Butte Cemetery Association, 808 Cemetery Lane, Aspen, CO 81611, represented by Alan Richman, Alan Richman Planning Services, LLC, P.O. Box 3613, Aspen, CO 81612, has requested Council approval for a Planned Development Project Review Amendment, a Use Variation review, and a Growth Management Quota System review for the property located at 808 Cemetery Lane, Red Butte Cemetery, City of Aspen, Pitkin County, Colorado; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommends approval; and, WHEREAS, on April 24, 2024, during a duly noticed public hearing, the City of Aspen Historic Preservation Commission approved Resolution #04, Series of 2024, by a six to zero (6- 0) vote, recommending approval of the request for Planned Development – Project Review, Use Variation review, and Growth Management Review, with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the recommendation of the Community Development Director, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on June 11th, 2024 and approved Ordinance #07, Series of 2024 in a xx to xx (__ to __) vote at First Reading; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on June 25th, 2024, and approved Ordinance #07, Series of 2024 in a xx to xx (__ to __) to approve the request; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES THE FOLLOWING: 68 Council Ordinance #07, Series of 2024 Page 2 of 3 Section 1: Planned Development Dimensional Standards The Historic Preservation Commission recommends approval to develop the affordable housing unit upon the following dimensional standards: Maximum External Floor Area Maintenance building: 1,300 sq. ft. of floor area consisting of 352 sq. ft. for the affordable housing unit and 928 sq. ft. for the maintenance work room. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area Section 2: Aspen Pitkin County Housing Authority Conditions of Approval 1. The unit be specifically for the employee of the Red Butte Cemetery Association. 2. A deed restriction approved by APCHA must be recorded on the unit. 3. The employee must still qualify with APCHA prior to occupying said unit as well as requalifying every two years as required by the Regulations. 4. Said employee does not have to meet the minimum number of hours of 1,500 hours; however, must work the time specified in the application for the Red Butte Cemetery Association (spring, summer, fall, and snow plowing the roads in winter). 5. The employee cannot own any other residential property with the ownership exclusion zone as specified by the APCHA Regulations. 6. The unit shall be classified as a studio, Category RO, and the rental rate will be based on the employee’s category. Section 3: Landscaping The applicant will install landscaping to provide adequate privacy screening for the affordable housing unit consistent with previous approvals or provide an acceptable landscape plan to be approved by staff and an HPC project monitor. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 5: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 69 Council Ordinance #07, Series of 2024 Page 3 of 3 INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 11th day of June 2024. ATTEST: ___________________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a X to X (X-X) vote on this 25th day of June 2024. Approved as to form: Approved as to content: ____________________________ ________________________ James R. True, City Attorney Torre, Mayor Attest: ____________________________ Nicole Henning, City Clerk 70 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 1 of 5 Project Review Standards Section 26.445.050 (a) Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Response: The proposed development is consistent with adopted regulatory plans. The proposal complies with the 2012 Aspen Area Community Plan by providing housing for a member of Aspen’s workforce. Specifically, the proposed development complies with Housing Policies: I.2. Deed-restricted housing units should be utilized to the maximum degree possible. II.1. The housing inventory should bolster our socioeconomic diversity. IV.2. All affordable housing must be located within the Urban Growth Boundary. IV.3. On-site housing mitigation is preferred. The 2012 Aspen Area Community Plan also mentions that: “this plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond the City and County governmental structures, and continuing to pursue affordable housing projects on available public land through a transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen and Pitkin County, 2012, page 38). This means private parties are integral in creating workforce and affordable housing in lieu of all affordable housing opportunities being initiated by the City or County. The property received approval to construct the maintenance facility pursuant to Ordinance #21, Series of 2009. In 2014, the Red Butte Cemetery Association received approval for internal floor plan changes to accommodate an employee sleeping on the property from time to time. Additionally, City Council approved a conditional, one year deed restricted housing unit. The applicant now seeks permanent approval for an affordable housing unit for its employee. The Association would pay the employee for their work and would not charge the employee rent. Staff finds this criterion is met. (b) Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29—Engineering 71 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 2 of 5 Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The proposed development is located on suitable land for development. The proposed development does not involve any exterior improvements, it simply involves the interior changes required to turn part of the maintenance facility into a deed restricted affordable housing unit. Staff finds this criterion is met. (c) Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: (1) The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. (2) The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. (3) Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: No changes are proposed to the site plan. The only changes proposed are interior changes to accommodate a dwelling unit. Staff finds this criterion not applicable. (d) Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: (1) There exists a significant community goal to be achieved through such variations. (2) The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. (3) The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources 72 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 3 of 5 (4) The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. (5) The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110—Amendments. Staff Response: Ordinance #21, Series of 2009 approved the Red Butte Cemetery PUD, a GMQS review for an Essential Public Facility, and the creation of the 1,280 sq. ft. maintenance facility on site. This ordinance also set the dimensional requirements for the site. The maximum external floor area ratio for the maintenance building was 1,300 sq. ft. and 275 sq. ft. of floor area for the Victorian cabin and outhouse. This ordinance also included a list of conditions for the property. Specifically, Section 1f prohibited the use of the maintenance facility from being used as a living unit or as a place to sleep overnight. The applicant proposes amending the dimensional requirements to set a maximum of 1,300 square feet, comprising approximately 928 square feet for a maintenance area/work room and 352 square feet for an affordable housing unit. The applicant is prepared to reflect these changes in a PD plat; however, staff does not believe that a PD plat would be the appropriate document for this proposal. There exists a significant community goal, development of affordable housing, to be achieved with the variation of the dimensional requirements to allow the deed restricted affordable housing unit on site. A deed restricted affordable housing unit in an already existing building is a viable, sustainable outcome. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. There is prior precedent on this site of a caretaker living on the grounds of the cemetery as far back as 1901. There is also prior precedent of City Council allowing overnight stay by the caretaker. The caretaker supports the management and maintenance of the many distinct issues that cemeteries face. One need only look at Ute Cemetery and Aspen Grove Cemetery to see a potential outcome of inadequate maintenance. Additionally, preservation of our pristine cultural landscapes (Red Butte Cemetery) is vital to the mission of the Historic Preservation program in the City of Aspen. Allowing a caretaker unit on site would allow for better management and preservation outcomes for the cemetery itself. If a unit is established on this site for the caretaker, that would restore the historic use of this property. Staff finds this criterion is met. (e) Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 73 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 4 of 5 (1) The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. (2) The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Response: No changes are proposed to the design of the development. Staff finds this criterion not applicable. (f) Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The city may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The proposed development does not improve pedestrian, bicycle, or transit facilities; however, it does not affect the existing pedestrian, bicycle, and transit facilities. The development simply involves the changes necessary to accommodate a dwelling unit in the existing building on site. The affordable housing unit is located next to the Cemetery Lane bus route, WeCycle bicycle station, and the ABC trail. The effects on traffic are negligible. The worker currently maintaining the cemetery drives to and from Aspen currently. This development will remove at least one person from the downvalley traffic into and out of Aspen. Staff finds this criterion not applicable. (g) Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: This development proposal does not include any changes to the site design. Staff finds this criterion not applicable. (h) Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. 74 Exhibit A – Project Review Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 5 of 5 Staff Response: The proposed development does not require additional infrastructure or facilities to serve it. Staff finds this criterion not applicable. (i) Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The proposed development does not propose any changes to the current access and circulation on site. Staff finds this criterion not applicable. 75 Exhibit B – Use Variation Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 1 of 2 Sec. 26.445.060. - Use Variation Standards. A development application may request variations in the allowed uses permitted in the zone district. The burden shall rest upon an applicant to show the reasonableness of the request and its conformity to the standards and procedures of this Chapter and this Title. The permitted and conditional uses allowed on the property according to its zoning shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review. Any use variation allowed shall be specified in the ordinance granting Project Review approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following standards related to Use Variations: (a) The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. (b) The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. (c) The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. (d) The proposed use variation complies with applicable adopted regulatory plans. Staff Response: The proposed use variation is compatible with the character of existing and planned land uses in the area. The Cemetery has existed for approximately 125 years and the Cemetery has existed prior to all residential development in the immediate vicinity. The zoning around the cemetery is almost exclusively residential. The proposed use variation, to allow a deed restricted affordable housing unit, is effectively incorporated into the project’s overall mix of uses as it will directly support the maintenance and upkeep of the Red Butte Cemetery. As mentioned by the applicant, “this will allow the Association to enhance the upkeep of this historic property by having an on-site ‘caretaker’ for the property who provides a regular presence on this site.” It is important to note that a caretaker has historically lived on this site as far back as 1901. According to an article from 1901 in The Aspen Democrat, “On Evergreen Avenue and this ground the house of the sexton stands facing the entrance to the cemetery…The house of the sexton is located on the grounds as stated and he lives in the house all the year.” This demonstrates that historically a caretaker has lived, year-round, on this site. Additionally, George Jenkinson, was listed as a caretaker at the Red Butte Cemetery during the 1920, 1930, and 1940 Censuses. Staff is unsure if he lived on site while he was caretaker. The location, size, and design of the property are not changing from an exterior perspective. The Association proposes instructing the employee that they cannot make any exterior changes as part of the lease. The operating characteristics will remain largely unchanged. The only 76 Exhibit B – Use Variation Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 2 of 2 change is that the employee will be on site more often than currently. The employee shall be able to use the Victorian cabin on site for personal storage purposes. The proposed use variation complies with applicable adopted regulatory plans. A live-in caretaker, a sexton, has been an intentional and integral part of the Red Butte Cemetery since its inception. As exemplified by Ute and Aspen Grove Cemeteries, preserving inactive historic cemeteries is cumbersome. Maintaining vegetation, managing visitors, and mitigating climate caused deterioration in an active historic burial ground without hastily adding to the damage takes time and dedication. A live-in caretaker on this site has the possibility of preserving the historic integrity of this precious cultural landscape in the City of Aspen. Staff finds this criterion is met. 77 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 1 of 4 Sec. 26.470.010 Growth Management Quota System - Purpose The Applicant seeks a Growth Management Quota System (GMQS) Affordable Housing allotment to allow for a deed restricted affordable housing unit on site. (a) Implement the goals and policies for the City and the Aspen Area Community Plan; Staff Response: The proposal implements the goals and policies for the 2012 Aspen Area Community Plan by providing housing for a member of Aspen’s workforce. Specifically, the proposed development complies with Housing Policies: I.2. Deed-restricted housing units should be utilized to the maximum degree possible. II.1. The housing inventory should bolster our socioeconomic diversity. IV.2. All affordable housing must be located within the Urban Growth Boundary. IV.3. On-site housing mitigation is preferred. The 2012 Aspen Area Community Plan also mentions that: “this plan emphasizes the need to spread accountability and responsibility for providing affordable housing units beyond the City and County governmental structures, and continuing to pursue affordable housing projects on available public land through a transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen and Pitkin County, 2012, page 38). This means private parties are integral in creating workforce and affordable housing in lieu of all affordable housing opportunities being initiated by the City or County. The property received approval to construct the maintenance facility pursuant to Ordinance #21, Series of 2009. In 2014, the Red Butte Cemetery Association received approval for internal floor plan changes to accommodate an employee sleeping on the property from time to time. Additionally, City Council approved a conditional, one year deed restricted housing unit. The applicant now seeks permanent approval for an affordable housing unit for its employee. The Association would pay the employee for their work and would not charge the employee rent. Staff finds this criterion is met. (b) Ensure that growth and development occurs in an orderly and efficient manner in the City; Staff Response: The proposed development does not include any exterior changes or additional floor area. Staff finds this criterion is met. (c) Ensure sufficient public facilities are present to accommodate growth and development; 78 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 2 of 4 Staff Response: The development does not require any additional public facilities to accommodate the project. Staff finds this criterion is met. (d) Ensure that growth and development is designed and constructed to maintain the character and ambiance of the City; Staff Response: This development is located outside of the Aspen infill area. The proposal will help the City reach its goals on affordable housing within the Urban Growth Boundary. Staff finds this criterion is met. (e) Ensure the presence of an adequate supply of affordable housing, businesses and events that serve the local, permanent community and the area’s tourist base; Staff Response: The proposed development would allow a deed restricted affordable housing unit on site ensuring the presence of an adequate supply of affordable housing. Staff finds this criterion is met. (f) Ensure that growth and development does not overextend the community’s ability to provide support services, including employee housing, traffic control and parking; and, Staff Response: The development does not overextend the community’s ability to provide support services. Staff finds this criterion is met. (g) Ensure that the resulting employees generated, and impacts created by development and redevelopment are mitigated by said development and redevelopment. Staff Response: No employees are generated by this development, rather it serves to house an existing employee. Staff finds this criterion is met. Sec. 26.470.080 Growth Management Quota System – General Review Standards (a) Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi-year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. 79 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 3 of 4 Staff Response: The applicant requests one Residential – Affordable Housing allotment. There is no annual limit on the amount of Affordable Housing developments. Thus, sufficient allotments are available for this project to proceed. Staff finds this criterion is met. (b) Development conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site-specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Staff Response: The applicant requests a use variation for the project as residential – affordable housing is not an allowed or conditional use. The applicant requires PD Amendment approval to support the use of the structure as a full-time deed restricted affordable housing unit. If these reviews are approved by City Council, the development will conform with all applicable requirements and limitations. Staff finds this criterion is met. (c) Public infrastructure and facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Response: This development requires no upgrades to the public infrastructure or facilities. The required infrastructure is already in place at the maintenance facility. The proposed development does not overextend the community’s ability to provide support services. Staff finds this criterion not applicable. (d) Affordable housing mitigation. Staff Response: The proposed development is affordable housing and does not require affordable housing mitigation. Staff finds this criterion not applicable. Sec. 26.470.100 GMQS Planning and Zoning Commission Applications (c) Affordable Housing. The development of affordable housing that does not qualify for administrative review and approval under the criteria established in Section 26.470.090(c), shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080, and all other applicable review criteria of this Title. If the affordable housing project is located in a historic district or on a historically designated property, the Historic Preservation Commission is the review body for this review. Additionally, the following shall apply to all affordable housing development: (1) The proposed units shall be deed-restricted as “for sale” units and transferred to qualified purchasers according to the Aspen Pitkin County Housing Authority 80 Exhibit C – GMQS Standards Review Criteria Staff Findings 808 Cemetery Lane - Red Butte Cemetery City Council Page 4 of 4 Regulations. The developer of the project may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Aspen Pitkin County Housing Authority Regulations, as amended. Staff Response: The unit is proposed to be a rental unit and will not be deed-restricted as “for sale” as allowed for non-profit organizations, employers, or government/quasi- government institutions. Staff finds this criterion is met. (2) The proposed units may be rental units, including but not limited to rental units owned by an employer, government or quasi-government institution, or non- profit organization if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing associated for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Staff Response: The proposed unit will be owned by the Red Butte Cemetery Association. The unit will be deed restricted according to applicable APCHA standards. APCHA has listed conditions for the Ordinance if passed. The unit will be offered to the Red Butte Cemetery employee rent-free and the employee will be paid by the Cemetery Association. Staff finds this criterion is met. (3) A combination of “for sale” and rental units is permitted. Staff Response: The applicant proposes one rental unit. Staff finds this criterion not applicable. 81 82 83 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 1 I. INTRODUCTION This is an application requesting that the Aspen City Council approve an amendment to the adopted PUD plan for the Red Butte Cemetery so that a portion of the maintenance facility can be used as a deed restricted affordable housing unit. The Cemetery's street address is 808 Cemetery Lane and its Pitkin County Parcel ID# is 273512200851. The owner of the property is the Red Butte Cemetery Association, a Corporation (hereinafter, "the applicant", or “the Association”), which obtained a deed to the property in 1899. Proof of the ownership of the property and a legal description of the property are provided by Exhibit #1, a Certificate of Ownership prepared by Aspen Title & Escrow, LLC. A letter from the applicant authorizing Alan Richman Planning Services to submit this application is provided as Exhibit #2. Several pre-application discussions were held with representatives of the Community Development Department prior to the submission of this application. The Pre-Application Conference Summary (Exhibit #3) directs the applicant to respond to the following Code sections: Sec. 26.445.110: Planned Development Amendments (Minor Amendment); Sec. 26.445.050: Planned Development - Project Review Standards; Sec. 26.445.060: Planned Development – Use Variation Standards; Sec. 26.470.100: GMQS P&Z Applications – Affordable Housing; and Sec. 26.540.070 Certificates of Affordable Housing Credit. Sections IV, V and VI of this application provide responses to the standards of the Aspen Land Use Code which apply to the Planned Development and GMQS review procedures. Please note, however, that a response to the standards of Sec. 26.540.070 has not been provided because the applicant has decided not to request an affordable housing credit as part of this project. First, however, Sections II and III of this application provide some background information about the property, followed by a brief summary of the proposed housing proposal. 84 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 2 II. BACKGROUND INFORMATION/EXISTING CONDITIONS SUMMARY The Red Butte Cemetery Association was incorporated in the 1890's for the purpose of establishing one of Aspen's original cemeteries. In 1899, the Association acquired land from surrounding ranchers and water rights from Castle Creek. It has operated since that time as a non-profit corporation governed by a volunteer board of directors. The property on which the Cemetery is located consists of approximately 16.8 acres of land that is zoned Park/PUD. The property is also designated by the City as an historic landmark (H). PUD approval for the development of a maintenance facility on the property was granted by the Aspen City Council pursuant to Ordinance 21, Series of 2009 (attached as Exhibit #4). The PUD Plat for the Red Butte Cemetery is recorded in Plat Book 100 @ Pages 38-39. A copy of that plat is included in this application booklet. A vicinity map showing the entire Cemetery property and the surrounding neighborhood has been provided. The map illustrates the vast area of the Cemetery in relationship to the neighboring residential lots. These lots surround the Cemetery on three sides (north, south and west). Surrounding subdivisions include the Castle Creek Subdivision, Snowbunny Subdivision, West Meadow Subdivision, and Black Birch Estates. A site survey of the Cemetery, prepared by Aspen Surveys, has also been provided. It shows that the Cemetery is organized into numerous burial blocks with north/south and east/west roads to ensure its orderly development. The plat, vicinity map and site survey illustrate that the Cemetery property generally consists of three areas, these being: 1. The front (southerly) portion, which is the historic portion of the property, which has been actively used for cemetery plots for nearly 125 years. 2. The rear (northerly) portion, which has been platted with roads and burial plots for future development as an extension of the developed southern portion, and which has recently begun to be used as a burial area. This is the area where the new maintenance facility was constructed in 2012. 3. The area below the top of the bank, which drops down toward Castle Creek. This area is steep and undeveloped and remains in a relatively natural state. The southern portion of the Cemetery is organized around two primary features: the burial plots and headstones, which are in ordered rows; and the cottonwood trees, which line the dirt paths in this part of the Cemetery. There is also a small Victorian-era cabin with an associated small out-house located in the southeastern corner of the property. 85 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 3 The southern portion of the Cemetery contains approximately 4,200 burial sites. The vast majority of these sites are either occupied or committed to individuals and groups. In recent years the Cemetery has experienced in the range of 10 to 15 burials per year, plus a number of cremations. If this trend continues, or even if it accelerates to some degree, there is sufficient capacity in the developed portion of the Cemetery to accommodate the community's needs for several decades. About 15-20 years ago the Cemetery Board began to deal with some serious issues of deferred upkeep of the property. The property is graced by more than 200 narrow-leaf cottonwood trees that are more than 100 years old. These trees are a critical element of the visual character of the historic Cemetery. Many of these trees were found to be nearing the end of their normal life span and require regular pruning, removal and replacement. The Association initiated this replacement process and has worked with the City Forester to ensure that this important resource remains vibrant for generations to come. The Association has also worked with the City Forester to phase out some evergreen trees that were planted in the northerly portion of the developed area but have proven to be problematic. An update of the Cemetery’s irrigation system was also completed, including a new head gate at the Holden Ditch and a new underground sprinkler system. The Association then began the process of obtaining approval for and constructing a permanent maintenance facility for the Cemetery. The operation of the Cemetery requires a number of vehicles and many pieces of equipment to be available, including a pick-up truck, skid loader, four wheeler and trailer, large riding mower, motorized weed eaters, and various hand tools, rakes, shovels, hoses, sprinkler heads, and similar materials. Previously, these vehicles and most of the equipment were stored and repaired in a temporary, fabric storage enclosure that had been erected in the northeastern portion of the property. The temporary structure had no heat, electricity, or water service and the fabric was torn and frayed. The enclosure was surrounded by several spoils piles that had been built up over time, both as a way of trying to hide the storage enclosure and as a place for holding the dirt and other materials that are generated from the operation of the Cemetery. The Association recognized how unattractive this area had become. The area was not visually compatible with the Cemetery and was the source of complaints from neighbors who enjoy the open, historic character of the Cemetery. Therefore, the Association obtained PUD and HPC approval to develop a small, attractive new maintenance building, containing approximately 1,280 sq. ft. of floor area, which would allow equipment to be stored indoors. The maintenance facility was built in 2012 and is located toward the northeast corner of the Cemetery (see site survey for the location and configuration of the maintenance facility). It is set back from the rear property line by approximately 175 feet so it does not intrude upon the neighboring houses. 86 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 4 There is a concrete apron in front of the maintenance facility on which vehicles and equipment can be parked and maintained. It also has a gravel work yard to the east and south of the building, facing away from the neighboring residences. The work yard is depressed by several feet below grade, to make it less visible. Three buried "cribs" were installed to contain the spoils piles from burial and other Cemetery operations. As a result, an area of the Cemetery that was previously an eyesore has been turned into an attractive asset to the operation and maintenance of the property. A photograph is included with this application showing the building and work yard to demonstrate its current appearance. Over the last decade, the Association has begun to expand its burial operations into the northern portion of the property, in the area surrounding the maintenance facility. Trees have been planted in this area and the area is being actively irrigated, turning it into an attractive complement to the historic portion of the property. Several burials have already taken place in this area. 87 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 5 III. AFFORDABLE HOUSING UNIT PROPOSAL During the original public review process for the maintenance facility, the Association requested that the City allow a dwelling unit to be attached to the facility to house the one employee who works at the Cemetery. At the time, the Association sought to improve the living situation of a long term employee who lived outside the Valley. The Association also believed that having an employee on-site would result in better maintenance of the Cemetery and enhanced security for the maintenance facility. The request for an employee housing unit turned out to be the most controversial element of the original PUD plan. Neighbors felt that the development of a dwelling unit would significantly change the historic character of the Cemetery and could create unacceptable impacts, bringing traffic, noise and lights to the rear portion of this tranquil, historic property. Members of the HPC felt that these concerns were valid and so the Association eliminated the dwelling unit from the project. Then, in 2014, the Association returned to the City with a more limited approach to providing on-site housing for its employee. Rather than build a separate housing unit on the property, the Association proposed a minor internal change to the floor plan of the maintenance facility to allow its employee to sleep there from time to time without impacting the character of the Cemetery. The maintenance facility was designed and built with two distinct rooms under one roof. These rooms are separated by a wall and door that were designed and built to meet fire and building codes for these two types of occupancy. As the floor plans which are included in this application show, the east side of the building consists of a work room measuring 29’ x 32 ‘(928 sq. ft.) in which equipment is stored and maintained. The west side of the building consists of a relatively small office/meeting space measuring 11’ x 32’ (352 sq. ft.). The total floor area of the building is 1,280 square feet (928 + 352 = 1,280). The existing floor plan for the office/meeting space illustrates that there are two doors into the space, one from the apron in front of the building and one from the back portion of the work room. As one enters from the rear, there is a small food preparation area, including a sink, refrigerator and cabinets. There is not a stove or cook top in this space, but there is a small microwave oven. There is also a bathroom in the very back of the office/meeting space, with a shower and toilet. The mechanical closet for the building is also located in this area. The front portion of the room is used as the meeting space. It is improved with a built-in desk/meeting table and some cabinets. In 2014, the Association asked the City to allow a bed to be installed in the office/meeting space, so the Association’s employee could sleep there overnight from time-to-time. The reason that this required City approval was that Ordinance 21, Series of 2009, which granted the original approval to the maintenance facility (attached as Exhibit #4), includes Condition 1.f, which reads as follows: 88 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 6 The maintenance facility shall not be used as a living unit or as a place to sleep overnight. In 2014, the applicant proposed to eliminate that condition and replace it with a new set of restrictions which would permit the facility to be used as a place where the Association’s employee could sleep overnight from time-to-time. City Council, via Ordinance 30, Series of 2014 (attached as Exhibit #5), granted the proposed amendment as a conditional, one year approval of a deed restricted housing unit. The approval terminated one year after the issuance of a certificate of occupancy for the living space. To make the unit livable, the Association moved a bed into the space. The space was used by the employee for overnight sleeping approximately 30-45 nights during the one year conditional approval period. At the end of the one year period, the Association decided not to ask to renew or otherwise re-establish the conditional approval. Since that time this space has reverted to its prior office/meeting use and has not been used as a dwelling unit. The applicant now seeks permanent approval to use this space as an affordable housing unit for its employee. Over the last decade, the affordable housing situation in the Upper Roaring Fork Valley has become increasingly more problematic. Having a housing unit to offer to its only employee would help the Association greatly in recruiting and keeping a stable employee to work on the property throughout the year. It would also enhance the security of the building and the security of the Cemetery, which have been subjected to random acts of vandalism from time to time. Therefore, the purpose of this application is to request that the City Council repeal Condition 1.f of Ordinance 21, Series of 2009 and replace it with a new set of restrictions which will allow this space to be occupied as a deed restricted dwelling unit without limitations on the duration of that use. The Association has held discussions with a representative of the Housing Authority and is prepared to make certain improvements to the space, as requested by staff. The proposed floor plan for the employee unit shows how the space would be converted into a living unit. First, it shows where a murphy bed would be installed. Second, it shows that a 4 burner cooktop would be added to the kitchen area, as requested by the staff. Finally, it shows the addition of a wardrobe closet and several storage cabinets within the space, also as requested by staff. All of these minor improvements would make this a more livable space, without requiring any changes be made to the building’s overall floor plan and without requiring any changes whatsoever to the outside of the building or to the Cemetery property. The applicant hereby also agrees to enter into a deed restriction governing the terms by which the unit can be occupied. The deed restriction will be prepared and recorded in a form which is acceptable to the Aspen City Council and the City Attorney. The deed restriction will need to be custom written to address the Cemetery’s unique employment situation. Following are the terms which the Cemetery Association would suggest be included in the proposed deed restriction: 89 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 7 • The dwelling unit would only be permitted to be rented to the Association’s employee. The unit would not be made available to any other employee for rental. • The Association would lease the unit to the employee for periods of no less than six (6) months) and would not charge the employee any rent for the space. The Association would also pay the employee an hourly wage, as it has always done. • Because this position requires the employee to primarily work in the spring, summer and fall (plus snow plowing the roads in the winter), it is quite unlikely that this employee would work 1,500 hours per year in this position. Therefore, to create some flexibility for the Association in hiring an employee, the Association would request that the employee not be required to meet the occupancy qualifications established within the Housing Authority Regulations. In this respect, the deed restriction could be drafted in a form similar to the City’s carriage house/ADU regulations, which require the occupant to be a local working resident (someone who works and lives in Pitkin County full-time), rather than the standard category-oriented deed restrictions that the City might otherwise require. The applicant will work with City staff to prepare and record this deed restriction as a condition of obtaining approval from the City for the dwelling unit. 90 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 8 IV. MINOR PD AMENDMENT (PROJECT REVIEW STANDARDS) Section 26.445.110 of the Land Use Code establishes the procedures and standards for PD Amendments. It states that amendments to PD’s approved prior to the adoption of Ordinance 36, Series of 2013 require the Community Development Director to determine whether the amendment proposed is insubstantial, minor or major. The Director has determined that because this proposal requires a change to be made to one of the project’s conditions of approval, it exceeds the threshold for an Insubstantial Amendment. The Director has therefore classified the amendment as a Minor PD Amendment. Section 26.445.110 E. of the Land Use Code, which governs Minor PD Amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the project review standards that apply to all PD’s (Sec. 26.445.050). Most of these review standards have greater applicability to new development than to a minor internal change to an existing facility. Therefore, substantive responses are only provided to those standards which apply to this proposal. A. Compliance with Adopted Regulatory Plans. Response: This proposal complies with the Aspen Area Community Plan (AACP) by providing housing for a member of Aspen’s workforce. The AACP sets the goal of making the provision of community workforce housing the responsibility of the entire community, not just the responsibility of the government. The AACP also seeks to establish and maintain a critical mass of working residents. The Association views the space in the maintenance facility as an opportunity to house its employee without the need for any monetary subsidy from the community’s affordable housing funds. With the City’s efforts to develop new housing at places such as the Lumberyard, it has become common knowledge that it can cost well in excess of $1 million in public funds to subsidize the cost of a new affordable housing unit in Aspen. This space is currently underutilized and could become a legal dwelling unit housing an employee with only minimal upgrades needed. These upgrades will be made by the Association at its own expense, allowing the Association to house its employee rent free. The employee will no longer have to commute to his workplace, providing a secondary community benefit. This is an opportunity that we believe the Aspen community cannot afford to waste. B. Development Suitability. Response: No development is proposed on any of the lands which the Code defines as unsuitable for development. C. Site Planning. Response: The only changes planned to the property are the minor internal upgrades to 91 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 9 the existing office/meeting space shown on the proposed floor plan which will make it habitable by an employee. No changes are proposed to the approved site plan for the Cemetery, so this standard has no substantive applicability to this amendment. D. Dimensions. Response: Ordinance 21, Series of 2009 contains a table which established the dimensional requirements for the Red Butte Cemetery PUD. The only dimension which needs to be changed is with respect to the allowed floor area of the maintenance building. The table lists the maximum allowed floor area as 1,300 square feet. The actual floor area of the building is just 1,280 square feet. The floor area dimension should be amended to state that the allowed floor area of the building is a maximum of 1,300 square feet, which will be comprised of an approximately 928 square foot maintenance area/work room and a 352 square foot affordable housing unit. The applicant will prepare a PD plat to document this change to the internal floor plan of the building if the City determines that a revised plat is needed. A copy of the recorded plat has been provided in this application package. The recorded plat provides a footprint and elevations of the building, but does not depict the internal configuration of the building. Therefore, the applicant does not see the purpose in recording an amended plat unless the City requires the applicant to do so, in which case a plat will be drawn to the City’s specifications. E. Design Standards. Response: No changes are proposed to the exterior appearance of the existing maintenance facility, and there will be no changes to the visual character of the PD. F. Pedestrian, Bicycle and Transit Facilities. Response: The applicant is not aware of any pedestrian, bicycle or transit facilities which are needed to serve the property. However, by creating an affordable housing unit within the City limits, there will be an opportunity for the Cemetery’s employee to walk or use his bicycle for some of daily trips. G. Engineering Design Standards Response: Since no site changes are proposed, this standard does not apply to this proposal. H. Public Infrastructure and Facilities. Response: Since the maintenance facility will not be expanded in any manner, there will be no need for additional infrastructure or facilities to serve this proposal. 92 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 10 I. Access and Circulation. Response: The applicant does not propose any changes to the access and circulation currently provided within the Cemetery. 93 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 11 V. MINOR PD AMENDMENT (STANDARDS FOR USE VARIATIONS) The Park zone district does not list a residential dwelling unit as an allowed or conditional use. Coincidentally, it does not list a cemetery as an allowed or condition use either (though it does list a maintenance facility as a conditional use). Therefore, the applicant is required to request a use variation in order to allow a dwelling unit to be developed in this location. Section 26.445.060 of the Code authorizes an applicant for a PD to request variations in the allowed uses in the zone district. It states that “The permitted and conditional uses allowed on the property shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review”. This section requires the following standards to be considered when granting a use variation: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Response: The Red Butte Cemetery is situated right in the middle of the Cemetery Lane residential neighborhood. The Cemetery was carved out of a large ranch property approximately 125 years ago and its existence pre-dated all of the residences which surround the property. Those residential subdivisions were also carved out of ranch property decades ago and have created a residential community which enjoys the presence of the Cemetery as a tranquil open space within its midst. While some of those residents see the Cemetery as functioning much like a public park, in reality, it is a private property which has historically been operated to allow for open enjoyment by the public. Construction of the maintenance facility on the property a decade ago was an absolute necessity for the Association to operate the Cemetery and maintain this sprawling, aging property. The Association is now seeking to convert 320 square feet of space within that structure into a dwelling unit where its only employee can be housed. This will allow the Association to enhance the upkeep of this historic property by having an on-site “caretaker” for the property who provides a regular presence on this site. It will be easier for the employee to take care of the property and his regular presence will make the Cemetery a safer, more secure environment. Having a single small affordable housing unit within the Cemetery would appear to be entirely compatible with the character of this residential neighborhood. In fact, the applicant has recently learned that the City of Aspen has for many years had a small employee housing unit within its Golf/Parks Maintenance Complex just down Cemetery Lane from the Red Butte Cemetery. So there is ample precedent for creating an affordable housing unit within a maintenance facility that is located within public open space in this neighborhood. 94 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 12 This small affordable housing unit will be surrounded by much larger single family residences on all sides. Its impacts will be essentially negligible compared to those of its much larger neighbors. Given its small size, the unit will, without any doubt, only be suitable for a single occupant and will never be occupied by a family. No external changes are planned to the building and the Association will include provisions in the employee’s lease stating that the employee shall not make any physical changes to the surrounding site. Therefore, neighbors will not see anything physically different at the facility and surrounding lands from what they have experienced for the last decade. B. The proposed use variation is effectively incorporated into the project’s overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Response: The proposed use will be effectively incorporated into the project by being located within the existing confines of the maintenance facility. There will be no external changes to the building or to the site as a result of converting a portion of the facility into a dwelling unit. Having an employee housing unit on-site will be a valuable addition to the Cemetery. Housing is an important benefit to offer to an employee, even if it is a limited space such as is being proposed here. It will help the Association recruit and keep an employee who will maintain the Cemetery. Having someone staying on-site will also provide improved security for the property through a more frequent on-site presence. C. The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. Response: There are several ways in which this proposal has minimized its impacts on the surrounding area. First, the applicant proposes no changes to the exterior of the building or to the site, so there will be no visual change to the area caused by this proposal. As noted above, the Association will instruct its employee to not alter the site outside of the facility as part of his lease to live there. There is already parking in front of the building to accommodate the employee’s vehicle. Second, the applicant does not propose to change the internal configuration of the facility, so that the room which constitutes the dwelling unit will remain at just 352 sq. ft., while the work room will remain as 928 square feet. This ensures that the living space will only be suitable for a single employee and will not become the residence of a family. D. The proposed use variation complies with applicable adopted regulatory plans. Response: Please see the response to Project Review Standard A, above. 95 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 13 VI. GMQS REVIEW FOR AFFORDABLE HOUSING The Land Use Code requires the development of an affordable housing unit to be reviewed and approved, approved with conditions, or denied by the Planning and Zoning Commission based on the general requirements listed in Section 26.470.080, and all other applicable review criteria of this Title. If the affordable housing project is located within a historic district or, as is the case for this property, within an historically designated property, the Historic Preservation Commission is the review body for this review. Following are applicant’s responses to the general requirements outlined in Sec. 26.470.080: (a) Sufficient allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi-year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. Response: The applicant is only requesting a single residential allotment. Sec. 26.470.040 (b) of the Code makes 13 free market residential allotments available each year. This section does not place any limit on the number of affordable housing units that can be created in per year. In either case, sufficient allotments are available to allow this project to proceed. (b) Development conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site-specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development - Project Review approval, as applicable. Response: In order to conform to the requirements of this title and zone district, the applicant must obtain a use variation, since the use is not listed as an allowed or conditional use by the Code. The use variation request is summarized in Sec. V of this application. The applicant must also obtain a Minor PD Amendment in order to address the condition in the prior approval which prohibited the maintenance facility from being used as a living unit or for sleeping. The PD Amendment request is summarized in Sec. IV of this application. If these approvals are granted by the Aspen City Council, the proposed development will be in conformance with this standard.. 96 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 14 (c) Public infrastructure and facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Response: The infrastructure necessary for this dwelling unit to be occupied is already in place. The applicant is not aware of any improvements needed to serve this unit, but will comply with any reasonable requirements which the City may impose on its development. Additionally, the following shall apply to all affordable housing developments: (1) The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen Pitkin County Housing Authority Regulations. The developer of the project may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Aspen Pitkin County Housing Authority Regulations, as amended. Response: The unit is proposed to be a rental unit, not a for-sale unit. This type of tenancy is allowed for non-profit organizations in sub-section (2), below. (2) The proposed units may be rental units, including but not limited to rental units owned by an employer, government or quasi-government institution, or non-profit organization if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing associated for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Response: The proposed unit will be a rental unit which is owned by the Red Butte Cemetery Association, which is a non-profit organization. The unit will be deed restricted via a legal instrument which will be drafted in conjunction with the City Attorney. The Association will offer the unit to its employee as year-round, rent free employee housing. (3) A combination of "for sale" and rental units is permitted. Response: Not applicable since the proposal is for a single rental unit. 97 Red Butte Cemetery Minor PD Amendment for Affordable Housing Unit Page 15 VII. CONCLUSION The above responses and the attached exhibits provide the materials that are required to process this application and demonstrate the compliance of the proposed development with the applicable standards of the Aspen Land Use Code. Should any reviewing agency request additional information, or need for the applicant to clarify any of the statements made herein, the applicant will respond in a timely manner. Please contact us as necessary. 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 4,514 752.3 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0752.3376.17 Notes Red Butte Cemetery Vicinity Map THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 10:54 AM 10/05/23 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS 120 121 122 Existing October 2023 123 124 125 126 127 18 Truscott Pl Aspen, CO 81611 (970) 920-5050 www.apcha.org / apchahometrek.org Strengthening Community Through Workforce Housing LAND USE REFERRAL MEMORANDUM TO: Jeffrey Barnhill Community Development Department FROM: Cindy Christensen, Deputy Director - APCHA DATE: December 4, 2023 RE: Red Butte Cemetery Planned Development – LPA-23-087 PROJECT The property is located at 808 Cemetery Lane and is owned by the Red Butte Cemetery Association, which obtained a deed to the property in 1899. The applicant is requesting that the existing unit be modified into a residential unit, place a deed restriction on the unit, and allow an employee to live there full-time. DISCUSSION The unit is located with the Red Butte Cemetery, off of Cemetery Lane. The request would only be permitted to be rented to the Red Butte Cemetery Association’s employee. The applicant is requesting a modified deed restriction as the position requires the employee to primarily work in the spring, summer and fall (plus snow plowing the roads in the winter). The applicant does not believe that the employee would work the required 1500 hours as stipulated by the APCHA Regulations. RECOMMENDATIONS: Based on the application, APCHA would recommend approval based on the following: • The unit will be specifically for the employee of the Red Butte Cemetery Association; • A deed restriction approved by APCHA must be recorded on the unit; • The employee must still qualify with APCHA prior to occupying said unit as well as requalifying every two years as required by the Regulations. • Said employee does not have to meet the minimum number of hours of 1500 hours, however, must work the time specified in the application for the Red Butte Cemetery Association (spring, summer, fall, and snow plowing the roads in the winter). • The employee cannot own any other residential property within the ownership exclusion zone as specified by the APCHA Regulations. • The unit shall be classified as a Category RO, but the rental rate will be based on the employee’s category. 128 1 Jeffrey Barnhill From:Stuart Hayden Sent:Monday, March 4, 2024 10:11 AM To:Jeffrey Barnhill Subject:FW: Red Butte Cemetery Affordable Housing Application Follow Up Flag:Follow up Flag Status:Flagged Jeff, Here’s a bit o’ public comment for your packet. Dutifully, Stuart Stuart Hayden (he/him/his) Planner II, Historic Preservaon | Community Develo pment (O): 970.975.1640 | (C): 970.975.1640 www.cityofaspen.com My typical work hours are Monday through Friday 9 - 5. Our Values: Stewardship | Partnership | Service | Innovaon 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: Jack Cohen <jcohen@darkknightventures.net> Sent: Monday, March 4, 2024 9:39 AM To: Stuart Hayden <Stuart.Hayden@aspen.gov> Subject: Re: Red Butte Cemetery Affordable Housing Application We understand that the “city facility” on the back side of the cemetery is being considered for an aordable housing unit. While I understand the acute work force housing issue that the town faces, I write to ask that this cemetery unit be denied.* I don’t think you appreciate the unique nature of having a home that faces a cemetery. When I bought my home at 1260 Snowbunny Lane I later found out I was the only person to submit a bid. The other lookers could not get over the view of the cemetery. Being adjacent to a cemetery is not a value enhancer. 129 2 We love our home and I sincerely plan on being buried in that cemetery. The home will be in generational trusts for our children and theirs. This will become our family compound for our 4 children who live and are raising families in LA and NYC. We really do NOT want to watch folks BBQ outside the city facility in the cemetery. We don’t want the traic. We don’t want the risk of parties. IT is a cemetery for god sake. Please leave it be. *p.s. as to the workforce housing issue in the town, THAT problem I would be honored to join your efforts to find a solution for Aspen and down valley. I have been in the commercial real estate finance business for 42 years. I even financed the Whole Foods transaction in Basalt! Jack M. Cohen CEO Darkknight Ventures, LLC Cell: 312.543.5872 jcohen@darkknightventures.net http://darkknightventures.net/ 130 3 Jeffrey Barnhill From:Stuart Hayden Sent:Tuesday, March 5, 2024 5:33 PM To:Jeffrey Barnhill Subject:FW: Red Butte Cemetery PD Amendment dated October 2023 Follow Up Flag:Follow up Flag Status:Flagged Stuart Hayden (he/him/his) Planner II, Historic Preservaon | Community Develo pment (O): 970.975.1640 | (C): 970.975.1640 www.cityofaspen.com My typical work hours are Monday through Friday 9 - 5. Our Values: Stewardship | Partnership | Service | Innovaon 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: Steven Spiritas <ss@spiritasgroup.com> Sent: Tuesday, March 5, 2024 5:13 PM To: Stuart Hayden <Stuart.Hayden@aspen.gov> Subject: FW: Red Butte Cemetery PD Amendment dated October 2023 From: Steven Spiritas Sent: Tuesday, March 5, 2024 6:11 PM To: 'kirsten.armstrong@aspen.gov' <kirsten.armstrong@aspen.gov> Cc: 'vakas22@gmail.com' <vakas22@gmail.com> Subject: Red Butte Cemetery PD Amendment dated October 2023 Aspen Historic Preservation Commission attention : Kara Thompson, Chair We are writing to urge HPC preserve the sanctity and serenity of the Red Butte Cemetery (RBC) by recommending that no affordable housing or other type of residential unit be allowed in the existing maintenance building. In December, 2008, after an extensive review including a site visit and public comments, HPC recommended construction of that maintenance building because it was an approved conditional use under the current zoning of the cemetery as "Park." At that time, the RBC 131 4 board was also requesting a variance to permit a residence be granted. HPC at that time voiced their objection to a residence/dwelling unit and voted against the variance, HPC expressed a lot of concerns not only because the Park zoning would not allow it, but also because of the inappropriateness of a dwelling unit in a cemetery. We hope as part of your due diligence in this matter, you will review the minutes and strong neighbor oppositional comments made during that review. In 2008, once it became clear that Council would not approve a residence because both HPC and P & Z recommended against it, and there was overwhelming neighborhood opposition, RBC regrouped and asked only for a warm room within the maintenance building. Alan Richman and John Thorpe stood before the HPC and promised assurances that the warm room would never become a residence, temporary or permanent. No one really objected to the warm room because of those assurances, but the warm room proved to be a slippery slope that has gotten us to this point today. The promises turned out to be completely untrue because approximately 2 years after the completion of the maintenance building, RBC came requesting changes to make the warm room livable. Council, through some odd reasoning ultimately approved a 1 year trial use of the warm room as a place to sleep overnight occasionally. Even with the trial the RBC employee overnighted only 45 nights. That trial expired 10 years ago, and the cemetery has continued to function without anyone sleeping there, as it has for the last 125 years. If this amendment is approved by HPC , the town is sliding farther down the slope with a precedent that opens the door for other Parks to potentially consider . RBC request, if granted , would essentially convert the maintenance building to a detached single family residence with a large garage. (a dwelling unit) The original Ordinance approving the maintenance building was passed in 2009, meaning that amendments to this Ordinance must be governed by the rules outlined in 26.445 of the code. Thus, this PD overlay done under prior Code prohibits Planned Development from changing underlying uses: Sec 26.445.040: “A. Uses: The land uses permitted in a PUD shall be limited to those allowed in the underlying zone district in which the property is located.” In this case, "Park." Since 2008, nothing has changed with regard to zoning of the cemetery nor the inappropriateness of someone living in the cemetery, which is a place to house the departed. This property was purposely zoned "Park" after much thoughtful deliberation and discussion with the RBC board at the time (1977 - 1978). While the cemetery seems to be divided into two portions with the north part being an active burial area, there are burials moving into the more undeveloped south areas. That entire portion has been platted with burial plots going all the way up to and around the maintenance building. Thus, it is clear that zoning should apply to the entire cemetery, not just the north portion. This makes even more significant the comments regarding the unseemly prospect of garbage collectors, parcel delivery, friends of the resident coming for social events, etc. driving through the serene dirt lanes in order to get from Cemetery Lane to a residence. HPC is charged with preserving the wonderful historic legacy Aspen has been gifted with, and the current application is an egregious assault on that legacy. Under the code and reasonably based on the historic and sacred nature of the cemetery itself, there should never be a residence of any sort allowed in this place. It should be further noted that no reasonable person/entity should be suggesting that a dwelling unit of any sort be allowed in any other city park, yet approving this request that one be allowed in the cemetery "park" sets a precedent and opens the door for other such requests. 132 5 We have owned our home since 1991, and are well acquainted with all issues of the application pertaining to this amendment request, and are in full disagreement with and in opposition to permitting an affordable housing unit in the "Park-Cemetery " . Please take all of this information into consideration, and recommend that no affordable housing unit or any other sort of dwelling, permanent or temporary, be permitted in the Red Butte Cemetery property. Unfortunately we are not able to attend the scheduled agenda Respectfully submitted , Steven & Alexis Spiritas 133 6 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:19 AM To:Jeffrey Barnhill Subject:FW: Housing in Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Going through all of my emails, and am going to forward all of the public comments for this project to you if you could include in the packet. Thanks! Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al 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 informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Bob Beals <beals3006@icloud.com> Sent: Saturday, March 2, 2024 7:52 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Housing in Red BuHe Cemetery I am very much against conver?ng the barn in the cemetery to accommodate living quarters. Dr. Robert Beals 1270A Snowbunny Lane Sent from my iPhone 134 To: Aspen Historical PreservaƟon Commission From: Bob Beals, Ryan and Lauren Elston, Jack and Susan Apple, Steven and Alexis Spiritas RE: Red BuƩe Cemetery Affordable Housing Proposal Date: March 7th, 2024 The Red BuƩe Cemetery AssociaƟon (RBCA) ongoing volunteer efforts to maintain a valuable and historic community asset is greatly appreciated by the neighbors and the community. Important progress has been made on issues presented in the last proposal to the Historic Planning Commission (HPC). However, in addiƟon to not meeƟng their commitment to not use the maintenance facility as employee housing, the RBCA has not complied with other material aspects of their commitment, and we suggest that the HPC disapprove this applicaƟon and require that the RBCA comply with original commitments that were part of the approval for the original applicaƟon. Specifically, commitments to screen the maintenance facility and protect the Northern meadow. In their applicaƟon, RBCA states “this space has reverted to its prior office/meeƟng use and has not been used as a dwelling unit.” However, according to police records, there have been 6 reports of people “sleeper” calls for the cemetery since 2019, clearly violaƟng the agreed upon rules that the RBCA has commiƩed too. When the original applicaƟon was made, one of the condiƟons for approval by both the HPC and the City Council was to have a landscape management plan that would be implemented. A cri Ɵcal aspect of this plan and recommendaƟon from the HPC was to provide some type of screening for the building. In the minutes from the HPC meeƟng in December of 2008, John Thorpe stated “our idea is to screen it from the neighbors and cemetery’s benefit, however that is best accomplished.” As we can see from the plans presented in the various applicaƟon documents (please see exhibits 1, 2 and 3, starƟng on page 3) there was significant screening that was required. However, looking at the picture in exhibit 4 that is taken from the RBCA’s own applicaƟon, it can be clearly seen that no screening or improvements have been done and parts of the area are currently being mowed, and that the RBCA is not in compliance with their commitments to the community. It is important to note that the cemetery has developed all six of the North Meadow blocks that were menƟoned in the plan during this Ɵme frame and spent over 130,000 dollars on this project according to their financial records, including almost 90,000 dollars on tree planƟng, while failing to comply with the landscape plan for screening. In the RBCA’s response to the HPC’s concerns in November of 2008, the document states that the new proposal was designed to “preserve as much of the exisƟng sage meadow at the rear of the property as possible. Sage meadows are a rapidly disappearing type of landscape in the upper Roaring Fork Valley” and that it was “an important ecological type that should be maintained”. As can be seen from the dramaƟc changes in the Google Earth pictures in exhibits 5 and 6, the RBCA has not protected the meadow as promised and as can be seen in exhibits 7 and 8 has done the opposite and intenƟonally destroyed this criƟcal environment. This also violates the aforemenƟoned landscape management plan. 135 Finally, we have included pictures of fuel tanks in exhibit 9 that were not part of the original applicaƟon and that are clearly not in compliance with the associated regulaƟons required for this type of environmentally hazardous material to protect the area from contaminaƟon. Based on the RBCA’s failure to comply with the requirements of the first applicaƟon and its blatant violaƟon and disregards for the commitments made, we strongly urge the HPC to reject the applicaƟon and look for opƟons to enforce the original agreed management plan for the cemetery by requiring screening and restoraƟon of the porƟons of the meadow that have been intenƟonally destroyed and mowed under. Sincerely, Bob Beals, David Alƞeld, Ryan and Lauren Elston, Jack and Susan Apple, Steven and Alexis Spiritas We have included a link to the public documents and other materials referenced here for you convenience that can be accessed by clicking on the following link: hƩps://www.dropbox.com/scl/fo/pyxec6x2x67jmbi6z4hji/h?rlkey=4opbw8uebk2jpjp1Ō7ep99wo&dl=0 Please also see the pictures/exhibits on the following pages. 136 Exhibit 1: HPC Agenda Packet Public MeeƟng December 10, 2008: SubmiƩed plans show screening of new building with trees Exhibit 2: City Council Agenda Packet Public MeeƟng November 9th, 2009 (Second Reading, starts page 185): SubmiƩed plan shows significant screening 137 Exhibit 3: Final landscape plan from Sarah Shaw: Exhibit 4: RBCA applicaƟon October 2023, page 39 picture: Shows areas where significant improvements were commiƩed to but not executed and to the contrary are now being mowed under in a substanƟal porƟon. 138 Exhibit 5: Google Earth picture November 2019 Exhibit 6: Google Earth picture November 2023 Large parts of the north meadow that were marked for restoraƟon have been mowed under. This can also be seen in exhibit 5. AddiƟonal photos showing mowing violaƟons available. 139 Exhibit 7: Digging up sage brush Exhibit 8: Vehicle full of destroyed Sage Brush 140 Exhibit 9: PotenƟally non permiƩed fuel tanks not included in original applicaƟons: 141 7 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:20 AM To:Jeffrey Barnhill Subject:FW: Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al 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 informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Rebecca Shaffer <rhshaffer@bellsouth.net> Sent: Saturday, March 2, 2024 1:15 PM To: Kirsten Armstrong <Kirsten.armstrong@aspen.gov> Subject: Red BuHe Cemetery The building located in the cemetery should not be converted into employee housing. It should remain a storage facility. Rebecca Shaffer 1270 Snowbunny Lane Sent from my iPad 142 8 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:27 AM To:Jeffrey Barnhill Subject:FW: 808 Cemetery Lane - Formal Obection Letter Attachments:Saussus - HPC Letter.pdf Follow Up Flag:Follow up Flag Status:Flagged Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation 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: Patrick Saussus <saussus@gmail.com> Sent: Tuesday, March 5, 2024 7:35 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: 808 Cemetery Lane - Formal Obection Letter Ms. Armstrong, Please see attached letter concerning the upcoming RBCA rezoning application. Regrettably I will be out of town during the March 13 formal public hearing else I would be present to personally voice my objection to the application. Thank you for taking the time to read the letter and weigh the consequences of the HPC decision. Regards, Patrick Saussus 60 Overlook Dr. 143 Historic Preservation Committee kirsten.armstrong@aspen.gov March 5, 2024 RE: 808 Cemetery Lane, Red Butte Cemetery Ms. Armstrong, As the resident of 60 Overlook Dr. adjacent to the Red Butte Cemetery, I am writing to formally object to the Red Butte Cemetery Association (RBCA) repeated attempts to construct a permanent dwelling on the property. I strongly urge the Historic Preservation Committee (HPC) to force the City Council to deny the applicant’s request for new zoning as they did when this was first proposed in 2014. The Cemetery is zoned Park (P), and a residence is not permitted under this zoning. Granting the RBCA a residence within this zoning not only violates the rules but undermines the entire zoning system. Furthermore, the RBCA application does not propose any limits on duration of the approval or allow for any review process. Should the HPC fail its primary duties and allow the City Council to rezone the Cemetery to residential, more applications will be forced through under the guise of affordable housing and the entire character of Cemetery will be tarnished. This is a disrespect not only to the neighbors of the Cemetery but more importantly to those who lie in rest and the friends and family who visit them. The HPC has a strong reputation making difficult decisions to maintain the unique character and history of this wonderful City we call home. Please continue to make the right decision and convey to City Council that approval of this rezoning application will do irreparable harm to Aspen. Regards, Pat rick Saussus 60 Overlook Dr. 303.513.3632 144 9 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, March 6, 2024 8:28 AM To:Jeffrey Barnhill Subject:FW: Public Hearing regarding 808 Cemetery Lane, Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al 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 informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: CAROLINE KAPLAN <carolux@me.com> Sent: Tuesday, March 5, 2024 8:08 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Public Hearing regarding 808 Cemetery Lane, Red BuHe Cemetery Historic Preserva?on Commission Aspen City Hall 427 Rio Grande Place Aspen, CO 81611 To members of the HPC, 145 10 My husband and I own the house at 1252 Snowbunny Lane. We are opposed to the request by the Red BuHe Cemetery Associa?on to renovate the exis?ng maintenance shed by turning it into a dwelling. The current use of the shed as an occasional dwelling is already a viola?on of the land use code. We cannot trust the RBCA not to pursue the crea?on of addi?onal dwelling units in the cemetery. Unfortunately we cannot aHend the hearing on 3/13, however we do appreciate you taking the ?me to learn of our concerns. Caroline and Hugh Kaplan 1252 Snowbunny Ln. Aspen, CO 81611 301-704-9186 146 11 Jeffrey Barnhill From:Kirsten Armstrong Sent:Thursday, March 7, 2024 8:31 AM To:lindaukraine@yahoo.com; Jeffrey Barnhill Subject:RE: Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Good morning Linda, Thank you for your comment. I'm including my colleague Jeffrey Barnhill who is working on the staff memo. He will make sure your comment is included in the packet for HPC review. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preserva?on | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innova?on No?ce and Disclaimer: This message is intended only for the individual or en?ty to which it is addressed and may contain informa?on that is confiden?al 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 informa?on or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informa?on and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representa?ons that may or may not be accurate. The opinions and informa?on contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: linda ukraine <lindaukraine@yahoo.com> Sent: Thursday, March 7, 2024 8:23 AM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red BuHe Cemetery Dear Kirsten - My name is Linda Ukraine and I live on Overlook Dr. I am wri?ng to you to oppose the considera?on of puNng in a housing unit at the cemetery. And possibly having that area built up. It is a cemetery, not a neighborhood, and also designated as a park. The egress would be impossible. Thank you. Linda Ukraine 147 12 Jeffrey Barnhill From:Kirsten Armstrong Sent:Thursday, March 7, 2024 3:04 PM To:Ryan J. Elston Cc:Jeffrey Barnhill Subject:RE: Red Butte Cemetery Affordable Housing Application Follow Up Flag:Follow up Flag Status:Flagged Hello Ryan, Thank you for your comment. I'm including my colleague Jeffrey Barnhill who is working on the staff memo. He will make sure your comment is included in the packet for HPC review. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservaon | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovaon 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: Ryan J. Elston <ryan@aspenlocal.com> Sent: Thursday, March 7, 2024 3:03 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Butte Cemetery Affordable Housing Application To: Historic Preserva?on Commission My name is Ryan Elston and I own a home at 1242 Snowbunny Lane, which directly abuts the Red BuHe Cemetery (specifically the expansion field within direct sightlines of the “maintenance facility”). 148 13 I am opposed to your approval of the RBCA maintenance facility to be converted to an affordable housing unit/dwelling unit/residence of any kind temporarily or permanently. This is a direct viola?on of the City of Aspen zoning and land use restric?ons, which are in place for a reason and should be upheld. Reviewing and approving zoning and land use in our city on a case-by-case basis sets a dangerous precedent. Please deny this applica?on. Thank you, Ryan Elston 149 14 Jeffrey Barnhill From:Chris Bryan <cbryan@garfieldhecht.com> Sent:Thursday, March 7, 2024 3:17 PM To:Kirsten Armstrong Cc:Jeffrey Barnhill Subject:Opposition to Minor PD Amendment Application of Red Butte Cemetery Association Attachments:3.7.24.-ltr-Kirsten Armstrong-opposition to RBC Application.pdf Follow Up Flag:Follow up Flag Status:Flagged Kirsten, Please see the aHached leHer from me on behalf of Protect The Cemetery, a Colorado non-profit organiza?on. Please include this in the HPC packet for the 3/13/24 mee?ng and let me know of any ques?ons. Thank you. CHRIS _______________________________ Christopher D. Bryan Shareholder Garfield & Hecht, P.C. Aspen | Avon | Carbondale | Crested BuHe | Denver | Glenwood Springs | Rifle 625 E. Hyman Ave., Suite 201 Aspen, Colorado 81611 Phone: (970) 925-1936 x802 Facsimile: (970) 925-3008 Email: cbryan@garfieldhecht.com Webpage: www.garfieldhecht.com 150 ASPEN OFFICE 625 East Hyman Avenue, Suite 201 Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com 2978597.1 March 7, 2024 CHRISTOPHER D. BRYAN cbryan@garfieldhecht.com Via E-Mail Kirsten Armstrong, Principal Planner City of Aspen Historic Preservation 427 Rio Grande Place Aspen, Colorado 81611 E-mail: kirsten.armstrong@aspen.gov RE: Opposition to Minor PD Amendment Application of Red Butte Cemetery Association Dear Ms. Armstrong: This law firm represents the Protect The Cemetery, a Colorado nonprofit corporation (“PTC”). We write with respect to the upcoming Historic Preservation Commission (“HPC”) meeting on March 13, 2024, concerning the pending Minor PD Amendment Application (“Application”) submitted by the Red Butte Cemetery Association (“Applicant”). Please provide this letter to the HPC members and include it in the packet ahead of that meeting. PTC’s singular mission, and sole purpose, is to protect the sanctity and ambience of the Red Butte Cemetery, which has existed well over a century. The cemetery is not only hallowed ground for the gravesites of those laid to rest there but also for family members, descendants, and friends who visit their departed loved ones. The cemetery is one of the last remaining sites of what is warmly referred to as “old Aspen,” and it provides peace and serenity for all who frequent its grounds. It falls on HPC to resist the request to shoehorn employee housing where it clearly does not belong. HPC has a duty to protect the sanctity of the cemetery. While HPC may be tempted to grant the Application in the name of “employee housing at all costs,” there are numerous reasons not to do so. First, it is unnecessary. For decades Applicant has not needed to provide housing to its employees. There is nothing in the record to suggest that Applicant now needs to offer its part-time employee housing, and certainly nothing to suggest it needs to do so on the cemetery grounds themselves. Indeed, even Applicant admits in the Application that the housing would only be for certain parts of the calendar year, not enough to fulfill the 1,500 hours worked in Pitkin County and for nine months to be APCHA- eligible. There are many other places—by the most current estimate, approximately 3,300 affordable housing units and 5,600 affordable housing bedrooms—where this part-time employee can reside. The cemetery is not needed for housing. It was not designed for that and should not be allowed. 151 GARFIELD & HECHT, P.C. Ms. Kirsten Armstrong March 7, 2024 Page 2 2978597.1 Second, housing someone in a location that is clearly not zoned for residential housing is inappropriate and runs counter to City of Aspen zoning restrictions. As the City of Aspen’s zone district map shows, the cemetery is zoned P (for Park): According to the City of Aspen’s Land Use Code (“LUC”), the following uses are permitted as of right in the Park (P) Zone District: (1) Open-use recreational facility, park, playfield, playground, swimming pool, golf course, riding stable, nursery, botanical garden; and (2) Accessory buildings and uses. See LUC Sec. 26.710.240(b). Section 26.710.240(c) of the LUC provides that the following uses are permitted as conditional uses in the Park (P) Zone District, subject to the standards and procedures established in Chapter 26.425 of the LUC: (1) Recreation building; (2) Sport shop; (3) Restaurant facility; (4) Park maintenance building; and (5) Farmers' market, as defined in LUC Sec. 26.04.100. Any use that is not specifically listed in Chapter 26.710 as a permitted or conditional use in a Zone District shall be considered prohibited, unless otherwise interpreted by the Community Development Director pursuant to Chapter 26.306. See LUC Sec. 26.710.010. 152 GARFIELD & HECHT, P.C. Ms. Kirsten Armstrong March 7, 2024 Page 3 2978597.1 As is evident from the LUC, residential housing is not allowed in this zone district, either as a permitted or conditional use. The Park zoning restriction should be complied with. Indeed, it would an abuse of discretion and a misapplication of the law for HPC to allow housing in P-zoned district. Moreover, because the cemetery has not been rezoned—and there’s no evidence that a rezoning application has even been presented to the City of Aspen’s Planning & Zoning Commission—HPC would be exceeding its jurisdiction were it to approve the Application. That could result in litigation, which no one wants. Third, housing someone there disrespects the cemetery and its special purpose. Housing someone on cemetery grounds could cause disruption to the quiet environs where people go to mourn and reflect on lost loved ones. The sanctity of the cemetery should be respected. The cemetery is historic. This commission, as its name implies, is tasked with “historic preservation”—not converting special solemn places like the cemetery into a housing project. Fourth, allowing residential housing in the cemetery is decidedly not in the best interests of the surrounding neighborhoods and the community at large. Applicant’s request—to be able to house a part- time employee for just part of the calendar year—has minimal (if any) community benefit. That has to be weighed against the disturbance that having residential housing on-site would do for the neighbors, many of whom are longtime residents and community members that want to honor and protect the cemetery from the threat of encroaching development. Many of the neighbors have vocalized their opposition to the Application, and HPC should take seriously those public comments. Fifth, retrofitting a “maintenance facility” to accommodate residential housing is inappropriate for a cemetery. Plus, no one will be able to regulate or restrict the part-time employee’s social engagements on-site. If housing is allowed here, the part-time employee will be able to host dinner parties, birthday parties, get-togethers, and other social functions, and no one will legally be able to prohibit that. Sixth, if HPC grants this Application, it will be welcoming in a Trojan horse—and we all know the dangers of that. HPC would be setting a dangerous precedent whereby developers could seek to build housing in designated open spaces and other parks throughout Aspen. And if HPC or other City officials rejected those applications, the developers would point to the Application here and cite it as precedent. Developers would have strong legal grounds to sue for selective enforcement and disparate treatment under the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The City of Aspen would then face numerous lawsuits. The constitutional remedy would be to allow such residential housing developments in city parks, which would destroy the serenity and peacefulness that such parks are created for in the first place. That is a slippery slope that HPC should avoid. In sum, it is clear that the Application is a classic example of trying to fit a square peg in a round hole. In an era of breakneck development, endless in-fill, and increased density throughout town, are there no places that are left sacred? A cemetery is a place for the dead to rest in peace, not a place for part-time employees to rest their heads. HPC should hold the line here and deny the Application. Please contact me with any questions or if you would like to discuss these issues in further detail. Very truly yours, 153 GARFIELD & HECHT, P.C. Ms. Kirsten Armstrong March 7, 2024 Page 4 2978597.1 GARFIELD & HECHT, P.C. Christopher D. Bryan cc: Jeffrey Barnhill (jeffrey.barnhill@aspen.gov) 154 15 Jeffrey Barnhill From:Kirsten Armstrong Sent:Thursday, March 7, 2024 3:52 PM To:Jeffrey Barnhill Subject:FW: Letter for Public Comment Attachments:Letter to HPC regarding RBCA Proposed Housing March 7, 2024.pdf Follow Up Flag:Follow up Flag Status:Flagged Jonathan, Thank you for your leHer. I'm including my colleague Jeffrey Barnhill who is working on the staff memo. He will make sure your comment is included in the packet for HPC review. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation 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: Jonathan Nickell <jonathan.nickell@gmail.com> Sent: Thursday, March 7, 2024 3:48 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Cc: Public Comment <publiccomment@aspen.gov> Subject: Letter for Public Comment Kirsten, Please see the attached letter from me and some of my neighbors. Please include this in the HPC packet for the March 13th Meeting. Thanks, 155 16 Jonathan Nickell 156 17 Jeffrey Barnhill From:Jonathan Nickell <jonathan.nickell@gmail.com> Sent:Thursday, March 7, 2024 3:56 PM To:Jeffrey Barnhill; kristen.armstrong@aspen.gov; beals3006@icloud.com Subject:Fwd: Letter for Public Comment Attachments:Letter to HPC Red Butte Cemetery 03.07.24.pdf Follow Up Flag:Follow up Flag Status:Flagged Forwarding this one to Jeffery as well, get well soon Kristen. ---------- Forwarded message --------- From: Jonathan Nickell <jonathan.nickell@gmail.com> Date: Thu, Mar 7, 2024 at 3:54 PM Subject: Re: Letter for Public Comment To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Cc: <publiccomment@aspen.gov>, <beals3006@icloud.com> Kirsten, My neighbor Bob Beals asked me to forward this to you as he does not do email well. I have copied him here as well. Please see the attached letter from him and several neighbors. Please include this in the HPC packet for the March 13th Meeting. Thanks, Jonathan Nickell 157 To: Aspen Historical PreservaƟon Commission From: Jonathan and Paula Nickell, Charles Gubser, Michael and Cathy Tierney, Linda Ukraine RE: Red BuƩe Cemetery Affordable Housing Proposal Date: March 7th, 2024 First, we would like to thank the Red BuƩe Cemetery AssociaƟon (RBCA) for their ongoing volunteer efforts to maintain a valuable and historic community asset. Important progress has been made on many fronts that were issues at the Ɵme since the issue was last before the Historic Planning Commission (HPC). It is important to note that this was done without anyone living in the cemetery, even in the one- year trial period in 2014 the employee only stayed overnight 30-45 Ɵmes according to the applicaƟon. While recognizing the contribuƟons of the RBCA, we would respecƞully suggest that the HPC disapprove this applicaƟon for the following reasons. The Cemetery was intenƟonally zoned “Park” (P), aŌer extensive discussion with and input from the Cemetery Board when zoning was implemented in the early 1970's. Bill Kane, who was involved in the original zoning process has previously submiƩed a leƩer to City Council indicaƟng that one of the reasons for the Park zoning was to prohibit a living unit in the Cemetery. However, the RBCA has insisted on installing a housing unit and applied for a housing unit and maintenance facility in 2007. AŌer significant work, lengthy discussions, and site visits by HPC, the community and the RBCA, an agreement was reached to approve a Major Development project which resulted in a deed restricƟon staƟng, “The maintenance facility shall not be used as a living unit or a place to sleep overnight”. In Amy Gutherie’s memo agenda packet to the HPC on December 10, 2008, it asked the HPC to consider the RBCA proposal and states in bold type “The caretaker unit that was previously proposed in the project has been eliminated” and in RBCA’s own response to the HPC “the applicant understands the need for this concession.” It is also relevant that at the Ɵme that HPC suggested turning the exisƟng small Victorian cabin into a living unit, but the RBCA “is not prepared to develop a small unit in the southeastern corner of the property” rejecƟng that idea and eliminaƟng the unit altogether. In the meeƟng minutes from that December meeƟng, HPC Chairperson, Michael Hoffman, expressed the neighbors’ concern that the warm room porƟon of the unit would be used for some form of housing. John Thorpe, President of the RBCA answered “that is not our intenƟon. It is not going to be used for housing”. Current RBCS President Stony Davis was also present at this meeƟng as a member of the board making this commitment. In March of 2014, prior to receiving the occupancy permit for the maintenance facility, RBCA submiƩed a minor amendment to City Council to allow the aforemenƟoned warm room to be used for sleeping overnight. This minor amendment effecƟvely bypassed the HPC and P&Z and this point was quesƟoned by several councilmen during the review process. AddiƟonally, one of the councilmen expressed “concern that it will turn into a permanent residence”. This submission finally resulted in ordinance 30, by a 3-2 vote, that allowed for a one-year trial period for the unit to be used as dwelling unit for the RBCA’s employee but that it would not serve as a primary residence. AŌer one year the RBCA chose not to pursue addiƟonal periods and the neighbors were again in opposiƟon to any extension. 158 Now in March of 2023, RBCA applies to have the same space converted into a deed restricted affordable housing unit. In their applicaƟon the RBCA states that the maintenance facility was “designed and built with two disƟnct rooms under one roof. These rooms are separated by a wall and a door that were designed and built to meet fire codes for these two types of occupancy.” This clearly shows that the RBCA has intended to use the unit as a housing unit all along, directly in contradicƟon to the condiƟons for the original permit that were agreed upon and the RBCA’s publicly stated commitments to the community. It is also important to note that RBCA has many other opƟons to meet the ongoing needs of the cemetery stated in the applicaƟon, but insist in installing housing in the cemetery against community and HPC wishes. First and foremost is that the type of landscaping and property administraƟon services that they need to have performed are readily available in the valley by many reputable companies and would not require anyone to live in the cemetery. AddiƟonally, concerns about security appear to be overstated. According to public records, since 2014, there have been only two police reports regarding the Red BuƩe Cemetery. The reports state that the vandalism was likely done by children living on cemetery lane. The total damage was 1,200 dollars, cameras were installed and there have been no reported incidents since. Vandalism has also happened on Snowbunny Lane, however it would not be reasonable for local garages to be converted into sleeping quarters for when residents are out of town to protect their properƟes. As far as housing is concerned, the RBCA has had viable free market opƟons but has chosen not to pursue them, claiming insufficient funds on several occasions. According to tax records, the RBCA spent approximately 400,000 dollars to build the maintenance facility in 2012. At the Ɵme this reduced their savings and investments from approximately 559,000 to 218,000 dollars. Since that Ɵme the RBCA has managed to increase their savings and investments to 1,072,000 at the end of 2022 (2023 statements are not yet available). As early as 2019, they had 720,000 available for use. The RBCA had 854,000 dollars available to use for employee housing at the end of 2022 if they reduced their saving and investments to previously acceptable levels. A quick search of the available properƟes shows that there currently are free market opƟons available that would be far superior for truly maintaining a long-term employee for the RBCA in the range of 700,000-800,000 dollars. In summary, nothing has changed since the original submission to the HPC, where the RBCA made clear commitments and representaƟons that they would not use the maintenance facility for employee housing units. There are mulƟple viable opƟons to meet the stated ongoing needs of the cemetery for both landscaping and property management as well as housing for their employee, that the RBCA has chosen not to pursue. In our opinion it would be an error to allow an organizaƟon to make promises to the community and then allow the “bait and switch” that has been perpetuated on everyone as well as the incompliance of mulƟple other commitments. We respecƞully ask the HPC to take a firm stance on the RBCA’s mulƟple commitments to not use the maintenance facility as housing and to comply with other shortcomings in compliance with the previous approval. Respecƞully, Jonathan and Paula Nickell, Charles Gubser, Michael and Cathy Tierney, Linda Ukraine 159 We have included a link to the public documents and other materials referenced here for you convenience that can be accessed by clicking on the following link: hƩps://www.dropbox.com/scl/fo/to3js03r19eemldgkmgsh/h?rlkey=uxl7uhgxm5aaxu94175vge Ņ8&dl=0 160 1 Jeffrey Barnhill From:Sandy Johnson <skjdesign@comcast.net> Sent:Monday, March 11, 2024 4:26 PM To:Jeffrey Barnhill Subject:Re: Red Butte Cemetery application Follow Up Flag:Follow up Flag Status:Flagged Thanks! Will leers sent now be included in the pa cket for the April meeng? Sandy On Mar 11, 2024, at 2:01 PM, Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> wrote: Good a3ernoon, We have received public comment from you regarding 808 Cemetery Lane, this public comment was not included in the agenda packet published on 8 MAR but was forwarded to the HPC members. I want to provide an update that the applicant has indicated that they would like to request a connuance to April 24th. This request will be presented at HPC on Wed, 13 MAR, but no further parculars of the pr oject will be discussed at this week's meeng. Thank you! Jeffrey Barnhill Planner II | Community Development (O): 970.429.2752 | (C): 970.319.6636 hps://url.avanan.click/v2/___hps://www.aspen.gov___.YXAzOmNpdHlvZmFzcGVuOmE6bzo4ZTk4YmM0ZGJlM2UxZjVl YmYxODA5NTcyYjY3YmFjMTo2OjUxMGI6M2MzYmRiOTM3YzU0MjVmY2ZmZjllY2Q0NDQ1OTYyMTc0NGZmNmE5NWZhYT U4Y2QyNzI2NzhmMTQ4YmE4YzA4MTpwOlQ My typical in-office hours are Monday, Tuesday, and Friday, 8:00-6:00. My typical work from home hours are Wednesday and Thursday 9:00-5:00. Our Values: Stewardship | Partnership | Service | Innovaon Noce and Disclaimer: This message is intended only for the individual or enty to which it is addressed and may contain inf ormaon that is confidenal 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 informaon or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informaon and opinions contain in the email are ba sed on current zoning, which is subject to change in the future, and upon factual representaons that may or may not be accurate. The opinions and informaon contained he rein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Sent: Monday, March 11, 2024 8:18 AM 161 2 To: sandra johnson <skjdesign@comcast.net> Cc: Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: RE: Red Bue Cemetery applicaon Good morning Sandra, I've forwarded this email along to the HPC members. Thank you! Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservaon | Community Development (O): 970.429.2759 | (C): 970.319.0700 hps://url.avanan.click/v2/___www.cityofaspen.com___.YXAzOmNpdHlvZmFzcGVuOmE6bzo4ZTk4YmM0ZGJlM2UxZjVlY mYxODA5NTcyYjY3YmFjMTo2OmY3ZmY6OWYyZGIwMzZmOTAwYWI0ZjM5ZjMzNGIwMTAyZmVkZDEzMzBmNjFjNWNkYm I2YzNkZmY4YTJmYWU1OWQ2YjkzMDpwOlQ My typical in-office hours are Monday through Friday 8 - 4. Our Values: Stewardship | Partnership | Service | Innovaon Noce and Disclaimer: This message is intended only for the individual or enty to which it is addressed and may contain inf ormaon that is confidenal 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 informaon or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the informaon and opinions contain in the email are ba sed on current zoning, which is subject to change in the future, and upon factual representaons that may or may not be accurate. The opinions and informaon contained he rein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: sandra johnson <skjdesign@comcast.net> Sent: Friday, March 8, 2024 2:41 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Bue Cemetery applicaon Dear HPC I am wring to ask you to deny the RBC applicaon f or a housing dwelling in their maintenance building. We have been through this before 10 years ago, and HPC denied it. There were valid reasons then and they have not changed. There is even more reason to deny now! On the surface, I would not be opposed to them housing one person in a studio apartment, as we were shown at their open house in December. However, because the enre property would need to be re- zoned from park to residenal, I see huge implicaons in the future for that propert y. It would not to remain a cemetery with a park-like seVng, historical, with nave plants unique to Aspen. It c ould easily be sold for many other uses. It needs to remain a cemetery for the future of Aspen. Thank you, 162 3 Sandy & Peter Johnson 970 925 6191 163 4 Jeffrey Barnhill From:Chet Winchester <Chet.Winchester@aspensnowmasssir.com> Sent:Monday, March 11, 2024 3:51 PM To:Jeffrey Barnhill Subject:RE: Public hearing 808 Cemetery Lane Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Jeery Barnhill City Aspen Community Development My name is Robert Winchester, resident of Aspen on Cemetery lane for the last 50 years. I currently own 777 Cemetery and 745 Cemetery. I am writing to object to the changes applicants are requesting At the public hearing . Sincerely , Robert P. Winchester 777Cemetery Lane Aspen, Colorado 81611 IMPORTANT NOTICE: Wire fraud, email hacking and phishing attacks are critical security issues. Email is neither secure nor confidential. If you receive an email from anyone concerning any transaction involving Aspen Snowmass Sotheby’s International Realty requesting you to wire funds anywhere or asking you to provide nonpublic personal information (such as credit or debit card numbers, or bank account or bank routing numbers) by unsecured return email, NEVER respond to the message even if it appears to be sent by our company. Instead, immediately call your real estate agent and report the suspicious activity by emailing IT.Support@aspensnowmasssir.com or calling (970) 273-4032. ALWAYS confirm wire transfer instructions by phone to a known number before sending any funds. 164 5 Jeffrey Barnhill From:Sandi <sandifark@gmail.com> Sent:Monday, March 18, 2024 5:00 PM To:Kirsten Armstrong; Jeffrey Barnhill Cc:Andrew Farkas Subject:Red Butte Cemetery Affordable Housing Proposal Follow Up Flag:Follow up Flag Status:Flagged Hello Kristen and Jeffrey, Please include the email below in the public comment portion of the April 24th meeting of the HPC regarding the Red Butte Cemetery Affordable Housing Proposal. Dear Members of the Historic Preservation Commission, Our names are Andrew and Sandi Farkas and we live at 75/77 Overlook Drive off of Red Butte and behind the cemetery. We are opposed to the RBCA's proposal to use the maintenance shed as an affordable housing unit. This proposal goes against both the land use code and the character of the cemetery. We respectfully request that you deny this application. Regards, Sandi and Andrew Farkas 165 6 Jeffrey Barnhill From:Susan Spalding <susan@spaldingmgt.com> Sent:Tuesday, March 26, 2024 4:15 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Proposed Housing Follow Up Flag:Follow up Flag Status:Flagged Dear Je: Thank you for letting me know that the hearing for the proposed housing at the Red Butte Cemetery was postponed and thus there is still time for public comment on the situation. Unfortunately I will be out of town on the scheduled hearing date in April so will not be able to attend it. While I am very sensitive to the need for employee housing in Aspen, I admit to feeling quite dismayed when I learned about the proposal to convert the maintenance facility for the cemetery into an employee housing unit. I buried my husband, Michael (Mickey) Spalding in the “new” part of the cemetery in October 2022. This is quite close to the maintenance facility. Part of why I chose that burial plot was for its isolation, view, peace and quiet, and sense of solitude I experience there. Mickey moved to Aspen in 1970, built our house on Snowbunny Lane in 1985, and was a very active part of the Aspen community. I “joke” that he has just moved further down Snowbunny Lane to his new location. Going to his gravesite (which will also be mine) provides my family members and myself a great sense of peace. My concern with the thought of a housing unit so close to the actual gravesites is that the quiet, beautiful solitude of the place may be marred by the activities of daily living. I realize there are houses behind that area (on Snowbunny Lane), but they are set back and separated by the stream and trees. By turning eastward, there are no homes in the view plane, which again, is very peaceful. There are very few places in this world that oer such solace to me as a grieving widow. Thank you in advance for sharing my feedback with the various authorities. Please feel free to contact me if you have any questions. Regards, Susan W. Spalding 1360 Snowbunny Lane Aspen, CO 81611 (970) 925-6810 home Susan@SpaldingMgt.com 166 7 Jeffrey Barnhill From:Kirsten Armstrong Sent:Wednesday, April 3, 2024 1:15 PM To:Steven Spiritas; Jeffrey Barnhill Subject:FW: Red Butte Cemetery Variance request Attachments:080102 Bill Kane HPC Ltr.pdf; 14711 SAS Council Bill Kane Intro.docx Follow Up Flag:Follow up Flag Status:Flagged Thanks Steven! Forwarding to the case planner, Jeffrey Barnhill so he can include it in his packet. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-ofice hours are Monday through Frida y 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation 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: Steven Spiritas <ss@spiritasgroup.com> Sent: Tuesday, April 2, 2024 4:58 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Butte Cemetery Variance request This communication replaces our prior communication . Please add to the HPC packets prior to the scheduled April 24 meeting. Aspen Historic Preservation Commission attention : Kara Thompson, Chair We are writing to urge HPC preserve the sanctity and serenity of the Red Butte Cemetery (RBC) designated historical site by recommending that no housing residential unit be allowed in the existing maintenance building. The cemetery property must remain a sacred place that promotes divine worship , and solemn tranquil thoughts for loved ones and friends. . If overnight permanent housing were allowed, it would be 167 8 contrary to fostering and protecting its sacred character that HPC has the responsibility to ensure. Thus we request HPC recommend to the city council denial of the variance request. In December, 2008, after an extensive review including a site visit and public comments, HPC recommended construction of a maintenance building because it was an approved conditional use under the current Park zoning at the time . At that time, the RBC board was also requesting a variance to permit a residence be granted. HPC voiced their strong objection to a residence/dwelling unit and voted against the dwelling variance. HPC expressed a lot of concerns not only because the Park zoning would not allow a dwelling, but also because of the inappropriateness of a dwelling unit in a cemetery. We request HPC review the prior minutes and strong neighbor oppositional comments made during that review. For some historical context please see the attachment of Bill Kane’s January 2, 2008 letter to HPC and our attachment dated July 11, 2014 . The entire property was purposely zoned "Park" after much thoughtful deliberation and city agreement with the RBC board at the time (1977 - 1978). In 2008, once it became clear that Council would not approve a residence because both HPC and P & Z recommended against it, and there was overwhelming neighborhood opposition, RBC regrouped and asked only for a “warm room” within the maintenance building. Alan Richman and John Thorpe ( RBC President) ) stood before the HPC and promised assurances that the warm room would never become a residence, temporary or permanent. No one really objected to the warm room because of those assurances, but the warm room proved to be a slippery slope that has gotten us to this point today. The promises turned out to be completely untrue because approximately 2 years after the completion of the maintenance building, RBC came requesting changes to make the warm room a living unit. The RBC stated reasons are the same today as they were in 2008 & 2014. Council approved a conditional overnight living trial in 2014 that would expire in one year. Even then the RBC employee overnighted only 45 nights. That trial expired 10 years ago, and the cemetery has demonstrated its historic ability function and be maintained without anyone sleeping there, as it has for the last 125 years. It should be apparent that this property is to be used solely for the burial of the dead. It is not a place for a single family residence. All of the property is held for burial sites, not for a living site. It should remain a quiet and peaceful hollow ground that allows no development for housing. A permanent resident would make unlimited daily trips of egress and ingress that currently does not exist. Friends and family of the resident would add additional layer of unlimited egress and ingress trips. This becomes more significant when added to the unseemly prospect of garbage collectors, parcel delivery, resident social events, holidays, indoor - outdoor entertaining , sport vehicles etc. driving through the serene dirt lanes in order to get from Cemetery Lane to a residence. We have owned our home since 1991, and are well acquainted with the issues of the application pertaining to this amendment request, and are in full disagreement with and in opposition to permitting an affordable housing residence in the "Park-Cemetery ". The requested variance , if granted , would convert the existing maintenance building to a detached single family residence. A precedent would be set that opens the development door for all 38 other city zoned parks. It also would encourage a future developer who wishes to contract this privately owned land for other purposes and confront the question as to whether they have the legal right to alter its use. Burial ground preservation by definition does not include a single family residence for a living person. There should not be any further development allowed on the cemetery property. Respectfully submitted , Steven & Alexis Spiritas 168 9 169 10 Jeffrey Barnhill From:Steven Spiritas <ss@spiritasgroup.com> Sent:Wednesday, April 3, 2024 3:15 PM To:Kirsten Armstrong; Jeffrey Barnhill Subject:RE: Red Butte Cemetery Variance request Follow Up Flag:Follow up Flag Status:Flagged Thank you . From: Kirsten Armstrong [mailto:kirsten.armstrong@aspen.gov] Sent: Wednesday, April 3, 2024 2:15 PM To: Steven Spiritas <ss@spiritasgroup.com>; Jeffrey Barnhill <jeffrey.barnhill@aspen.gov> Subject: FW: Red Butte Cemetery Variance request Thanks Steven! Forwarding to the case planner, Jeffrey Barnhill so he can include it in his packet. Thank you, Kirsten Armstrong (she/her/hers) Principal Planner, Historic Preservation | Community Development (O): 970.429.2759 | (C): 970.319.0700 www.cityofaspen.com My typical in-ofice hours are Monday through Frida y 8 - 4. Our Values: Stewardship | Partnership | Service | Innovation 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: Steven Spiritas <ss@spiritasgroup.com> Sent: Tuesday, April 2, 2024 4:58 PM To: Kirsten Armstrong <kirsten.armstrong@aspen.gov> Subject: Red Butte Cemetery Variance request 170 11 This communication replaces our prior communication . Please add to the HPC packets prior to the scheduled April 24 meeting. Aspen Historic Preservation Commission attention : Kara Thompson, Chair We are writing to urge HPC preserve the sanctity and serenity of the Red Butte Cemetery (RBC) designated historical site by recommending that no housing residential unit be allowed in the existing maintenance building. The cemetery property must remain a sacred place that promotes divine worship , and solemn tranquil thoughts for loved ones and friends. . If overnight permanent housing were allowed, it would be contrary to fostering and protecting its sacred character that HPC has the responsibility to ensure. Thus we request HPC recommend to the city council denial of the variance request. In December, 2008, after an extensive review including a site visit and public comments, HPC recommended construction of a maintenance building because it was an approved conditional use under the current Park zoning at the time . At that time, the RBC board was also requesting a variance to permit a residence be granted. HPC voiced their strong objection to a residence/dwelling unit and voted against the dwelling variance. HPC expressed a lot of concerns not only because the Park zoning would not allow a dwelling, but also because of the inappropriateness of a dwelling unit in a cemetery. We request HPC review the prior minutes and strong neighbor oppositional comments made during that review. For some historical context please see the attachment of Bill Kane’s January 2, 2008 letter to HPC and our attachment dated July 11, 2014 . The entire property was purposely zoned "Park" after much thoughtful deliberation and city agreement with the RBC board at the time (1977 - 1978). In 2008, once it became clear that Council would not approve a residence because both HPC and P & Z recommended against it, and there was overwhelming neighborhood opposition, RBC regrouped and asked only for a “warm room” within the maintenance building. Alan Richman and John Thorpe ( RBC President) ) stood before the HPC and promised assurances that the warm room would never become a residence, temporary or permanent. No one really objected to the warm room because of those assurances, but the warm room proved to be a slippery slope that has gotten us to this point today. The promises turned out to be completely untrue because approximately 2 years after the completion of the maintenance building, RBC came requesting changes to make the warm room a living unit. The RBC stated reasons are the same today as they were in 2008 & 2014. Council approved a conditional overnight living trial in 2014 that would expire in one year. Even then the RBC employee overnighted only 45 nights. That trial expired 10 years ago, and the cemetery has demonstrated its historic ability function and be maintained without anyone sleeping there, as it has for the last 125 years. It should be apparent that this property is to be used solely for the burial of the dead. It is not a place for a single family residence. All of the property is held for burial sites, not for a living site. It should remain a quiet and peaceful hollow ground that allows no development for housing. A permanent resident would make unlimited daily trips of egress and ingress that currently does not exist. Friends and family of the resident would add additional layer of unlimited egress and ingress trips. This becomes more significant when added to the unseemly prospect of garbage collectors, parcel delivery, resident social events, holidays, indoor - outdoor entertaining , sport vehicles etc. driving through the serene dirt lanes in order to get from Cemetery Lane to a residence. We have owned our home since 1991, and are well acquainted with the issues of the application pertaining to this amendment request, and are in full disagreement with and in opposition to permitting an affordable housing residence in the "Park-Cemetery ". The requested variance , if granted , would convert the existing maintenance building to a detached single family residence. A precedent would be set that opens the development door for all 38 other city zoned parks. It also would encourage a future developer who wishes 171 12 to contract this privately owned land for other purposes and confront the question as to whether they have the legal right to alter its use. Burial ground preservation by definition does not include a single family residence for a living person. There should not be any further development allowed on the cemetery property. Respectfully submitted , Steven & Alexis Spiritas 172 173 July 11, 2014 Dear Mayor and City Council Members Attached is a letter that was submitted by Bill Kane during the original RBCA application process. As you can see, Bill was the Director of Planning for the City of Aspen from 1975-1978 when zoning was implemented. He points out that RBC was specifically zoned P Park after much thoughtfulness and careful discussions with the Cemetery Board of that time. We contacted Bill on July 2nd and had a lengthy telephone conversation. Bill is currently serving as Chairman of the Colorado Parks & Wildlife Commission, and as such, travels frequently. He is currently out of town and thus unable to attend this meeting. He did, however, give us permission to re-submit his 2008 letter. As he stated to us, his position has not changed and so this letter represents his feelings today just as strongly as it did then. When the RBC was zoned Park, it was never contemplated that the cemetery would be used for residential housing. He further commented that passing an amendment such as the one being requested by the RBCA will set a terrible precedent that the City Council will regret in the future. Further, such an amendment will have negative and unintended consequences for not only Aspen, but potentially municipalities throughout the valley. Please read carefully Bill’s comments and heed his recommendation that this application be denied. Thank you for considering this, Steven &Alexis Spiritas 174 13 Jeffrey Barnhill From:Bill Sharp <bill.sharp4@comcast.net> Sent:Tuesday, April 9, 2024 8:25 AM To:Jeffrey Barnhill Subject:I support Stoney and cemetery needs Follow Up Flag:Follow up Flag Status:Flagged Sent from my iPad 175 14 Jeffrey Barnhill From:Denise Cetta <dcetta@mac.com> Sent:Tuesday, April 9, 2024 9:06 AM To:Jeffrey Barnhill Cc:Stoney Davis; Michael Cetta Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill: My husband and I own several plots at Red Butte. My father and sister are buried there. I hope you have had the opportunity to visit Red Butte. It has given me and my family such peace as we have mourned and celebrated the lives of our loved ones. We are writing in support of having someone live on site at the cemetery to take care of the grounds. I fear the cost of living in Aspen makes it impossible to sustain a reasonable solution for the cemetery’s upkeep without considering this solution for housing. Mr. Stoney Davis has been a gift to the community in the way he has maintained the cemetery's operations for so long. He will be missed, however, I am certain that if housing is made available that will pave the way to a new sustainable model for this Aspen treasure. We are sorry we will not be available to attend the meeting on April 24th, so please take this email as a sign of our full support for the model of housing a caretaker on Red Butte’s land. Please let us know if we can be of further assistance during this committee discussion. All the best. Denise and Michael Cetta Denise Schrier Cetta Producer, CBS News, 60 Minutes Cell: 202-262-5948 176 15 Jeffrey Barnhill From:Jones, M. Douglas, Jr. <DOUG.JONES@CUANSCHUTZ.EDU> Sent:Tuesday, April 9, 2024 9:22 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Association proposal Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, My wife and I own two plots at the Red Butte Cemetery. Ongoing maintenance of the property is a concern. For years, D. Stone Davis has been doing much of the work needed to sustain the Cemetery and its appearance— everything from business matters to watering newly planted trees—gratis, as a volunteer. The Association is unlikely to find a volunteer replacement with Mr. Davis’s constant ready availability and devotion. The sustainable solution is that proposed by the Cemetery Association, an employee living on site. We wonder if neighbors objecting to this proposal have considered the possibility that the appearance of the Cemetery might deteriorate when Mr. Davis is not constantly available. More important, the Association’s obligations to its neighbors are necessarily secondary to its obligations to the families of loved ones buried at Red Butte Cemetery and to the Aspen community at large. We hope the Association’s proposal is evaluated accordingly. Best regards, M. Douglas Jones, Jr., MD 177 16 Jeffrey Barnhill From:Elizabeth Gell-Mann <boxwood77@yahoo.com> Sent:Wednesday, April 10, 2024 12:04 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery proposal to house onsite local caretaker Follow Up Flag:Follow up Flag Status:Flagged Hello, Jeffrey, I support the Red Butte Cemetery Association proposal to continue the tradition of housing a local caretaker onsite, at the north side of the cemetery. The cemetery has been well cared for, by following this tradition. Best wishes to the next local onsite caretaker. Elizabeth Gell-Mann. 178 17 Jeffrey Barnhill From:Leo Barabe <barabe@sopris.net> Sent:Wednesday, April 10, 2024 4:24 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Association Follow Up Flag:Follow up Flag Status:Flagged Jeffrey Barnhill Community Development Department City of Aspen Dear Jeffrey, We’re writing in support of the Red Butte Cemetery Association’s desire to house an employee within the cemetery property. My wife and I live right next door to the cemetery on the south side. She has lived here since 1956 and I since 1984. We have always found the management and employees of the cemetery to be great neighbors. Having an employee living on the property makes good sense to me. Having an employee live in the community where they work is a plus for a town that has such a difficult time housing its workforce. If you could share our thoughts with the Historical Preservation Committee it would be appreciated. Thanks for your time. Respectfully, Leo and Carolyn Barabe. 179 18 Jeffrey Barnhill From:Bernie Pearce <bdpsinsello@gmail.com> Sent:Thursday, April 11, 2024 2:06 PM To:Jeffrey Barnhill Cc:D. Stone Davis Subject:Red Butte Cemetery Caretaker Proposal Letter of Support Follow Up Flag:Follow up Flag Status:Flagged 4-11-24 … 2:05 p.m. To Jeffrey Barnhill: We are writing this memo to urge the HPC to seriously consider the proposal by the Red Butte Cemetery Association that the new sexton be allowed to have housing capabilities onsite in the building provided on the north end of the property. A cemetery is a sacrosanct location which infuses a community with a spirit to maintain a sense of dignity for its family members that have passed on and retain a key element of history that honors its forebears. In essence, it is a tangible connection to the intangibility that blends the past with the present and gives rise to the future. Thus, the provision of the primary caretaker to live onsite makes the general stewardship move to the forefront by allowing such important activities as preparation for burial arrangements, consistent maintenance of sections and plots, and helpful guidance to visitors be readily available. The HP of HPC stands for Historic Preservation. So what better way to live up to that designation than to take this reasonable step to honor the request by the Red Butte Cemetery Association. With sincerity and reverence, Bernie & Rich Pearce 216 E. Main St. Aspen, CO 81611 180 19 Jeffrey Barnhill From:Jaquetta Friend <Jaquetta@aspencapital.co.uk> Sent:Thursday, April 11, 2024 3:57 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery- Local Housing Issue Attachments:Letter Red Butte Ceremony April 2024 .pdf Follow Up Flag:Follow up Flag Status:Flagged Dear Mr Barnhill Please see attached Mr Robert Hissom’s letter in support of oering housing to a local who can take ca re of the Red Butte Cemetery. Best wishes. Jaquetta Friend EA to Robert Hissom Aspen Capital Partners (Europe) Limited WhatsApp +447788372970 Disclaimer This email message has been scanned for viruses by Mimecast. Mimecast delivers a complete managed email solution from a single web based platform. For more information please visit http://www.mimecast.com 181 ASPEN CAPITAL PARTNERS (EUROPE) LIMITED § 85 HARBORD STREET, LONDON SW6 6PL ROBERT@ASPENCAPITAL.CO.UK § TEL: +447836360460 JAQUETTA@ASPENCAPITAL.CO.UK § TEL: +447788372970 REGISTERED OFFICE: CHANCERY HOUSE, ST NICHOLAS WAY, SUTTON, SURREY SM1 1JB § REGISTERED NO.: 03398248 ENGLAND & WALES AUTHORISED & REGULATED BY THE FINANCIAL CONDUCT AUTHORITY 12 April 2024 Jeffrey Barnhill Historic Preservation Committee Community Development Department BY EMAIL: jeffrey.barnhill@Aspen.gov Dear Mr Barnhill Red Butte Cemetery – Proposed Local Housing I write in support of the proposal to house a local to take care of the Red Butte Cemetery, which is critical to Red Butte Cemetery’s future. Housing a local in an existing structure in a market that has nearly no affordable housing is the right thing to do. I endorse the cemetery’s proposal for an onsite manager. Best wishes. Robert Hissom 182 20 Jeffrey Barnhill From:Wil Bailey <wil@thewinecompany.net> Sent:Friday, April 12, 2024 8:55 AM To:Jeffrey Barnhill Subject:Red Butte Cemetary - housing Follow Up Flag:Follow up Flag Status:Flagged Mr Barnhill – I’m writing you in strong support of the Red Butte Cemetery’s request for on site housing for a local employee. I grew up in Aspen. My mother (who still lives in town) owns a plot at Red Butte where she will eventually be buried. I have many other friends and family who own plots planned as the final resting places for themselves and their families. And I have many friends who are already at rest at Red Butte. Maintaining Red Butte Cemetery as a functional and indispensable part of Aspen’s historical and future infrastructure is vital. How is that going to happen without someone to manage and do the work there? We’re all clear on the extreme worker housing challenges in Aspen. As I understand this request it is to let an employee working on site live in the existing building on the property. This seems like an awfully simple solution to a specific and undeniable need. Red Butte is beautiful and important to Aspen. Allowing a resident worker on site will only improve the long term benefits and sense of community the Cemetery provides to all Aspen residents and their families. Thank you very much for taking the time to read this message. Be well, Wil Bailey (he/him/his) Portfolio Director Phone: 651-487-1212 425 W Minnehaha Ave, St. Paul, Minnesota, 55103 Browse SevenFifty Catalogue | Download Spirits Portfolio 183 21 Jeffrey Barnhill From:Sashapfit <sashapfit@aol.com> Sent:Friday, April 12, 2024 10:46 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, Thank you for all you do. I am writing in support of the proposal for an onsite manager at Red Butte Cemetery to best preserve Red Butte's future. This is an ideal solution to help maintain the unique and historic nature of Red Butte in the centuries to come. An onsite manager would provide a greater level of security, the ability to immediately address regular and unexpected maintenance issues and would be readily available to prepare plots to be opened for funeral services. Given the needs of Red Butte families for peace of mind in this very special place, having an onsite manager would strengthen the plans for the cemetery's future upkeep. The knowledge that a local would live on the premises to look after the precious resting places of our loved ones (and eventual resting spots for some of us) is an indescribable and invaluable comfort. Also, the distance from any neighbors' houses to the existing structure proposed to house the onsite manager is significant and certainly greater than the distances between the neighboring houses. So any potential concerns they might have pale in comparison to the need for a sustainable future for Red Butte, which predates most of those houses. I recommend the Historic Preservation Committee strongly endorse the cemetery's proposal for an onsite manager. Please feel free to reach out with any questions or concerns. Many thanks for your consideration. Kindest Regards, Sasha Meshkov 184 22 Jeffrey Barnhill From:rlrmd@aol.com Sent:Friday, April 12, 2024 12:19 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, I have a vested interest in Red Butte Cemetery. My wife of 43 years is buried there, and I plan to be also when I die. The Red Butte Cemetery Association (RBCA) is developing a long-term plan to guarantee the cemetery’s maintenance and upkeep. The RBCA believes this is essential and the best way to accomplish this would be to hire an onsite manager. One way to ensure being able to hire such a person would be for that person to have housing. It is no secret that housing is becoming more and more of a problem in the Aspen area. They propose to house that person in the existing structure on the north end of the property. I am asking you to support this proposal to safeguard the vital ongoing maintenance of the Red Butte Cemetery not only for myself but for the entire community. Thank you for your support. Randy Rosett 505-934-4948 185 23 Jeffrey Barnhill From:j.walker1776@gmail.com Sent:Friday, April 12, 2024 4:06 PM To:Jeffrey Barnhill Cc:j.walker1776@gmail.com Subject:Red Butte Cemetery onsite manager Follow Up Flag:Follow up Flag Status:Flagged I’m an Aspen resident who lives on Silver King Drive just o Cemetery Lane. I support allowing an ons ite manager to reside in the existing structure at Red Butte Cemetery. The cemetery has been a part of Aspen since 1899 and is the final resting place for thousands of our residents. One of those buried there is my 26-year-old daughter Kathryn who passed away in 2014. It is comforting to the community to know that someone is housed onsite for the daily, as well as the unexpected, needs for the cemetery’s upkeep and security. The proposal to house an employee going forward is a practical and reasonable step. As we all know, aordable housing for locals is a rare commodity at best. To create an aordable unit for a local who’ll mainta in the historic site is the right thing to do for the City of Aspen. A few neighbors have expressed concerns about this housing unit. The existing structure is more than 100 yards away from the houses that border the cemetery. Those neighbors are much closer to each other than they are to the proposed and existing housing unit. I strongly recommend the Historic Preservation community endorse the proposal of housing an onsite manager to help preserve the cemetery. Thank you. John E. “Ned” Walker 186 24 Jeffrey Barnhill From:Karen Steveson <kchizs@comcast.net> Sent:Friday, April 12, 2024 6:43 PM To:Jeffrey Barnhill Cc:D. Stone Davis Subject:Employee housing at RBC Attachments:RBC.docx Follow Up Flag:Follow up Flag Status:Flagged Hello, Please find attached my letter in support of the proposed employee housing for RBC. Sincerely, Karen Chisholm Stevenson kchizs@comcast.net 970-970-7948 187 To: Jeffery Barnhill From: Karen Chisholm Stevenson Dear Jeffery, I recently received an email from Stoney Davis, regarding the changes the Red Butte Cemetery Association is proposing this year. First, let me say that I have considerable respect and appreciation for Stoney’s long history of service he has provided for the association and the community. Also, on occasion I have had the need for working with Stoney, as I have many close family members and friends resting in peace at the Red Butte cemetery, as both sides of my family were born and raised here with family in Aspen and the RFV since the 1800’s. This cemetery is a special place, and I hope it to remain so, for many years to come. As I have indicated, I was born and raised in Aspen, and have been a part of its history, growth and many changes most of my life. That said I can fully understand the need for employee housing that isn’t miles away from the source of the business. Therefore, I very strongly agree with, and support, the RBCA’s specified request to provide this on site at the current location and using the already existing structure on the north end of the propert y, for an individual that fulfills the duties described. In addition, it is with dismay that I understand neighbors in the area have issue with this as the building already exists and is well away from the Snowbunny subdivision and so would seem to not infringe on anyone’s privacy. Again, having been born and raised in Aspen and having seem many many changes and lots of growth I think it is very important to provide living spaces within the community that don’t require long drives to get to work and for employees that work within the community. So please consider this letter a “vote” of support for the proposed employee housing at the Red Butte Cemetery. Sincerely, Karen C. Stevenson 188 25 Jeffrey Barnhill From:ANNE COLE <cole805a@aol.com> Sent:Friday, April 12, 2024 7:45 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, I am wring in support of the Red Bue Cemetery Ass ociaon’s plan to house an onsite manager at Red Bu e Cemetery in a pre-exisng building. My father, Sydney Meshko v, is buried there as well as many family friends. I have a personal interest in ensuring that the maintenance and upkeep connues in a similar manner as it has over the l ast several decades. I agree with the Associaon that an onsite manager housed on the premises would be the best soluon. Sincerely, Anne (Meshkov) Cole Sent from my iPhone 189 26 Jeffrey Barnhill From:Richard Simpson <rsimpson.dallas@gmail.com> Sent:Saturday, April 13, 2024 12:48 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Mr. Barnhill, I am wring in support of the Red Bue Cemeter y’s board proposal requesng the allowance of a res ident groundskeeper in the current on-site facility. I have taken walks in the cemetery since a then family home on Silver King (where my wife and I currently spend almost every other month) was built in 1987, when I was 35…with a 3 year old daughter, who ended up as an adult in Aspen. We now have 2 grandsons in and entering into the Aspen School District. Times have indeed changed. No more having a pitcher at Cooper Street on the sidewalk. And no more of a lot (no) more. That’s a book…not a story. Change isn’t easy, and I get that the RBC neighbors see (in their mind’s eye) kids on bikes, lights…a cemetery becoming someone’s playground. (Belly Up II? ) I also get that the Red Bue Cemetery is a valuab le community asset where there’s a lot of history. It is my understanding that the Elks Club provides resng places for members who would ask for such, so its locals’ history is only expanding. I know that there is a love of the Red Bue Cem etery by the individuals who are responsible for it, because they have loved ones who are buried there. I’d bet they will be too one day. The point being, I doubt very seriously that the RBC board made their request without such being their best opon for the long term care of those grounds. Likewise, I trust that such can be implemented so as to alleviate the neighbors’ more serious concerns. Thusly what I hope is that the request will be approved. Likewise, I would think that a vote not to approve almost demands a workable alternave be provided and respo nsibility for such be taken upon by…(fill in the blank). Not just a No vote and that’s that. Somemes larger needs are more important than so called NIMBY issues…which…to a certain degree, this seems to be. Disclosure: My wife and I have a plot (just a bit west of the aforemenoned “on site facility”) where we’ve asked our Aspen daughter (and CA daughter) to put us (ashes)…hopefully a while down the road. !"#$%&’ So I am indeed hopeful that the RBC will have connued upkeep. ()*+ It also seems that with a resident enabled facility that there would be less chance of some soul’s funeral/interment being canceled because…”So sorry…our guy couldn’t get here from (Silt/Rifle/Juncon).” Just sayin’. ,-./-01234 !"#$%&’ … tongue in cheek, sort of. Sincerely, Richard Simpson 190 27 Jeffrey Barnhill From:Alvin Arlian <alarlian4@gmail.com> Sent:Saturday, April 13, 2024 7:13 PM To:Jeffrey Barnhill Cc:dstoned@comcast.net Subject:Red Butte Cemetery Caretaker Follow Up Flag:Follow up Flag Status:Flagged Aspen Community Development Department Attention: Jeffrey.barnhill@Aspen.gov April 14, 2024 RE: Red Butte Cemetery We are writing to you to express our support of the Red Butte Cemetery Association housing an onsite caretaker in the existing structure located within the cemetery. A cemetery caretaker living in the existing structure would: A. Increase fulltime maintenance, security and enhance the cemetery’s safety, beauty and natural environment, B. Be beneficial to adjacent property and homeowners and their property values, and C. Help Aspen and Pitkin County’s current residents and future generations’ consciousness of community and history. We currently own plots, and have great grandparents, grandparents, parents, spouse, sibling, and numerous cousins, aunts and uncles buried in the cemetery. An onsite caretaker living within the cemetery would ensure that our love ones’ grave sites would in the future be a place of beauty and peacefulness. Respectfully Submitted, Al and Bessie Arlian Redstone, Colorado cc: Red Butte Cemetery Association dstoned@comcast.net 191 28 Jeffrey Barnhill From:Craton Burkholder <cratonb@comcast.net> Sent:Sunday, April 14, 2024 9:55 AM To:Jeffrey Barnhill Subject:Cemetery Employee Housing Follow Up Flag:Follow up Flag Status:Flagged We have four sites and would support on site employee housing to assist in care of the cemetery. Thanks! Dr. Craton Burkholder Sent from my iPhone 192 29 Jeffrey Barnhill From:Robert Olson <robertwolson@gmail.com> Sent:Sunday, April 14, 2024 11:55 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, My wife and I own burial plots in Red Butte Cemetery in the expectation that our family will visit us there and appreciate its peaceful, beautiful surroundings after we are gone. However, this ambience will be lost if the cemetery grounds are not properly maintained on a continuing basis. As a consequence, I am writing in support of the request of Red Butte Cemetery for permission to house an on-site manager in an existing structure on the property. My understanding is that such an arrangement is critical to the Cemetery's continued ability to keep its historic grounds in a condition that is respectful to the persons interred there and their families, as well as the cemetery's neighbors and the community at large. With affordable employee housing being increasingly difficult to find in the Aspen area, the Cemetery's ability to engage maintenance employees in the future may be impaired if it cannot offer housing on its grounds. Thank you for your consideration. Bob Olson -- Robert W. Olson 2121 Alpine Pl., #902 Cincinnati, OH 45206 513-607-1598 (cell) robertwolson@gmail.com 193 30 Jeffrey Barnhill From:Ellen Marshall <eflarity@yahoo.com> Sent:Sunday, April 14, 2024 4:09 PM To:Jeffrey Barnhill Subject:re/ Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged We are long time residents of Aspen and voicing our support to house an employee at the site. We see no problem with this being approved. We have friends and family buried there and a keeper sounds prudent. The facility to house this person is in place and it really sounds like such a win/win option. That is our opinion and we hope the board will see it, too. Sincerely, Tom and Ellen Marshall 300 N. Riverside Ave Aspen 970-948-0662 970-948-7171 194 31 Jeffrey Barnhill From:Sandy Johnson <skjdesign@comcast.net> Sent:Monday, April 15, 2024 11:55 AM To:Jeffrey Barnhill Subject:RB Cemetery Follow Up Flag:Follow up Flag Status:Flagged I see the noce re: housing unit, and re-zoning to allow that. How much property are they asking to be re-zoned? It certainly is not a residenal area, it’s a histo ric cemetery! What do they really have in mind? May I suggest it makes a lot more sense to re-model the small white building that is adjacent to a residenal area already, if what they want is housing for one caretaker. Please explain, thanks! Sandy 195 32 Jeffrey Barnhill From:Janet Blaich <janblaich@gmail.com> Sent:Monday, April 15, 2024 2:43 PM To:Jeffrey Barnhill Subject:Red butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged To the HPC Bob Blaich sat at the table with some of you at HPC meetings over a number of recent years. He served as Vice Chair until he resigned several months before he died. He is buried in Red Butte Cemetery. When Bob and I selected and purchased our plots, it was meaningful to us that this cemetery was a special gift to Aspen where generations of people who lived , worked, raised families and loved their mountain valley have been buried in this cemetery . We were also confident that the Association who owns and maintains the cemetery and has cared for it so well would continue to do so at the same level of care. Stone Davis as their president has volunteered to oversee the maintenance for the past twenty some years, tending to all the small and large details that have been necessary to ensure that the cemetery is well cared for..But time moves on. .I am grateful that the Association is looking ahead to its future care., The plans call for putting into place a full time site manager to oversee all operations necessary to maintain the cemetery grounds. Providing housing on the grounds for the manager is a win-win all around, including for the neighborhood. Continuous care and increased security, as well as adding another badly needed housing unit ro Aspen's critical shortage benefits everyone... I know how Bob would regard this plan. The points I have made I'm certain are the points he would make. I urge the HPC to concur with those points for a favorable reception to the Red Butte Cemetery Association's plans. Sincerely, Jan Blaich 196 33 Jeffrey Barnhill From:Gary Bishop <bishop_77@msn.com> Sent:Tuesday, April 16, 2024 9:55 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Onsite Manager Proposal Attachments:Red Butte Cemetery Matter.doc Follow Up Flag:Follow up Flag Status:Flagged Mr. Barnhill, Would you please pass on the attached letter to the Aspen Historic Preservation Commission. Gary Bishop 197 Gary Bishop 3654 E. Cove Point Drive Millcreek, UT 84109 Telephone: (719) 221-0494 E-Mail: bishop_77@msn.com April 16, 2024 Re: Red Butte Cemetery Onsite Manager Proposal Aspen Historic Preservation Commission: The purpose of this letter is to endorse the Red Butte Cemetery Association’s proposal to house an onsite manager in an existing building on the cemetery property. It is important to my family that the cemetery continue to be properly preserved, maintained, and improved going forward. Many members of my family are buried there including my parents, both sets of grandparents, both sets of great grandparents, two uncles and an aunt and a number of other more distant relatives. I have great confidence in the judgement of the Association’s board of directors and, if they believe that having an onsite manager is the best option for the future, I fully trust in their judgement. This is a very common-sense solution in an place where employee housing is expensive and in short supply. I can only hope that those neighbors who oppose this proposal will show some respect and consideration for those who came before them. Your consideration of these comments is appreciated. Respectfully, Gary Bishop 198 34 Jeffrey Barnhill From:PAMELA DOLBY <pdolby2@mac.com> Sent:Tuesday, April 16, 2024 11:41 AM To:Jeffrey Barnhill Subject:On site manager at the Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Hi Jeffrey, As I understand it, there is potential to have an onsite manager at the cemetery.. As a neighbor (our home is at the corner of Castle Creek Drive and Cemetery Lane) and dog owner I am in the cemetery every day…I’m usually the one that calls Stoney if there are issues that arise when no one is there. In the past that includes: 1. Water issues with the sprinklers where they shoot water 5-10 feet in the air 2. Tree branches down-some in the past have been substantial 3. Random escapades where a car gets stuck in the drainage ditches. It would be brilliant to have a full time manager living on property. I consider the Red Butte Cemetery to be one of the most beautiful and historic locations in Aspen and would love to see it maintained at the highest level. Best Pam PS please feel free to call me if you have further questions PAMELA DOLBY 787 Castle Creek Drive Aspen, CO 81611 pam@pameladolbyphotography.com 312-636-8624 199 35 Jeffrey Barnhill From:Billie Erwin <aspenbillie@gmail.com> Sent:Tuesday, April 16, 2024 12:57 PM To:Jeffrey Barnhill Subject:Red Butte Cemetery Attachments:Anita Erwin-Red Bute Cemetery Letter.pdf Follow Up Flag:Follow up Flag Status:Flagged Dear Jeffrey Barnhill, I have attached a letter for your consideration for the City’s Community Development Department and for the Historic Preservation Commission. This is concerning the Red Butte Cemetery and using the existing structure on the north end of the property as an employee residence. Please review my letter for the upcoming meeting on Thursday, April 24 at 4 p.m. in City Hall with the Historic Preservation Commission. Thank you, Billie Erwin 101 West Francis Aspen CO 81611 970-948-6815 200 Anita (Billie) Pierce Erwin 101 West Francis Street Sarasota, Florida 34233 4/16/24 Historic Preservation Committee C/O: Jeffrey Barnhill jeffrey.barnhill@Aspen.gov Dear Historic Preservation Committee: My name is Anita Pierce Erwin, but I go by Billie. I have been a long time Aspen resident and have been a realtor in the community for many years. My husband moved to Aspen in 1995. He and I met and fell in love here. We were married on the grounds of the Aspen Historical Society following a memorable “Great Gatsby Party” in 2006. My husband co-founded the Aspen Mountain Club and served on the board of Theatre Aspen and the Aspen Historical Society. He was also a member of the Elks & Rotary Clubs. Aspen has meant so much to us over the years. We also have many friends here in Aspen. Sadly, my husband passed away in March of 2023. Since we were long-standing Elks club members in good standing, Greg was able to be buried in his beloved Aspen at the Red Butte Cemetery in June of 2023, as was his wish. Stoney Davis did so much for me when it was time to pick out the plots and arrange the burial of my beloved Greg. Stoney’s always done an excellent job for the Red Bute Cemetery Association. I felt comforted knowing he would be there to look out for my Greg. Now that he is retiring, I feel it would be a very good use of the existing structure on the property to be used for employee housing to have an onsite manager for the cemetery. I feel like my Greg would be wonderfully looked after and all would receive the care and respect they should have as beloved departed citizens of our wonderful home here in Aspen. I feel I have a special stake in this outcome as this is my husband’s final resting place and it will be mine when I join him. I would love to know that someone was on the property looking after my husband and myself, when it’s my time to be with him again. As a realtor and homeowner in Aspen and the surrounding area, I know how scarce employee housing is in Aspen. It is in critically short supply. People that work for me have to drive an hour + one way to provide much needed services. It is very hard to take care of houses when they are unable to come. I feel this would be the most economical use of an existing structure while keeping the historical importance of the building and area. It will also mean that someone is always there to look after our loved ones. Someone will be there, on-site to continue the important work Stoney and the Red Bute Cemetery Association have excelled at, in preserving, maintaining, and improving the Red Butte cemetery as a beautiful site to be a final resting place. I feel this is critical to Red Butte Cemetery’s future. Sincerely, Anita (Billie) Pierce Erwin 201 36 Jeffrey Barnhill From:joseph wells <joewells@me.com> Sent:Tuesday, April 16, 2024 9:23 PM To:Jeffrey Barnhill Cc:D Stone Davis Subject:Letter to Aspen Historic Preservation Commission Members Attachments:2024 (04-16) Red Butte Cem Corres.pdf Follow Up Flag:Follow up Flag Status:Flagged Jeffrey, could you please forward our leer to the members of the Commission for their consideraon? Thanks, Joe Wells 202 203 37 Jeffrey Barnhill From:Barney Bishop <babceb@bellsouth.net> Sent:Wednesday, April 17, 2024 5:09 AM To:Jeffrey Barnhill Subject:Red Butte Cemetery Attachments:Red Butte Cemetery.docx Follow Up Flag:Follow up Flag Status:Flagged Mr. Barnhill, Would you please pass the attached letter on to the Aspen Historic Preservation Committee? Many thanks. Barney Bishop To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Virus-free.www.avg.com 204 Barney Bishop P.O. Box 258 Crofton, KY 42217 April 17, 2024 Aspen Historic Preservation Commission Jeffrey.barnhill@aspen.gov RE: Red Butte Cemetery Onsite Manager Proposal A full-time onsite manager at the Red Butte Cemetery is a necessity, and has been for a long time. As I understand it, there are living quarters already on cemetery property. If that is true, what is the issue? I don’t see where this has any impact on historic preservation what-so-ever. Our family has great interest in the cemetery. We have relatives buried there that were some of the earliest settlers in Aspen. Our parents were born in Aspen and are also buried in the cemetery. It is very important to everyone, who has relatives buried in the cemetery, that it be maintained to the highest standard, and one way to achieve that goal is to have an individual there full-time. With housing being at such a premium in Aspen, it makes perfect sense to utilize what is already available, and use the facility on the property. We all would love to live next to a private place to walk and let our dogs run loose, but there are more important issues such as maintaining the hallowed grounds of the people who made Aspen what it is. Please allow common sense to prevail. Thank you for your consideration. Sincerely Barney Bishop 205 38 Jeffrey Barnhill From:Kurt Brendlinger <kbrendlinger@smcapital.com> Sent:Wednesday, April 17, 2024 1:32 PM To:Jeffrey Barnhill Subject:Friends of Red Butte Cemetery Follow Up Flag:Follow up Flag Status:Flagged Aspen Historic Preservation Committee Dear Committee Members, I am writing to you today to express my strong support for the proposal to house the Red Butte Cemetery employee on site in the existing structure. I believe that this decision would have numerous positive impacts, not only for the efficient and respectful maintenance of the cemetery but also for the broader community. Firstly, having an employee residing on site ensures immediate and consistent attention to the cemetery's upkeep. This presence will help preserve the cemetery's historical and aesthetic integrity, and allow for timely responses to maintenance and funeral operations. Moreover, an on-site employee can also contribute to a sense of safety and security at the cemetery. This level of protection is crucial for maintaining the site's historical significance and honoring those who have been laid to rest there which include some of my family members Additionally, having an employee residing on site may foster a greater sense of connection to the community and the cemetery itself. This connection can lead to a more personalized and dedicated approach to preserving the cemetery, which aligns with the goals and values of the Aspen Historic Preservation Committee. I urge you to approve the proposal and support housing the Red Butte Cemetery employee on site. Considering the ongoing affordable housing crisis, this decision will benefit the cemetery, the employee, and the community as a whole. Thank you for your consideration. I appreciate your dedication to preserving Aspen's historical sites and supporting the local community. Sincerely, Kurt Brendlinger 206 39 Jeffrey Barnhill From:Ingrid Stuebner <istuebner@comcast.net> Sent:Wednesday, April 17, 2024 1:16 PM To:Jeffrey Barnhill Cc:Stoney Davis Subject:Red Butte Cemetery Attachments:letter for Red Butte cemeteay.docx Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnihill, Please see the attached letter in support of an insight manager at Red Butte Cemetery. Thank you for your Assistance, Ingrid Stuebner 207 Ingrid Stuebner 6180 E. Otero Dr. Centennial, Co 80112 4.17. 2024 Re: Red Butte Cemetery Onsite Manager Proposal Aspen Historic Preservation Commission Jeffrey.barnhill@aspen.gov Dear Mr. Barnhill, I’m writing because I’ve been informed by the Red Butte Cemetery that they are seeking permission to hire an onsite manager. I was born and raised in Aspen and have purchased a plot there for myself. My great grandparents, grandparents, parents, uncles, aunts and brother are all buried there. All of our gravesites have perpetual care. Our family has a longstanding history of contribution and support of the Aspen community. We have over 130 descendants from our Aspen linage. When we return to Aspen, we gather at Red Butte. Several family members have moved back to Aspen. It is important that Red Butte Cemetery is maintained and protected to preserve the history of Aspen that is represented there. I support the proposal to house a manager on the property in order to protect and preserve the integrity of the appearance and history that is represented there. Sincerely, Ingrid Elisha Stuebner Telephone:(303-349-2720) E-mail: istuebner @comcast.net 208 1 Jeffrey Barnhill From:Judy Schramm <jschramm@rof.net> Sent:Thursday, April 25, 2024 2:46 PM To:jeffrey.barnhill@aspen.gov. Cc:D. Stone Davis Subject:Onsite Manager Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill, I own two plots in the Red Butte Cemetery, one is occupied by my late husband, David. I think it is very important that we have an on-site manager of the cemetery. I have felt this way since the subject was first brought up many years ago. Recent events have only made the need more obvious to me. The bronze sculpture that I had made for my husband’s gravesite was vandalized a couple of years ago. Vandals tried to remove the sculpture from the marble stone. I had the sculpture reattached to the marble stone last summer. The Monument Company from Grand Junction had to make a special trip to Aspen to make the repairs. Now, I was just made aware that vandals have once again tried to remove the sculpture from the marble, only this time, they were able to move the sculpture further from the marble. I believe that an onsite manager would have been able to prevent this deliberate destruction of my husband’s monument. I hope the HPC will agree that the Red Butte cemetery needs an onsite manager for proper maintenance and protection. Thank you for your consideration, Judy Schramm 209 2 210 3 211 4 212 5 Jeffrey Barnhill From:David Hyman <davidhyman@comcast.net> Sent:Tuesday, May 21, 2024 11:47 AM To:Jeffrey Barnhill Subject:In support of the Red Butte Cemetery housing application Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Barnhill - My wife and I are neighbors of the Red Butte Cemetery, residing on Bunny Court since 1986. The Red Butte Cemetery is both a good neighbor and a special amenity to all in the neighborhood. It would be ironic for ANYONE in close proximity to the cemetery to oppose the application, recognizing how much they benefit from a well maintained and so well cared-for property. I support the Cemetery’s application and know from long experience that the Cemetery will honor any commitments it makes and will continue to be a good neighbor. Given the difficulty of employing and housing good people in this valley, it would be irresponsible to not do everything possible to support thoughtful opportunities for housing and employment. Unfortunately, I will be unable to attend the hearing on June 25, but if I can be of any further assistance, please do not hesitate to contact me. Thank you, David David Hyman PO Box 1954 Aspen, CO 81612 970-618-2019 davidhyman@comcast.net 213 I l;:t . I\nn.. Ajirll 11.—Fr om pros- i ' ¦i.l:osilli >:is [In¦ iniuiici|)ill govern- i' "I ' llif li ttle town of Concord ,v w ill hi' eondiioited by mail mid : : .-i-a pli I'm- I lip ni'Xl two yours li.vti tonus nl' Hie nutl-eloctlou pledge .: the il ly dllli-l.ils elected Inst Tiles- i!.n .Mrs. Ca rrie Nation Is to bo the -a: •mi- ruler <if tin. place for the¦: . *.; :\v o years . She will accept the i.!'i : • mil' Ihi- town along the linos ,,¦ _ ' g overnment us she . uiitler- .-:.. bill sin- will rcin.'llli horo !' ¦¦ •. thin- mill will write her : i .;. 111 ihc ollio.inls and will ;i • :itlni - r o)torts from thorn. \\-.i ¦¦¦¦¦'• -en! '-u ses she will resort i t-. • •¦ ami in this urniincr she I: I. : ¦ will lie able to conduct ¦ he Town of Concord , Nebra ska , I Will be Ruled by Carrie Nation irosn Kansas by the Mai! and Telephone I Giving Instructions to the Council She Will Fra me All Ordin ances and They Will Be Corkers. The Saloon Men Fled Precip itately [.',. - .1 •¦ -in-lit of th o elty as n side ""¦¦ " mana ges her ntTa.irs here .; I tin- work i>r ridding Knn-¦» ".' -• Th e lie»t Issue of tile¦ liil. Mrs . Xntl uii 's paper, :i i an I'llltiirial by Mrs . Nn- m: er in which slu; will •u n . S!u> will frame scv-¦•¦¦•- ami mall them tu tile : with the Instructions i ; l i-iveil by till- cinilli'll ' • i-lTei-l. liiinieillii.l ely. . :¦ u-.illii- uf Di e town will ' ..lief . .M rs. Nation does .-ui y I i-iiubli' on Ibi s ii I'- ll.i * boon Iiit 'ornii'd by •'¦il ina yiir Hint I lie snl- "V tbe town moved out !. .iirs af ter the result "of i I. ' ¦ •' :'* ll lliiWIl, i .. Keepers will hcren ftoi : i: ' !••. bill ;i slirhigenl Ol'dln-'•ii "-" -iil ,j,.,-| will be drafted by Mi Mrs . Nati on says tlint•¦''- ' " Hie Imv n of Concord , i! ' .1 I \ illage during '" T >'o- •-" • '¦¦<¦. she will frump mid l-i- I iIn uiioll ordinance l" :'i " spitting In tli (> public ' .' li.'.'M'y tin e will bo pro- * ¦.' i ¦ •• 'ii- wbii smoke outside '•¦ '' ¦ • ii miii'. There lire ii imm- * i i'nriii s wbleli Mrs . Nn- ''¦" ¦•!::urate ns soon lis she -' • iin li-.iilim wllh the ofll- <"- i ¦!¦:.,¦ K x.iniinatio n o( Canals. v \|irll il,-W orking ': vr ntiil without pub- 1 ' . ...ii i.-.ira llnii hits undcr- ' ..!' ir.n ivi. oxiiinlnntlon '' ' .ni'I Nicaragua em ml ' ii .1" unkn own mid 1 ¦"'¦¦ -¦ I.iris ll-iv o lll'l'll pllicoil 1 ¦' " ¦¦H llelll iiIIIi'IiiIn b ,V I'JII - '" " ' "f ll le I'llllllllUI Cilllill , '"'•" '¦¦ , i •-¦il throu gh here He i>! '¦¦¦¦ \io,n-n gun route Is 1 ' ]. -rl 'iillr al vulcanic or- ' ¦ u nild lliroiitoii the ,' and be a menace to ''¦; <'• i rays Hie short !l: ' ' In the l sli'llcllotl I"- 11 imiiic , lire n severe;l ¦-. Ii those views are ills- :' ' i it If . Th ey show re- ¦''"" ¦¦ "i bt'll -llf Of till' I'llll-''''¦ ii.- ilo|iiii'iiiiciil Ims ' '" 'I^hIoi'Ih k; the e lTect >'' if .iii-.iiil lteil by .Mill-¦ '¦¦»¦! iii.irkod collci'S- i ' ' M.iu- y mi c ondltUiUH ['"'' I Sliiles iis-iiiino the ! ' 'e: I Ii.' i-iuiiil. Tin" ne- V' f.'llrsi. lonhlllVO 111 | ' ' ' ¦• t Hull cnifjo'oss Cllll [ ' '" ¦ • • i tie 1'iiie rpi'lmi whlcli | \ ' iillt l.'IW oil III lCf ?lwlll- , ^ 1 "viii|j Cup , ' " ¦ Vfi.l il . The SI, Nlcli. I \- l'll|ll|>IMl'l\ llV \\\v ] ' "'" .'Id KiilcUei'bitcUer I " '¦ fin a iiuiK'nllleoiil u '/ ""ii WlUifttnlim «t ¦ ''' ' i of Us i-Hteein. Ti to ;,.,'"' "' •' ¦ i«v 'riffiiny and cost i ,'"" ' ¦¦• •'• .1 do fcyhtor, of tl ie ,, ' ' ' ' i ll" n-IiilIriitH liptweeh I II ' v "'"¦ "»l tin' riimlllrfl of ;,J ('."'' iU ¦ iii Now York linvoi^'[ '"»-i i s .u , i,,.,. ii,.n .ss|on ,',m»d bo- 'lu ' t '"' w ;'» " "I «yiiv|mt)i .v Willi tll«"in t h-ir -miuyio nRAIh iil 'CU^nt CARRIE N ATION8K" * WILL RUN TOW N Brltnln. The presLMitiitliiu of the cup will be ii fashion able fuiioiUiin. .Manyropresentii lives of the dosocn ikiits nro those who found ed Kmv Anistordiini will b eprosPiit . Have Found the Mone y Xew York , April (!.—A kiwcJsiI to theTiibuiii! fr om WashiUKtun says: InipoHant dcrclopiucntii hi the caseof Olicrlln M. CnrttT . arj likely to ix-cur within a few days. Ourtcr 1s n ow survliiK n sentence of live years liii prisonment In the government pen- Itontiary nt I.oiivcuwortli , Kim., cliai-fjed with RlKiilitic swindling op-o i-utious against the government. U p to the time he was convicted Carter was under the jurisdicti on of and was prosecuted by the war de- partment. Since then the civil auth- oriti es of the government acting thr ough the department of justice , h ave been (UihtUy but vigorously and r olontlosMly tracing stop by step the money CNirler st ole , mid now have Ui o great bulk of It located mill are nb out ready to recover It ami turn it back Into the t reasury. T.li e di'imolniont of justice lias dis- covered that Carter 's prolW.s for the shr ewd swindling scheme which lie worked successfully for so long a time was ST L'li.OOO. The government detectives who for three y ears have been on the ex-ar- my otli cor 's trail have found nearly ev- ery cent, oft his money «ml us soon ns eerUiln other Important details lire com pleted the lega l steps necessary to rec over It will be taken by the dc- pnrliment of justice. At.unehino nlis will be sworn out b y United Stated Dis- tri ct Attorneys In Xew York City, Snvinia and other places where Our- tcr invested the money. Li kes the Corpora tions New York-, April II .—The new ltooord f o r a day 's receipts of Interim! rev- enue coll ecting districts has been es- tablished ill the olllce of OUnrles 11. Trent of Hie second <!lst "lol. of New York where ."?."iir»,.'l.sri.lS was the lotul amount: r eceived. Nenr '.v live hun- dred $1 00 stamps were disposed of ro lhe great coi-poni'llons w 'th olllces In this city. '•Whatever we umy sn ..' about cor- poral I ons ," said C ollector Tren t , "they c ertainly \*»y a generous part of Un- taxes of the people. We shall prob- ably receive more tluni !,!>i>t>.i>i>i > fro m the t«ix on the slocks nml Imiuls of the new Uiitt cd States ^leel ciii|inra - tlon." Mr. Tren l did n ol anticipate the not- Mbit ' olu iHge In the veee pts of his olllce on account of trie r .viweil liiler- iiiitlonal review tux s elieilnle, Ahmit $'J!,(MMl ,0tH> ii yeiir lie tliniiv,'.!' would ciiver the less which wo iM I'esull from tliu win' lax l eiliicilon. Mi lliou gbt nliiml $7ot>,(HHi of Hint sum would be lost: to the gover em through (lie exempli if the In >"\- tlim of mm!! '\'M' * nml pruiirtetnry goods, Wori« Than Spsln Wiishlnglon, April (V-The colimlul p olicy of the United Sillies lis niliiilti- Ntered In Porto W<' (» l».v tlovernor Al- len Is wo i-se limn Mini of Spi tlu. No elTorlM l ire niiide to niil II "" suffering liixmlo who Heck other climes rnllii'i' 4han face (len ti l lit. Iimiie, Tlicri ileor ruin imJIey of the curpM linggers Im fi isl innftlng Ilio onci' twl\U' .ImIii iuI » dpHont -wjiH le. Allen 's ileiwrluiv wii h Hi mnt'liml eou lrnst to the gronl, en- MiURlimtii llwl jtiwImI H 1 " nionlrl cnl in rlvnl one yem- n go. Prop erly own- etH nro given nnit't lcally no wpiweiil- ivtlon on tho exwullvo eoimoll. nml tin* eoiirlw nro In IM , hnm U »f <!»' Repu hlk'nn mirty. 11 I* a »?•«"" ••";I'lmoat to <lie IntiwlH of IIih grent inn jorl ly of Hie people. ¦M > Lord S*U»bory Lcmrton. Ai*U «*.-^^ » BoIWhw stnrto.l fnv 'RWto»l»^l»l" mornlnu. ¦'¦';•• IVIichigan Central Train No. 36 Out of Chicago Last Night Collided With Freight Near Wayne and PulSman Sleepers Were Wrecked The Injured Were Broug ht Into the Superintendent's Office Friday Morning. It Was a Rear End Collision D etroit. .Mich.. April (!.—Ml clilgii • Centra l (ruin X o. :ji i which left (Mi • 1'ii go at 11 ::UI Inst ul ght collided wit n freight nea r Wayne Ibis miiriiliij One of the Pullman sleepers wa wrecked am i n number of Us m-cv pants bailly hint. They are belli brought hero. At the ulllce of lieuei'u Su perintenden t I.. I Inm mod leu It I said that only one perso n was iiijiirei ' l-"olIowIn g were the vli-timn of tli wriM-k at W.-iyn o: The conductor o tin' Pullman car had a log broken am h ead badly crushed . A passenger I Iwidly bruised , and one of the train men was cut a bout the head. It wa n rear end collision and the lust Pull man In the pa ssenger train was Imill; demolished. Re publican Meeting ; Denver . A pril (I.—Toni ght the Up public-ins celehrnleil last Tuesday *! vi ctory by crowding CoU'sevtm lml lls-lonln g to the exuberan t oratory o their leaders. They begun to slum ••von befo re they found seats . Kvor -j ¦Oght and every sound gave a cue I'm cheers . There was ex citement but in rowdyi sm. I'roe speech and control la lile outbursts , appreciation , but m viil gni-liy nor deiiiiiiistriitiiius of tough ne ss. When chairm an Teseh stood il) In address the audience the cliccrlup liicrcn sed and becniui' »iu e mighty wh oop. Mr. Teseh Introduce d A. M. Stevenson as i-liairi u.in of the even- lug. Mr. Sleven.-on wa s In groat voice anil showed In be fully Irallied fin the occasion . Ill s face shown with en- lliuslasiii. Ills smile was wide and It shown in nil directions. .Mayor Klec l Wr igh t was next iiittiidiicei l. As In ani se the mullein-., likewi se cheered . Iilm h eiirtlly. "Tilosd ny aftornooii ," "iiId Mr. Wright, "wh en I eniiie down town mid saw what wn s going on at S eventeenth aiul I 'hain|ia st reets I wa s discouraged as well as disgusted, but wh en 1 got nut my tea m and drove ill'oiilld to about forly other polling pllloes I s;i\v that the heller element of the people was aroused, and I fell sure "that our ticket wns elected." Mr. AVrl gltl expressed thanks for his elect Ion and closed by snylug: "I promi se Mint I will do my duty with- out fea r or favor, ami so I inn sure will nil thos e who lire associated with Hie , Mini I only h ope I lull at the close of my ndnilnl MiMtlnii Unit 1 will lie as popular us I seoni lo bo now." A gree to Punish It erllii . A pril ii . A di spatch In Hie Cologne (ia/illo from IVkln dated Thursday, A pril lib. says the chlmw pIenl|ioli 'iil|arles ha ve agreed upon Hie punishment i.f the guilty provin- cial iilllclnls to bo liehetidei l by the foreign mini sters on neeount of the iiiurili 'i' n l" ¦.'I'.' person s , missionaries anil Ibelr wives and I'lillilieii. Muslc.il Progra m Th e following Is the progi'iim of uillilc a t I In- I't esliy li'i lnn church to- day: I. Voluntary 'J. l lliMdogy :i Hymn ' Au tliem "lie Is lUwu " .". Allllli'lli ".\wilke , T hou That Sleep- est." ii . Ilyimi / Choir - .Mesdauict Wonilbrldge , Carr, Porter. ,\Hss Mel.rn i y, M nnt m, Cole , M ohol , l iolllnger. ur giinlNi .Mrs. Mr- l.rnvy. The lli slrr Rabbll N ot even the uriTitest students hnve ever lieeil tlble to leillil liuw It hap. p etiM Mint tliu rnlihlt l.iyi Muster eggs, All lli ev know Is that little children, mill iwrt'iouhirly 11 1 Me childre n in tier- iminy, liuike , an their «r.iiiilfilth eru did before Miein , warm neiis of liny ¦luring Kinder week, In which they lliwl on Kinder inornlnK n lot of beam llflll c olofisl eggM InM there , of course , by the KnMor imIiIiII. I ll Aiiierlen Hie hhop windows are »b\f frow 'dnl W illi IMxtor rtlbhllH ntld u the I Casler card s as often as not show 1- the Muster ru bhlt 's picture. AsU snme- li bod y why it is a rabbit Instead of a •• .v omlcoi-lc or any other animal. You _ will timl uo Kidy that cjin tell. Xo- r body knows . All they can ilt .. is to mak e slnvwil gm-ssi^t at it.(iolng Uick liehind the llrst books I men have found thai the rabbit was" re ga rdisl as a sacred animal b y widely (, sca tterei l people all over the world. . ICven the American Indians , who h ad never so I 'm- as we know he.-ird of Ka sler. had their fea^t of the gr.-a t k hare , or ralibi l. anil in the sixt h cen- _ tury before Cbrist. before the early in- habitan ts of what is now lOiigland bail been Chrlstltiii izi'd , th e hare or nibble is .said to have been sacred to Ostarn , th e giuliless of dawn and of spring. A lining the natives of South Africa '" ther e has been for centuries ami stills is a story which connects the rabbit1 Wi lli 'vaster in a curious way. Ther spots mi the surface of the moon formt as th ese natives say, the perfect Image of u rabb it. And as the moon sets or '" die s and rises again every .'10 days It1 sent Hie nibbit to take Its message to ' th e children of men. 1 "(!o ," said the union to the r.iblm ,• "go mill s.-i y to the men Hint even ns I ' die anil ris e again so shall they also • die anil rise again." Pu t Ibe rabb it was wicked and did not carry the me ssage straight. "The in.hoi says ," the robblt told flic South Africa n unlives , "that even us 1 die and do n ot, rise again -so shall you also die ami not rise ugilln." When the rabbit eniiie back and told wh at he li-.ul done .the uioou was imt- urnlly angi-.v .-nut stru ck at him with n hatch et. The blow struck the rabbit and spill its upper Up. People win. doubt th e story are asked to in.Deo Hint Hi e rabbit 's lip Is split to this iln .v. And besid es having Us Up split tho rabbit wa s much frightened at the moon 's lin ger, mi that It ran uwny ami hid In a liiil e In the ground and hits b een tImiil ever since. ti'-olug over to Asia it Is found that th e rnblilt still holds Its place as u sacred anliiinl. in China and all ot her countries where the religion of Hudil- Im prevail Ibe story runs Hint the grea t Hiidilliu himself was at one time t erribly hungry and wandered up lllld d own oil the ' sm-fnee of Hie eai'tb l ooking for something to cut. lin t, found uo lliliig, Finally the rabbit saw the hungry god ami felt sorry for lilin. l ining up close , so that lliuhlha could not fall . In see him, the rnbblt lay d own at his feet. "Mil l Hie ,' sold the rabbit In l ludilbn. Hut the Chinos,, divinity was not In lie outdone In generosity. Instead of fillin g the imIiIiII he ti'aiisporleil II up lii I In- inoiiii, and there to this iln .v tin. lit tle ('blues, ' childre n can see II. And tmlji .v fn"T*l iTi i :i at Mm time ,,t I li e colebiMlliiii of Hie grea t moon fe-.- llVlll wlll ell ColTc-ipotlllH III sellHoli In I CiiMtcr In Cbl Ulhiu binds , the llguro of the rnblilt Is >l.iui|ied on the uioou enlies which relatives nml friends e\. change nllliilif; eiich olln-r III tin ' plnco of Kind er ca rds . So the children who credit Hie l'n .. t er rnblilt with laying Mie l-nister egg-i are simply following a tradition so old Hint no in.in I,turn's p.. beginning, ami In every c nrin r of the globe other Ut- ile children- while , bl ack, yellow in* red nr e III oin- wuy or another pnylm; nllegliin ce to Ihc same tradition- So. rtltle PouMtUi-UlgeiKev. Yltt M LUbon Falli I.lnlioii Pull i . Miil iti', April «.—A th'i' wlilcli i-'la i'leil lu Mm Kvrrett Iilm ic here early today rc uiilted In the lies- l l'iietlnii of tweiity eluht hlllldllliM In U»e liwhws^ p ortion of the \o\vn. it In b elieved tho Ihhh will npproxlnint ;. *2.V»,nu0 . With I lie nhl nf Pimluc•» fro m I.cwlsion mol ll.ilb the ll.im'i were contr olbd nt Ji.tn o 'clock, Hiulolph -liiirthrl litis rctnrne il i> A»l*eii to ivsnine Ids Miudlifi In tint «'e)iool« of thrtr oily.—f!li*nwno«l Poit, PULLMAN "CARS BADLY WREC REP CASSIUS M. CLAY HOLDS THE E0RI And the Writs Have Been Withdrawn Ulchiuoiid I'y.. April i ..--Ho stilities lit Wlli tcillll bl-twcell l.'elielill C ';•- sin s M. Cl-i ,- a nd the olM-.-r s he resisi- eil yesterd iv , have cea sed The j-.r,- l!es who i-.Ti-cl | lie writ of posses- sion to lie :«« i!:-I ag ainst the gciier.il l uive wit 'cl i!vn !!:.- -mi 'i 1 icpnly Sheriff Coll .. -I- u l-i hi) :i narrow es- .-.-i pe during |.,» l ight belicv.-s i-ouie of the shots he HimI struck Cen.-iiil ("lil y. Tlu--.-> w as ii-i way to 'o( a re- port from in- barriciidcil Wliilehnll . n s It is eon-'elereil dangerous for nny- i 'iie t o alt .nipt to nnike i' i piiries tin.re. The ile pu-.iiM arreslcil a man nameil llnwllng. one of Ccnorul ('lay 's n-meil guards , liaii.lcudcd h im and took lib- gun from him. G overnor Allen Will Return Washingt on, April (!.—(loveruoi- Al- len, ot" Port o Uioo , a fter an hour 's con- ference with the president today an- nounc ed that he would return to Por to llii-o about the 1st nf May. On April ilth, 1H1IP , the representa- tives from severa l secret soci eties of the 'city of Aspen, Colorado; met in .Masonic Hall for the purpose of or- ganizing a cemetery association. These iv pivsoutiitlvcs perfected a temporary oi-gnIz.itIon by the selection-'of Mr. .John II. Cr ecner as chairman , and Mr. T. .1, Lyn ch as secretary, and upon the calling of the rol l the foll owing named geiith-uien answered to their names, to-wit: Ceorge Frost, K. .1. Wlvl tui-y , T. J.' l.yneli. W. T. Iti-i d . .l oliu II. (.'r eener, .1. S. Ilumi , W. I I. .l olins . M. I). Uyan , .1. Huuerimui , .1. C. Craudey. J. Crice, .1. I'enz, II . Web- ber . A. F. "Wilbur, J. Mugfiir . A.D. Ir- win, U. Au gustine. ,T. It. McDonald . M. H. ltrown. J. M. Sullivan. John Xord- Red Butte Cemetery Associa- tion from A pril 6 , 1899 , to April I , 1901 strom. Mr. (Jr ecner, In compliance with the lu struiVjoiiK of the members above named, ap pointed Sir . J oseph S. Iluiiii . Mr. E. .1. Whitne y and 'Mr. Henr y 1 W ebber a committee to procure op- tions for n site for the proposed ceme- tery on lan d near Hod IJu tte .Mountain on the went side of Castle Creek. On A pril 1-lth .'lSfll). the tempora ry or ganization again niet In .Masonic H ull and (lie coiiiniMtee " on nplioiis a bove named asked for further lime in whi ch to report, stating thn.t the principal owners of land in the locali- ty covuvu d. b y their instructions , w ere out of town. Tlie coiiiniittce was granted furtiher time in which to re- nort. Oil Slay 2.'jd. J SUII . the t empoiiiry or ganiz.-itloii a gain met In .Masonic Hall with a majority-of . th e represen- tatives of. tile societies Interested prcs- er.i l, iind Chalruiiiii Hreener culled for the report, from the Committee mi np- l ioiis. Sir. .1. S. I rutin, on belmlf of til e con'iinlt lee, vepnvleil Hint the coin- lnl ttce had secured n 'sixty da y option on the SIcKvoy land nea r Ited Unite ,'west; of Castle creek for the sum of six hundr ed dollars . S ir. Henry 'W ebber moved that the SfcKvoy tract of land be selected as the pr ope r and most accessible site f or the new cemetery, nt the same Mine giving a complete, description of the land , nml moved tin., niloptlon of tlie report. On .innmiry 'JOIh , 18!1*>, th e iissoela- tlnii was called to meet at the city liall. Th e ti'iiiporn ry .s ecretary . Sir. T. J Lynch, hnvin g resigned the secrcla- r .vshlp, durin g this perlud , Mr. J oseph S. 11 mm was elected secretary of the nssiiclntlon. On hohnlf of Spin- Lodge Xo . (id .Mr. llreener reported Mutt. .fU."i(l had been voted for th e new cemetery. ()n behnlf of X o . r.l> I. O . (). !•'.. Sir. (irailiiley r eported thill No . o il Iind voted if.'lllt) for the new cemetery . On behnlf of the Ited Men Sir. Web- ber reported that the eoniinlt le Iind full power lo act mid Unit the com- mitte e voted .f^tK) for it lie new ceme- tery . On behalf of the Sciiiiillnuvlnii So- ciety Sir. SI. O. It erg reported Mint Ihc cniuiiilllcc had full power to net nml v oted !?1(I0 for the new ceineiler .V. Oil b ehnlf of the Wood 111 f llle W oylil , Sir, lliiun r epiirled the cnni- inIt f c-c Iind full r*'>wer In act and volcd $.'1(1(1 for the new cemetery . On behnlf of No . rj|, A. O . I'. \V„ It wits rep orted tluiil nol Ion would be taken June Ul. 1 WK>. On June notli . lSl in , p tii'suniit lo ml- Joiiriunen l , the eoiiunltlee wns culled t o order by Cluilriimn (ireeiier. On behalf of Sbnix Tribe of lied .Men, tli e delegates reported Hint S'jnn lllld been V olcd for Ibe new cemetery. Sir. Webber r eported Hint the Fire- men of Aspen w ould want n block of ground In the new cemetery, On June ,'lnlh . IS'.Ki , it coiunillle e was npp olnb'd to procure mi uiisU'iu-t of title nml to hnve the motes mid ImiiiuIs established for Hie site of Hie new met cry , On June ilntli.. I SM. Messrs . lltmn, and Wehl mr were appointed lo hnve iirtlcl.-s nf Incorporati on prepni -ed for Hie new ceme tery nssoelnllnll. On July I 'JIh. ism *. Sir. .1. C . (irnin- ley reiiorled No. M l , I. O. O , F.. having Voted by n innjoilly vole Instead of n tw o-third s vole, no funds could be 'tmuHforri 'il lo the new cemetery fund. On iK'lllll. til " the K oelellei repre- sented S'.'irt wi ts drawn July Uth. 1SW. At U>U iww *llnK Mr. Jnw*pl» S. Il ium Win elected treiimir i'V of the oriril lilxntlon. No. "l*. A tieleMt Oilier I'yrnmhls «<nt a wiiTrnnt for ?."i» for the new (T.inelerj'- On in«tl(*n Ihc iiiiino of the omhooIii- tlttn I"' "The F i'rt ternnl Cemetery," the v ole hIiowim! Hint the motion -was lost , m id the iinum wn* n«l iulo 'pled. At tut* nicvtlnu Mr. .!MiHII|» Wurl a pri'iw»nt«*a filO'Cr e/letHIn U wh M io repw- "T^^r^Vl^' f^^^^ ^* ' INTERESTING REPORT OF THE J . AV. II. I 'ro sser . of Pliiladelpliia. was ri'gislerei l at the Jerome yester- day. . The infant child of AV. II. Olngrieh of bake View is seriously ill , being threatened with pneumonia. It. S. Campbell cjiini: ill over the Slidlaiiil yesterday from Denver and re gistered at the Jerome, lie will re ¦main in t own u few days. Courtney Ita tclielilnr and family will shor tly remove to Vermont to reside near the site of their old home. Tbe many friends they hnve uuide In thi s city re gret to see tlieni leave. Captain Slnn.iglmn arrived in (Ids ci ty yesterday after eight mouths In th e east for his health. His many friends pleasantly awaited his ar- rival and ai verjoyed with his Im- proved Iicnl!h. Sirs. SI. Todhuiitcr , delega t e from the ldi .viii oml lodge . Degree of Honor, Xo. L'll. l eft on the .Midland la.-t even- in g for Denver from where she will proceed lo Central City lo attend the session of the grand lodge . The Cr esloiic lliisinoss .Men's clu b have decid ed to hold their llrst lian- «|iiot nl the Cres loiie hotel on April IS. Th e hotel h.-i s Just been .completed ntnl lids wil l be the grand opening. It V, sure lo lie n grea t success Judging fr om what, the Fugle says , which I s: "Tills will b e one of tin 1 grandest af- fairs that has ever taken place lu Cfc slolie ntnl will be Ibe Initial open- ing of the hotel mid nothin g will! b.> spared by tue eouiinltlee lo a iuuk c I! an event long lo be reiiieinbereil. As the dnle set occurs nl 'lel' the election, I t Is iiiiil'-r sinod ll'iil the club will ex- t end n enrdhil liivllnlloii In the mayor and trus tee:! to be Its guests on that ev ening. I Eas ter in R ussia An 1'iu ster fenst lu Itussla usunlly consists nf n sucking pig. lamb , slum!- I dor of veal, a lintu, curdled ereaiii . Fas ter bread , red e ggs , colored li ghts , lldilllug and genera l iiierryiiinldug. In the good nhl tittles tho in.Hilly left their tallies furnished mull WIiIImiii- llde , s o Mini liny one who chose to ent er their house might pnrlake of what was there sel out , n or wns food denied ini .v one . Thi s stnle of a ffairs could hardly be linn giiied here; but s trange lis II may seem, lu the few lo- ealllh-s where llils ancient custom still keeps up. there Is seiireely record - ed il ease of the beliiiyu l of sileli hos- pitality , Have to Buy Now Slnnlhi , A pril ii . The whol esale gro- cery deiilers of .Mmillil reporl double sal es of groceries since the Invcsllgii- lion Into tin - alleged commissary scan dais W ere e.miuieuccd. Merrlnuc to Rite N ew York. April (I ,—A sp ecial fro m Santia go (Ic Culm to Hie Journal and Advertiser says Min t the wreck of tb e Mcrrliuuc. which wns r.unl; In llle enlrnlice In the lim-linr l>.V l.leil- tenant Ilolis nn nml his llllle h.uid of v oUwtovv* <\«vlng M\i< \>h»«l«\\\>', will be blown u p with dynamite today. Emperor William Wine l/ondoii, April i l.-- A Il erllii dispatch cnyN Mini Hier e Is some ml It of ii re- gency. The exports, att ending tin* em- pero r beli eve Mint bin lnlinl Is de- ran ged, lllld (he fuel tIi.lt It 1.1 Mie genera l rimi 'liwun of opinion. They Hi In k n regency will linvo to he en- inMUIhM. •. - CITY BRIEFS ^ London , April «).—Tlie population ofIndia tliroug li famin e and cholera Isnssmnlng !ilarinln g ''pi-(>portiDU.-i . Lat-est advices fr-mi Slinlln say rhat the census returns of tlie central provin-ces show u decre ase of ove- a mil- lion since ISiil, when under normal c onditions an increase of one mil-li on and a half mi ght have been ex-pected. It is estimated tlr.i l "..t«Ml.ni«> have died In India since 18!»(! fromcauses mostly due from famine. In •western India, tilin gs are even w orse. One slate shows a decrease of SI .OOO or -ir. per cent , of t'le pop- ula tion. Another state shows. ;i de- crease of 8(1,000 . Th e district, of D.ind shows a deci-e.i si- of 144.(100. In Ilom- hay city the population has diinlshed try "iD.OOO The localities wii 'ch hav e Esca ped the plague show a satisfactory though uiic oinpenwitiug Increase , f or Instance . Sfadraa which has gained 8 per cent, over 1S!)1 , In India is Reckoned More Than 5 ,000,000 Since 1896 THE DECREASE OE POPUL A TI O N Hev. Ken tor came in over the itlo Or.'inde yesterday from down the val-ley. B. Ij. Pelsar will take anoth er trip down t o a lower altitude in about two weeks for ills health. Miss Miuul Cole will leave just a week from today to take cluir go o^her school at Hot S prings. E. It. Jiincr , of Missouri, was among tlie incomin g passengers on the itlo(iriimli- yesterday and registered at tlie Jerome. SIIss Anna Xelper came' u p yester- day from S pring gulch where stie Is tou ching school to spend Fast -v with her mother and friend s . Mi ss HattieWilcox wns an outgo- in g passenger on the Itlo (i.aiide lust evenin g for n visit with friends down the valley. H ob Wilkinson, form erly of Clou- wood but m ore recently of Aspen, wns In town Thursd ay en route for Dako Oily.—<! leu wood P os.f. AI. Ivinnb writes enti cing and Inter- estin g letters I 'rinii lilchinoiid, Indiana •mul wvy» he Is enj oying the lines* kind of summer weather. There Is a woman In As pen of whom it. Is sniil sh e Is so stingy that she sits In tlie cella r and fans tlie lee box to save the ice.—(Henwo od post, Vin cent Johnson left this morning over tilu* Itlo (irnnde for Sfoscow in the Kan I.ills valley, He will be gone sev- eral days and en joy tlie duck hunting Hill son. Sir, mid Sirs. AVilllam D onovan were outgoin g; passengers on Hie Itlo (irnnde last evenin g for Central City where they will tnke In the grand lodge ses- sion. M. J. Kinds , of Aspen, who Is well known here aim hi l.eailvllle , passed throu gh (ileuwood Tuesday lifter u week'H visit in the Cloud Oily,—tili-n- wood I'imt. D, Kiistiunn left y esterday for Mar- ble wi th some twenty workmen for the iiniirrl eM, .,s soon as the went her will permit he will take up some ma- ehlnery. ,M. I\ ltynn wns mi outg oing pas- sen ger on the Itlo (iriillde this iiiorii- lug for 'Cent nil City where he will spend tin* week iiiei 'tlng wllh the grand lodge. Mr. nml Sirs. Henry Stunts were m t own yostenlny from their ranch on Cypllol cre el;, They came up ' t o in- tend In luminous nnd s ecure n slock nf su pplies, Mrs. Tulley nml daughter Slny, were out going piisseiigers on the Itlo 'Oriin ile lust evening for Snow. Mnsii , SIIss Mn .V w ill visit over the Sabbath with her winter Mrnee , D. 11. O. ttrowii. Dr. Slollln nml par- ties from Colnnulo Springs will spend n week liunlliig (InekH nt Stinking WuU' Vii , mul then prnceed to Meslen , reinil llllll ir several wet'hs. Ja ck Ward ' s liiii ilior ennie In 'over the Jllo t liuntle yeslerdn y from ' 1>M»- vur. Tin* riinernl will he held In As- pen mid iu»l I" neiivet' n* re|»ol'ted. It will oet 'iir fiimi .lifliUHi'H 'H unil crlakln g inirlurN lit i! b'elrtelc thin nf leriinoii mid lnlor 'm'e nl..wlir. l>i» In the Hisl -lliitto roiiu 'tsry. The ri 'lnilvon nf the .lie. oe'dHMi In Ariiown "linvf lir en nollllrd of Mwi -Biid-ml^orluilc.' .i . • , ., CITY BRIEFS 214 The out look for Aspen this com 'if summer Is pi-otn!siiI very good by men on Hie Inside of luovciucms . Per lia p.i Ho t in Hie Inst seven years inn I here been Ihc i-ll"iil!ri!gc|u cll( to U' aheiid nml di someili liig I 'm- tin- cnni) im Mie («•«•«« nf liolds out. Severa l large I'lid-r taklu c-. whii h hive for yum be en In enibry o nre iibni: lo tnki f liiipi'. Mtti ti n t Hie db.'.iirliing llt '.ga l lliM Cllll-i'ijiu-lll up hi (In lull il'i-renc, W illi Hi.' tlliiiiiehil policy of the giv i riiiueii t Is now settled, c ireiit luiiijif lerrl toiy which lias laid Idle or oiil .\ p.nllnlly woi li.sl by rc .-isnn of litiga- t ion nml luck »r money ti> pnsli work Is now in strong hand s and expert euceil men n t the helm. .Many cos tl y Improvements liuvi been ninth- In this camp during tin past three years . .More than two mil lion s of perniniii 'iil Improvements havi I ii iiiiule , and two new lines of rail mi nis bnlll. Three large cm titrat- in g mills hnve I n t'l-ce tcil and tun o bi mill ri-iiiiiiti-U.il And now It Is sa fe to say the prnin Ised mill to tic erected by Sir. Davhl I!. C . I'.r own will be coiiiineiieed lie- fore S1U1I111. .I-. The se undertaking; , arc worthy of tbe liveliest en nip In tin- s tate , but they attract little at leo tloii 111 Aspen. The total wage paid in Aspen eiicli mon th li:is .-il wn .vs been large. Dur- ing the il .lllh-sl periods the books ol the milling i-oinpanles show Unit ex- clus ive of leasees the wages anioitiileil to something like .f.xn.iMio m onthly. This year ibis nuiouu i will be at leiis-l f-lii .iHi ii n o,iv each month. I'poii Hie pay roll of labor (lepcmls the pros pcril .v nml h.-i ppliiess of our pisiple . Dee p mining is ngain t > have an in- n ing iii'i-e . mill i t is not tiiii-e.'isoua bb to eX|Ms-t that new ore -/.ones will In tapped. Aspen minium in mines will lie work- ed thi s yeiir ns never licfore . Severn ] larg e properties which have been Idle for ten yea rs are sinning up under sk illed mining men nf means . The M illlnuet- nml tbe Spar Consolidated will work on n large scale , anil op Smuggler mountain tlie Itushwacker will see l; ore at greater depth. The Percy gr oup nf mines is already n l a rge and eoii.--t.-inl shipper, and Ihc past season has paid out big money to Aspen lulu,-is and workmen. The lll.-lll.'lgelllcllt of these propert ies de- ser ve the go-id will of Aspen people for I t has always employed home lab- or. T in- way Is clea r now for new nip- Mill to collie lo Aspcll mill lllnl p|-o|||. n ble Investineiil. Slimy serious mid many petiy umio .viiucc s liave pnsseil with the years , nml the o pportunities to iinike niniiey are many. This Is being l-cco gnl/.ed In t he en- tern cities . :iml men of uictins who b.nc nllow ed their mining |ii'n|iei'ly In lie Idle nn n ow phllinltlg lo develop, At Hie pie- cut time the drop lu silver may to some minds seem discouraging, hut the fall Is only temporary, ll.nl tin slll.'llel' <-. until in- me t wilb no sel- back In Hie eniirls tie- price Would now be In the neighborhood of si yen t .V'llve cents . Anot her fue l or In tin ou t look Is the ore s of Aspcll onliln;:i more lend Mum formerly, nml this saving grace Is n great help In keep the work going on. on the wlmle the ou tloo k Is very good. APfllL 7, 1801. OUTLOCK FOR ASPEN THE MONEYfAPPETITE III the Cluelunnll Kni|iilivr "lieiierul v.iii .Mciuaii " wr ites iipiii ciirreiit e vents not only i.|iiei-liiluliig!y iind free from the i h.'.-i p c\pi-|.,s..|,nis now In \ogne . bin wi'.h refreshing thought fulness . S pcnkliig of the over rich In cay s: "The awful peiuillics whit h • men l«a ,v fi.r having ne.-uniuln teil largt sinus of uioiiey nfe now b eing plncnl b efore the pilhllc nml some of tln-in nre of such nil uppallliig ttnture Hint I nut sur prised ihm (Iickc over rich llletl llo no t ol'g(iuhr.i . a society for tin iill p'il'c.tsloii nf vveul th," said tieuevil l loll .Vleiuaiid a t tilt ' Illlllltil -s ' Dlllliel to the promoter-., 'IVIui l would I siigge-t its u i,mi cdy V" I would lint olfer il su;;gestloii on Milch il subj ect. The desire In lie I'limiilut c I'lioiuiuus hiiiiis of money differs fr om nny tilher lui iiau up p etite. The mull with ibe w hiskey up- petite does not un ollt mill I'.lliplulll to th e public UllMMgh the (sipeis nbiiut the an fill peiinlly be pays nn ,ic count of bis cnpiielly lit get ii\v;iy with hll'ge i|ll:ill tilli-s of Hint subtle Intoxl cunt, Y> ( itlmtm l every tiny we iv.ul the eiiinpliilnt of some oicr-elfh man of Ills p orxceulIons mi itccotint nf lib wealll l. Slos< of Ilii-in liiuliiilnte Mult th e public or Homebnily In piirileiihir Is t o bliime for Die iiiiiiiiy.iiiecf. to whi ch they iire 'snlijeoleit b ,v lli isn Who want to eel Mime of their ,'ii"rliiuubi- Unw». They cannot nmlir.-tnml why \\\c «Mf)l ,v do' mot rt t> *r» thoy rtld In- stt-nd of trj'ln g to lie* from tliom- who dt> no l need. Nobody nw|M-ct-4 a beg- gar , but almost every man and wom. an udm<res n hlchw.iyutau. Till* S» r-roveii by the uvlill ty with which the re nders of the pa|M-rs devour every tale of how the sucis-ssfnl untn w.ntbl take wv i-rul properties worth n mil- li on inn) capl-Jnllzc them for tell or IWfiity million* ami |x>cket the innjor- ll .v of the slock, ami then by whnt Is e.i '.led •mining,-incur inake thi-'prnii er- tl'-s enrii n big dividend on the water. Tin- law has sold Hi nt the innitt-y lend- er may i Imrge only a limited amount of In t erest If lie lends the real money, hut the law d oes not limit Hie rate nf prolll wlili-h the lender may charge If he puts ;lie niniiey into n co-.iibllled business enterprise." INTERESTING REPORT OF THE RED BUTTE CEMETERY (Continued from Page l.i s-eii t.illve of The Py ramids and was enrolled as a memb er of the associa- tion . On Jul y I .-.Mi. 1,S!i!l . the foll owing l uiinrd such lies were enrolled ns the mem bership of the aswiclaitiiHi: The Pyramid s, represented by Mr. Philli p Wiii-ly.. The S lm-iiile .inler. represented by .M r. John II. 'livelier. The l ii-duien. represenled b y Sir. Henry Webber . 'I'bc WiH.diiie ti of the World, repre- sen t,••! by Sir. J . S . I luiiii. T he Scanilliiavlaii Society, repre- sented by Sir. SI. O. Ht'i'g and .1. C. lolm sen. On mo tion of Mr. J. ('.'. John son. seconded b y Sir . SI. O. Iterg . Min t the iiiuiie ami style nf the new cemetery lie Ited Untie Cemetery Association. Il was adopted by I lie ussoelal'Ion and Hul l n.-iiii c was put in the Incorporation papers . (in July mm . 1st it i . u warr anty d I was iii.-nl'.- liy and - b e!ween .lames SloKvoy. grantor , and Sir. ,1. II. l irceiie;-. nuil Joseph S . IIuilIl , grant ees. Ai tTICi.KS OF INCOItPOItATlON. "The per.sons subscribing their n.-imes licr euiilo . declare and consti- tu te themselves a body corporate un- der the laws of The State of Colorado a s follows: First —The name of said corpora l loll -ball lu- The Ited l Uvtte Cemetery As- sociation. Sieoiid—The uli 'ec ts of lis formation mil exi stence shall lie tile neipiisition holding, im proving, beautifying and using of a true ', or ¦tracts of land in Pitkin coun ty. Cnliu-ado . for burial purpii.se.-., the nt-t|tit s:l!tiu of water rights, il'.tcln-s . and conduits for the i rriga tion of such 1,-ind s . the purchusc , sale , nml exchange of such lauds and i ppiirSciiniii -cs -and nil things Incldcnt- il to the carrying on of places of biirl- il of the deuil. Tliird-The en pll.il sloe); of said cer poriitlfiii shall consist of Five Thoiisjiiiil DoHiils til " the par value of Hie d ollar per share : and said shares sh all be iioii-.-i.s .s,'ss,-ilili.. Four th The lerm of existence of snbl eiir piiratloii shall be t wenty yea rs. Fi fth The Ito.-ird of Dlr eelors of s.-iiil i-ni-|):>r.-t Iiuii shiill consist nf six iii eiubers . and lll e ilirectors running -lli-h bnard during the Urn! yen r of •or poralc cxisienc,. ((f said Associallon dial ! be .1. 11. lirei'iier, Joseph S. Illllin, Henr y Webber . .Marl ill O . l tcrg, Phillip Wnrlsi nuil J. C. John, sell. Sixth The principal olll'-e of said "iirporn iliui •-li.-t 11 lie ,-i! Aspen, Pitkin •oiinl y. Cnlorado . iind I ts principal business shall be en l'i'lei l on III sab! coun ty, JOHN II. CltKP.NKI i. IIIINTtV WKitli KU. .lO SKPII S. n ew. PFUMANF.NT HU H A N P/.A'noN . on Augiisl Till, |,S!IP. the liieorpora - tors- nf Ited Itfil te Celllt tery Assneln- : i 1111 lin t In the nllli es nf tile Assoela- l lon In As;i,.|i , Colo ., and el eetetl u Hoa rd of I iti-cctui-s fo r (lie eiisuUig yeiir. lo wit: John II, Urconer . Joseph •s . IIiiimi, .1. ('. Johnson, lleury W eb- 'mt . Phillip Willi/, mid SI , o . Iler g. Whi-reii pnii Ibe Hoard of ' Directors ii'ganlxt-il by elec ting the following illlci-r s: .IoIiii II. (.'l eeiier, President: M. It . It erg, Vice Pre sident; Henry Wcli lier , Si-ci-t tiu-y, nml Joseph S. 11 nun, T reii-iircr. I tloeks one nml ten nre reserved for snlo |o Hi e public , Hindis 'Jo , Uii , I',.", nutl Hi ', nre sol isble for I 'll klu county and deed to be uiudo for ilic same. (Ill Nov ember In , IStiP . the reslgun- lion of Mr, SI. o . I lerg ns vice pros!- ileul wa s iicci'pleil, he reinoiltig from the city. (hi Jin -y is. iniMi , Sir, H enry I b-ek li n ing preseiiled i-reileullnls fro m the Soniiillnnvlnn Sis'lety, he was el ected to till llle vacancy en Us,si by the resignation of Sir . SI. o . Itor g, ns vi ce president. TIIK CKSIKTKItY. Front the court house ii tlie en Iriince to the ceiiiotery ;il Hi -.outli eus t corner, It Is n friietlttu hss llinu two nilb-s oh nn uniform grnilc the en tiro disunit e wllh the streets of Ihc city. ' T he Collie t'rt 111 tlie luill-t ttf till' w. • Te l !¦• cli-ll ct ami the ehiii'eli e.-i Is iisiinlly over Main s l reet to Fourth >.lreel over Fniiiih street In llleclier to the coimly lirhlge , ii erost the Iro n brid ge lo the celiletcr .V elll liiliee, lllsltle the enclosure tllgreis mid egress Is m ule over uremics I'll feel will.'. Th e«e avetilles lieglli wllh Palm tivt'iiu c, whli b exlcmls the whole l ength if Mit > grounds nlnlig the ' we t line of the ground *. Neu. Son lli in cline, /ruin ll» lnteri<o.,tlon nl the gale-wiiy with Tiilni n venm* ex tctnln nt rljthi nngle nlnng the nouth lino of the f.-roun tli until It optnn Inti Kver gitH-ti avniue , wldch cxtctndH alon g the Ciwtl 'a craoic lluo within Clio eiiclo»un>. The second avenue from the en- trance and pu rellul with I'nlm nvo- mie. Acacia a veil lie opens Into South avenue . Th e thlrd 'avenue from the eutmnco whleJi op ens Into South avenue Ih Kneiilyn tus nveinie , which ex tends piimllcl with nml next to Acncln Ave- nue, innkin g the second passtige-wny tin South Avenue, Poplar Avenue comes next nnd Is the third o|H-nlug on South Avenue , or tlie fourth within the enclosure , which affords Ingrr sss and ogress to and from all parts of the cemetery. Kver grecn Avenue Is tliu ln»t pas- sage wuy nt tlie end of South Avenue runnin g to the entrance of tlie grounds and rims the entire lengt h of the Cas- tle creek boundary line. Untie Avenue is 'Jo f ert wide nnd cr oss-cuts nil the other avenues and ex tends from Pnhn avenue to Kver- green Avenue, milking passa ge Into all the others. It Is lwrnllcl with South Avenue nutl al«>ut 4o0 feet from the gate-way or entraiic -o to tho cemetery. rims . I t is seen tha t ample space I s sinipittsl for the accommodation of soeletles and vehicles without crowd- ing a t the phice of Interment or of col- liding In their passage In and out of the grounds. The jsIoim- of the grounds affords no slee p grades , licin g practically level throughout from en- trance to -Hit ' most remote part of the cemetery, thus making care l essness a fac tor in collisions of any kind where persons or carriages can he injured. The grounds are subdivided by the avenues Into blocks , r>r> In number; these agulu sue subdivided Into eight, six nnd four spaces -" b y 20 feet h>tn , re spectively, according to the size of th e block . Betw een South Avenue and tlie south line of the cemetery from tlie ga le-way to Kvergrecn Avenue, tlie ground Is platted into lots marked by the letters of the alphabet. On Ever- gr een Avenue and this ground the hou se of tlie sexton stands facing the entrance to the cemetery.'The improv eniemts made on the grounds consist in planting trees on I lie line of all these, avenues above men tioned. Over .'5 00 hard y mid swift gr owing trees nre now growing nnd in a ver y short time, shade trees will be sudiciciitly grown to guarantee their permanency and at the ntuiic time a troiiI shade in summer to visit- ors to tlie ce m etery . Tlie Association will, by th e time -these improvements ar c advanced far enough to warrant it, b e hi position to place sea ts along tin- nvenues for the accommodation of its patrons. Irrigntiiiu diU-lies •nre intersecting nil pa rts or the passageways nnd the natura l slope of the waterways car- ries th e water towards tlie river nnd ei'i t'l; so Mint "tlie grounds are never s oaked or dump. After the grounds hud been cleared of siige brush., the As sociation at a large expenditure, of money , covered tbe whole cemetery wit h loa m , so Hint ever greens , shrub.-) nnd llower plants tra n splanted do not die , nutl the grass Is growing stronger nnd stronger yea r by yea r and u good sod is already formed on the land. Th e evenness of the Irrigation 1ms much t o do with the growth of tlio trees, plants nnd grass, nil of which ar e showing n pei-imiiient, and hard y growth. I he cemetery Is surrounded by neUisely meshed si|tiiire block wirn fenc e , substantial In imimifai .'ture and fas tened to eediir posts In the most ca reful maimer ns to durability and re sistance. Tlie smallest domestic nut- nml cann ot gain enlruiioe to the cenie- lory, either under or through the fence. Th e house of the sexton Is ItMiiteil on th e grounds ns before stated and he lives in th e house nil the year. Th e llrst liilcriueiil made In Mm ceme tery wns mi October 'J , |Nil!I , and from I lieu lo now , nil tnlil , th ere hnve been one hund red iinil six burials by I I'le hiiyln g lots for Unit piiriHi.se. Sonic nf t hese were reinterments nmde liy rem ovals from other locutions. Xlmiy c ostly and elegtmt monu- m ollis have already I teen ereoted on lols , and adding lo the Improvement mid n ppi-.iniii ce or Hie enllletery. The Association uppreoliitcs nil these evidences of the coiilldeiice of file peo- pl e nml It bus lieeu n gratifying lu- eeiiMv e lo It nnd Its nllleers nml direct- ors hi providing ways nml mentis wln-reby these u ffeetloniile retiiem- linm ees for the departou ime lying In the cemetery under their custody, slmll In- preserved ntnl i-nreil for prop- erly. With th e llnilteil menus nt thei r dis- posal I hey hnve been compelled to Im< eoits ei-viitlvt- nml slow until now they hnve arrived nt n point wher e the suc- cess ;\l i-i-iitly nmtle illetntett Hint ex- perleiice shall point the way for the furth er mtorunit-iit of the cemetery . Whil e nothing slmll lie omllletl lo se- cur e the ends for which they sought to be Ineiirponileil Into nn association for th e burin ) inn) ca re of the dond. Th e societies nnd nlhcrH Interested In the pro ject hnve exhibited Mint pn- Henc e lu the overcoming of unfore- seen iimi'-ulrl os , Uni t just Hies the olll- cei's anil dir ectum of Hie iiNSoeliitloli III expressing thei r gratitude to Iliom for their iiohImIiiiico III Mint respect. Baldwin Coal. Is the best grnilc of Colli Hold In Coloruilo. We have It. It OHT. HIIAW. Tel. IIS II.. ,T.*t» K. iry iimn. Colorado MidUnd Excuraloni I'uehlti , Polo., $12,0(1 for the round trip ncennnt Twenty Second Annnnl Encampment OJ. A. R„ April 0 and in. Flnnl romra limit April W, While all tilt flowera of Uit> -cprtag Hod s weleouiu placa In tho decoration * of tho day nud win admlrwre , Umi white Illy (L cundlduui ) la (Mr excel- leiiet- the Banter flower. A Oftttve of the I-ovnut . jrrowlng wild In moat Mcdlterran onn countrien, U has for y ears been considered emblematic ot purity nnd taojie. The Orerlca called It tlie llower of Juno and told tbln myth In ex plmmtlon of iw orl>f)n. "Jup iter ," they sold, "wished to make him boy Hercules one of the gods. Bo lie snatehi-d him from Oie bosotn of hl« earthly mother. Alcmena , ond bore him to tlie brvnst of Juno. Tho milk Is spilled from tho full mouthed boy as ho trnverBes the flky. lnnking the Milky way. nnd what drop * below stars and clouds and touches earth Htiilim the ground with lilies." As the embl em of purity It was eontra-st- ed with the passion rose of Aphrodite, nnd Isfluty w ns represented crowned with white lilies and violM*. tyiMrs of purity nml nvotlcsty. The lotus holds chie f plat * In nil oriental mytholo gies. Us nntlqalty ex- tending fur beyond the limits of Ore- elnn mythnmldiig. The Egyptia ns s|ioke ot It nn the throne ot Osiris , file god of <lny and they aro ropr eseutiHl on mon urn en ts an holding tho white lotus In thei r hnmfa nt (NUi quot-s. As ,i symbol of purity and l>cncdl'-t!on the lily wns chiseled on the plllare. of Solomon 's temple nnd ornamented Mie great golden candlestick. While hon- or ed by Hpeeltl e mention by our I/ord . truth eoin|H.»ls the statement Umt tli e probabilities nre affaJnst thn 111./ hav- in g lieen the flower particularly refer- red to. The Hly Is not common lu tn« flora of IVil estlne , and noma think It must liave lieen the red anemone , with which the Crtiltlean hillsides aro cov- ered In s pringtime , that su ggested the beautiful fi gure in the sermon on the mount. Others advance ar guments in fa vor of as phodel, ntiNi ryllls nnd nnr- oissus. Whichever It was. and it Is not impossible , though Improbable , thai It wa s our Illy, the fi gure remain s n most beautiful nnd eff ective ono nnd lias doubtless had a wonderful nnd wido-renchiii g effect In giving the Illy an added charm and aacrwlnesa Itself. —Philadel phia. Press. Airs. A. Henl ey departed over the Midland last evening for Lendville. She will be gon e a f ew days. Echo In the name. If you want rea l BaOsfactlon try the Echo clgnr; only 5 cents nt the Postofflec Nows Stand. Have, you had n "Cnrrle Notion" drink at tho Abbey? Try ono; they nre good for -what nils you. CoaJ Coal. No dirt, no slack, no clinkers , light white nsh. I)och not All your stove with cinders. Fre e burning. These nro the qualities of Baldwin Coal. We have It. ItOBT. SHAW . 320 Hast Hyman. The Easter Ulr THOMAS BECK7 DEAX,Ett INZ. Groceries, Cigars, Tobaccos, Candies, Etc Opera House Block , - - Mill Street. THE ASPEN DEMOCRAT Piihllidi cd Kvery Morning Except Mon- day, lu the Wither * l ilock . (Jni cna Street. CHARLES DAIL£Y Mmu$« JOHN R. MASOH Editor Kutcr cd nt the roxtottlct* at Ah|h'H, C olnraili). for trnnHiiilMHtou throug h the mallH ait Kci-oiid-claHH mu tter. BEST ADVERTISING MEDIUM ON THE WESTERN SLOPE JJ ellvered by Currier * or nclit Pontage paid for T^l cent!) per month o.- $?> iIn iiilviiiK-t- > 'iH'r year. UOC lv. Aspen 051a 200 nr. Glenwood Pr l5 (5 lv. Glauwood , enflthound.... 8:38 Train n. m.0 nr. Loadvlllo , enstbound 12:(50(1 nr. Cnnon .' 8:40 ii nr. Pueblo, enstbound 5:0S(! «r. Colorado Springs (1:20 tt dr. Denver . »:00Train '206 also connects at Glenwoodwith two trnhiH going west , one leav- ing nt S-A2 p. in. nnd another nt 10:40 p. in.Train 0 connects at Canon City withtrains for Cripple Creek district, leav-ing Cnnon nt 3:M> a. m. nnd 9:40 a. in. Train. a. m.•Ml lv. Aspen 7:001204 nr. Olenwood 8:40•1 lv. Olenwood , cantbouud V.-.54 nr. Lendvlllu , cuHtbound 12:27Trnln. p.m.4 Cnnon City, enstliound 4:00•I nr. 1*1101)10, oaHlbaum! 0:22•1 nr. Colorado Springs (1:40•I nr. Denver 0:15 AIIIUVALS.Train, «, m,5 lv. Denver, wosthou tul 8;tioTrain. ' p. m,0 ar. (lleuwood , weatbouud 8:80SO'i lv. (ilenwood W:J5205 nr. Anpet linoTwin. • p. m ,3 lv. DtMivor, westbound 7:i5Tral ". n. ui.3 nr. (ilenwood , westbound 7,-;ioi,i..> I v. (ileinvooi *. 0:152011 nr, Aspen Hj -jp COI.OHADO MIDLAND KAIMVAY. WeHthouml. No. 3, No. fi.I.v. Denver O.-.lOp in 8:.S0a inI.v, Pueblo 0:00|i in i);30« inl.v. Colo. S|irliiRi»..i?:oIn in H tOSiunI.v. Mnnltou 12,'2-l n m 11:32a inI.v. Cripple <« lUOOp iu 7:00p m•v. Divide 1:4 0am 1 :20p mI.v. Iliionii Vlstn... 4:l«lii in ?4:Rlp niI.v. Lendvllhi n ;»,1n in 4:Bop uiAr. Ili tsnlt H iOIla m 7:22p inAr. Aspen O-.t Mla m H:30p inI.v. Aspen 7:lfin m llAti iuI.v. Husiilt 8:25n m 7:40p n tI.v. Ciirlvomlnln ... HtWa in R:(X>p inI.v. (Ilenwood .... »;:i0n ni 8:23p mI.v, New Cnntlr.,. . !»:55n m 8:!l0p ml.v, (I. Junction. ..I2:0«a m li.-onp inKnstboiiinl. No. 4, No (1I.v, Suit I.nke 7:0 0p m 7:2r»n inI.v, (I. Juiietlo iIMnn iu t):4np iul.v, New CnMle H:«fln in 8:rinp inI.v, (llonwooil ,.,. 8:ri()n iii DiINp inl.v, Ciirhimd nle ... I>:i:ia m UM Op niAr, IliiHidt UMOii m l OiOOp mAr. Aspen I 0:l0ii in 10:58p ml.v. Asp en U tonu in 0:10p mI.v. Iinsnit li):iH)n in lo.'OSp iuAr, I.eimvllle l :(K)p m l :(xm inl.v, Il tii'ini Vlstn .. 1:ir.p iu li'ifln ml.v, lllvld e 4 -.ItOp III -|;20n ml.v. C olo. Sprl n itH., il t nnp ni 5;|fia ii il.v, Pueblo UMnp in 7:1 0n inAr, Denver .,,,., H:45p m 8:10a mClose con iiectluu tit Divide for Crip-ple fimili with nviinl iiR train.Clifflu connexion nt Colorn rto Sprin gsnml Denver for Ml point* Rnst.rre« roell tilng chair enm nn niltrain *.Lowest rnten, FniiteHt Mrvlee. Parfnrtbnr lnforo ii)ttnn apply to K. J. E1DW4R08.W. F. d aimmJ V * AgtT &.O. V. A,. rtMu r, *~ TIME TABLE DKNVBK & RIO QKANDa Novelties, New and 1 Catch y Th ings I I nst in to p lea se every body and 1 at p rices in the reach of all g TAILO R MADE SUITS I For Ladies and Gents , made to special measurement 1Guaranteed to fit, and at Less than read y made suits] I Come and Get Prises- I Shoes and .R ubbers. I J . A . EDDY, ^28 E. Hy marJ s Fi rst-class Wines , Liq uors and Cigars i 1I fo r our customers. i: | I . g^^UP ill I The Buckhorn Saloon ilI ~ w>^% illi mmm brqs. Piop^u, »8'! "9 I P 00£,?Kn„ec««on COOp 0r Ave J | WouieS You be Happy? I My choice table wines, Sherrj', Santeni ' 8Bordeaux, Burgundy, promote peace an l Bgood feeling in the household. HFine champagnes and whiskies. I The quality of the goods is the hi ghest 8but the prices exactl y ri ght. 9| P. O. Box 727. 322 IS. Hynian I diaries Wagner jfi1 * tailor • ' s I Will make 3'ou a Spring Suit that will lit to pr-rfrr-iBB I tion and make your sweetheart or wife proud o/(B|ff yovi and smile at your becoming clothes , iHB * TRY ME. I am a tailor that is a tailor and ;niiirnn-i^M I tee all 1113' work. Prices cheaper tluiii rciifl r-l BB I made clothing when 3'O.u take looko ami wcar-lH$ ing into considei'ation: IwB I 419 Cooper Avenue, - - - Aspen, Colorado |Hj ' WtyA'',<€><r Eastel " 8fm0?$i^£. Rejoici ngs ¦ //,|)|j.(|(f*=4.^|{i •.\ >.\'\V.',"'' Wlm>» fi.r tlm tnlil. ., llqiiiini >"WR (W^fM'M liW '-viivA .V . t '"V'l M " ''"'' «"1' •"»¦>'" ilwl «»»"' ¦¦^^v^f' jf.'?.1 j Ji '.tl]ii:r','.r^,i ;I >l i ,Il '"«y ''<>'• I,;iisl1 ''- »,|'"|i lV:tllrl ""'Hi /^^ {1)-;^wK^_£,!'wSi i ,U 'fe'Vjv, \vi! sciul iir oiiml ii i-nsi- in vinir Iwii.'lMBo^^-ryiv^*r '( vrsi , \m^. -i^'-^S''* Jfl^H W 'tti JjAi-^-^'r^' ^'"/^ -•' I.i 'iivti your onliM' niivv fur ili 'llmr il^BJ ,^ ^ l!|^ 'Ji ^M^:.^r ;:^y-: :--/1 ""> ' wm-win.-ii iiny. Hv.t msii- " WJ t sp}^^^0,:^^^Ml.'vV, Wlllski.y M|n.|.|iil ly, Hi.. I '.iiii.mi-Spn ¦H •^ il ^ ^^^^^^^ iV ^ '"' IIi1'- I''"" »l"uf l« nml I'luis nml >>'«¦•^^^ SS^^t fP) p,,,tH - ¦^^mmm^^-^-^ latta & CO. ¦ _^ 1 _J^H GOOD BR E AD IS A T ONIC H and in order to make it , use ¦¦ "Imperial ," "Star " and "Rose of ColoradoH mid your joy will liu Tlrlin Kull tlio Cllory yi 'iir of 1W1. flHLeading Grocers Seli If. H Grand Junction Milling & JJlevntor Coiiijiiiin'-^B Ci'timl .liuii 'd uii . i;"',>fl^B ¦l^^l |«0»»«»«««Bao««efli»«»»*«e^e»aa9»o»«*a*««e«e««***("j^H I I^lllll WARREN* 3 '1® ^?^ - =^^H' Denver 's Now Holtl BH• f^wisiiiit. ^^8^s t7th and Lar |m °r s,"o,8 , f °tBh o New ly Furnlahcrl Throughout. All Outoldo Roon'MB MRS. S. 0. WARREN , Sole Prop. ¦¦ Formerly ot Aspon. 1HH'| Mode rate Rates. G. W. PURVIANCE, Wj|i In the Future as in the past our mottowill beNothin g Too Goodfor our Patrons. The Bestmeats and Groceries mon-ey will buy. Reasonableprices nnd fair and court- icoup treatment to all at ITHE BLUE FRONT i We are The Groce rymen J OHNSON ,B0NNELL ;:jiSi& CO., Leadin g Grocers Tea m Coffee Try our 75 cent Tea with a presen t. Notliliiff better for the money. Th e F i n est i n the Lan d Our Flovr cry I'elco blend Ih tlie best En glish Iircakfnst Tea ever brought to tlilo city—$1.00 per pound. Our 25c Coffee is n repenter. Remember you enn nlwnyR get your money bnck If not sntlaflcd. ...A t Dletz 's... 109 South Mill St. J t H, SETILER, ... Den tist. .. ASPEN, COLORADO All work guaranteed. Fine Crown and Bridge Work. Gas administered Pa rlor over Telegraph OlHce. SLEEP WELL By having your old mattresses made over nnd made better than neyv. Your Furniture Ke-eoverrd atid repaired by the on- ly reliable upholstoer In Aspen. 1(1 yenre experience. My work is my guarantee. J. ft!. BRADLEY. 805 Ilyitvnn "Avenue. Oh. how pretty! How ileltclouRly deli ghtful ! You look too sweet for anything, my denr . In that The above remarks ivoro hea rd many times nt tlie millinery Display At themmi sisters Now Store I ^aot Evening. Same dis play all next week. Don 't iuSbs seeing It 309 South Galena Slreet. Of Ahpct Bverytb ing.... Nice and Fresh , .. ..Guaranteed. Cann ed Goods Of all KIiuIh »i\,l IVw i'lpUnn,All rooiIk <li<l|vi>riM l frm> of rlmrgoInimoillnli 'ly upon rwliif „f nnli-r.Try iih, Wliw<U<r O pera llouni> MlocU. ' 215 l>,'inlrl Sully nml his company of players opi'iii'il lit. I lie Si'iil.ili' Inst nlglit In "The Parish IVIest " In a giim l house , nm l from tIn * reception JjlVeW U WHS 11 llVOIUUUirvll HIICCOS *. The p lay Is nol what I lie title would siut-jem. There Is mi nl tempi in ridi- cule or inii l.e fun of l.hi' clolh. It Is il simple story of the priest 's iiii'illiillmi h el wci'ii two I'iriiig pi'itpli*. Mr. Sul- ly us Knllier Wlmli'ii docs Ills work In ii l lnlslii'il mi ''¦'. HI" niiliinil Irish wit Is spinitii his . nml wlii'ii In* nml ..hi Mli'linol Siilllvnu 1.I0I111 I', Orllllui liliv e llu* MlllK'i'. Ilielr witticisms cell- Vlllsn llle liollsc with lililKlili 'l*. Ml". Sully 's pi'leM Is "in* "f Hie iwwl imt- II I'll I pIlTI'N Of Ill'llllHf I'VI'I* W'l'll lll'll*. Il« Is )l I'fU'lu l til everyone, lllld Willie 1 lie mini iiri'ii-Oiiiiiill .v iishi-iIs himself. the pries t H0011 pri'il IllilllHK. AI II"1 full of Hie him'iiihI ciiiialn In- wns rc- ca lled ri-|)M\ie»lly, Hum UmUly eoui- polled to mulct" 11 spi 11. which lie did In Ills liilnillal ili' iiiaiiiieiv-Si'iit- l ie rout . nn* assured 11 strung, heii l thy ran* of perfert men nml women. Ilim 'l. for- get Field I>ny; lend It all assistance anil support Jn your power; It Is :i very cuinini'llilnblc cnliTprlso. Tin* Aspen High school boys linvi* nrgiliil/.i'il two baseball tea ins for lliln s eason. Tin* Idea Is Unit one team will fu rnish practice I 'm* the oilier and will afford 11 wide opportunity to seleel the he*! llmbor fur 1 in* 11111I11 tea m which will elmUi»nge Leiidvllle , tlli 'ii- wuiid am i llle Am)ii-ii ihwii Irani. Tin* school has Very kindly ilomilcd tell do llar* from the ciileiMiilniimnt filiul loWiin lri pnivliiislng nilts , bulls 11.11'*. Iiill.s . T liollili s Flynti. .II'.. has liei'ii elected tnmiuger and w*ulw ltl» etlMvtil liliin ageliienl Ibe High Ncliiml liji.se- liall team slnmlil give a gond iieeount uf 11 self. Miiiiii'ii|!iil!'«, St . I'niil, Knnsiis I'lly, lies .Mnllli'H, JSI. .Inscp ll , Ili 'llVer mil l I'.o loniiln Npi'lngn coiislllilti . the West- ern baseball league . W illi T Illeliey iim iires lileut. Tli,. Keliei lilli* of giiuies for the summer lias been adopted mid lii 'iivn* will gel (en Sunday games. Tlie season Will open III I'"live r on .May lid , wil l! Oiniilia vs. Denver. Hand ball Ih dully liiereiislng In pup- n lurliy ttml unite a few players In tills city hnve lici-ome protleleiil nl . I lll-i e.seellent gilllie , If 11 linitell enn be iir riiuiPMl lietween iivu A, I'. A. I'. Illelllliers mil l two l.ie.il IIU n . It enlllil be pnlleil off ill t III" A-t|»**ri llainl Mall t'ouvt and •would altViiel much lutcreu among palmim of Mils pupulnr spun, The IHkIi sehiHil ulhlelle club will g ive nil elilei'liiltmieiil tn Hi" iiieiulierii of tin * lllgli m'liui'l »h Krlilny evening, April III . The program will r.-usl-t of h piUTlllg. lam impelling, tumbling anil wrestling In he followed by refresh ineiilH ani l dancing. Howard Kyle lni-> l>**"i' lildlng Id* light under II bll-hel. Mini lie Mill lei- pnteil tin* rapturous reeeptlou be* re- ceived lam JilKlil at MeVleker 's III "Niltliilll llille " lie would linvo been here hum' ago. Ills Nullum .Hah* Is a llnlslii'il i'oiiee|itlnil of Hie eliurneter nm l was reei'lve.l with dellglil by 11 In nre Siuuliiy niglit house. K yle inolm like Fiivel*li.*llil M 11 ivinnrkalile <l«'- gree, bill lm Is lin|i|illy l ive frn m muM of tli e fault** of lhat matinee \\VA. U<* was mil. Hid uetoi' posing for tlie lline. light lust lilKht , 'If was the slii'.«l.\ brave viiung uMtvi' wlm rennltul Hint he linil b«» «w* M*-' l " «'*vo l ' l,U iiiinilrv.-OlilfiW. M'i«l" "'"I Ib'.'im-'. l leKeimliitfir & «<"'» "Tl "' A"'fl l,"n " "l.n Melville" pure rfnvntm fMgnrs nt tlie Alilie y. ,. ,, ... ^i. •;.,-¦: ¦>,:¦¦:¦ * Theatrical Notes w 1166 or house B1I.I.Y V .\N. Mnnngpr. W edne sday 1 JULApril I U LI I fFitzS Webster 's Itiiltleking Farce. Comedy A Breezy Time n«aoH«a0B»a«ai 'SB0HR*H»B*H* I Diamond Coal Co, | a .\< ;i:NI':i 1*1) 1*.' SS DIAMOND COAL. | 3 HAY AND GRAIN , g 11 (limit Dry Wunil Alnn > t on Hand. • S TRANSFER AND 'EXPRESS. S• •J J. S. TIIOMN. AUiKB cr, ¦ " .lift I!. IIVMAN. I'lio ne 16(1. m •¦•¦•¦•¦•¦eBa«H«M«i»l«t«tS 9 © • faster. |~| fk 1 ^ in alt colors ® w ©) (e , i — ,.—.-^,.,.,„.,,„.,., , (© ^ The $> ^ i lie . (OI Latest and Nobbiest | /^ Styles at Reasonable I'n'ces. ^j ¦») ©)ft <&©) Large Assortitjent of <$\1 PATTERN HATS I ?)' Also Our Own Desi gns %)C® (9 ©) ——. i - i i A) (A (Aq\ Will Make it to Your Advantage ^\ & to Call and See M y Prices Be- (^ g^ fore Buying. ^i Mrs. V. M. QkLim i :§; Onlena Street. ® •© 9 © 9 ••S^2^S/o\$^g^2^vSvS^®© ® © 9 ® C onrad 's Paper Cleaner It's a Good Thing Why buy Wall I'liper , when Con- nur* 1'ap er ('leiiiier iniiUeH your old ¦mper look like new? Paper cleaned without taking up or soiling tlie ear pel. I will clean your paper , or sell you the Cleaner nt 'iraj ',*. Mill street, (fa r e's 'I'leket Olllce.) Leave orders lu advance. LINK CONRADAspen, Colorado , I'. O . Hox 1 087. IN TII K Winter Time You ahnultl liilce a trip tn Nome of tin iiiany winter rosort.s lu the Snuth and Siiulli eiidt , and Hie bent way to got there In via the Colorado & Southern You know we are Hie ulnirt line to nil points SuiiliT; and out throiigli train*, carry liiindNoiue .u p-lo-diitii ¦ l v nl linnn sleepcra and elegant chair cum iiiu'iiIk ii In carte.) Texas—(JalvcHtnn, Hun Aiitoiiln. L nuisiaiiii— New Or lcaiiH. Lil lie C.tn\rt\*i\. ArkaiiHii.s— Hot Spr 'ngs. Mexico — City o f Mexico , f.'iiai lalajara. Agiia.Hcal leiiteH . l*'nr further pnrtleiilui'N call on any agent of the I 'dorado ,V Soul hern , or iiildreim T. K. KISIIKIl , (I, I'. A, Denver, Co lo. ¦'.' •'.' »'* *'.' •'.< >',< •',' >'.' >'.¦ •'< ''.< >'.* >',< >'.* O <¦'.• r* •'.< *'.' »V -V *•".' *',* >'' *> e.' '** ••V ¦'* >',' *V *V* •'* *'.* .;i t;< ¦,;« ¦.;« s,> >;» t ;i »> .;< »;i tp i;<»;»¦# >p i;« ;i SUBSCRIBE FOR Th e Aspen Democrat .*;< e, i'i O »?•) •? »'» Ci»'.' O O •? >'.i O »> »'.' »'.** •*»J« © •'.' *¦".* »? O t*.' IT' C' O O »*i © © © il©©©©©©©©©©© © ©. © © © © llP^I ™ '^ESc G reat Scenic Route OF THE KNOWN WORLD IN THE Denver & Rio Grande RAILROAD A New D e partu r e Colorado Midlan d Railwa y Tour i st Slooporo ii ::t\vkI'*\ Ch'tcat*o and l.oj Angeles Without change W C.sritiill.VH l*"roin Chicago each .Mini.lay vlu tilt) Burlington r .11r¦•. I'Vuiii Di n vi r i'ih'Ii t^'ei liieiihiy, irillll No . .'., Clo r.lilii .Ml,11*111,1 ||y. D aylight Through Hie Mountains, i:.\S TIIIII ,'NI> I'rnlll I'll Ali/c lr-l 1'iicli Moinl 'i;*. Ill fiiiilllii 'i-n 1'ailil ¦ Co . I'roiu !'i lt T .ti I aeh 'Pliiii 'ila .i , 'I'lii ln Nn . ii . iin n. t:. \v, Cniornd'i M l'llii'i.l I!y. Thro (o Chlragn via Bur. Route. Ani nci-iit't Colnniilii M'.illaiul liy , fur rnto'i , Ibn.i talilen , nm l ilr*'*rl|ii> Iv e linoldi'li or ndilrefd the (t"ni'in1 nn*i«enirer il ir^nt , Pell-fer, f'.i l.i - -:JfOSfiS8n»B»8»»»«BeH«H»«B0«'a*MM.»||'»H *»|iOl»m . i . _, ^ ^ ¦ A¦ ceived a special assortment of S, : I V;is nnd Nasturtium seeds in S Also , a complete assortment S . ¦ •;.rc]en and Grass seeds. • ¦h'ow andJ *ed Onion Sets io¦a ?.. J. FLYNN, I IB•' ¦:¦ ¦..-,¦,- . 5'VpSf '-'St ; ""¦< ''Phone .*-«4. "" 5'" ¦"¦ 9i 9 P. 0. Box 739. g ::£Q9EtCBetg9asaeBCB«B0BaBel«BeB«BCB0B-9BOIC , • mi -.Meets Heeohd n •: ¦ i - of <*a«*li ino ntli 'ut,; . i.'aleii u St. J; U.i '.I'l .'us eher , See. :,, ¦ " ¦ us.'-jfeets first mid\ -• of each inoiith lu i I'. M. Y:ilen , \V.¦le '.d , Hecro tary. . i*-No.,U). It. A. 11.—: fo urth Monday ofi *.nle '1'ernple. K. C.i '. \V. Strlngllcld , See. er No. '22 , O. E. S.--¦: tl:iril Fridays of each•mil Temple. Bmma .7.¦.-'¦ir-ili A . Willi ams, See. i ': ::i CM.-niiiandery No.i '.iiv -.M-cls (lr st and;' i cell iiioiiili at Ma \\'. Siring Held , B. C.¦\ -¦rder. i .LDWS. I .V.i—.Meets everyI. O. O. K. Hull.:.-.\ Street. A. II.:'. Aek vriutiii ,";.{. No. 2!)—Meets, .ay of eii eh momli¦. M. UtU'lslHllllVV,in. .Scribe. ¦ • i * No . 1)2—Meets¦ ' hi. ()<!d Ktillow 'sH il . M. 1-. Brown , 8 . .. S -Meets secondB > > ' ' each month atK ¦¦'. Th aya , Captain. ft *¦ .il :.v No. ',)—MeetsH; .i: at Ofl;'. I'VI-Rl i lay. N. G. M li- ft' I'VTIIiA S. B: I'ii.'i uy No, 11!,a, . :ii old CourtH -,l:»v e vening. I*.E !.. I.', li arville , It. E-i ¦'. -... No . -Kl -MeetsHI' . ic: .-a I'yth lnn1] .i .C, X. A. hlk- ¦!*¦ IMiii rosc Temple,i ''Imr.siliiy ufter-r :*i nii hall. M rs.i'.. c . Viohi C.allu- J: ¦ ¦IlKMMN. ¦: ! Meets every(• .ii (id.l Kellows'J M . W. II. T. !'¦ J !:: Meets overy;i i '. 11 . S . of A, hall.I Mliln Smith . II. i ¦ " :¦ Is eve ry Hecillld '' , .a.'li llllllllll lit §i . hee ling, presl-¦. I*'i naiicler. ¦ n • '_m' i). (>: u.—B» .¦veiling In 1". *Vft- l ail Uunter , C. of i !* *, No . -Ill—Meets¦ . a :.,lay of eachf ¦ * ,\, Hall. Jiillti*< p. II. Pnywult.r I ¦ MeeU llrst nnd< ' i'li mon th at* hall. Mrs. V.1* Mia . Kiln M. 1 'Vl'lel NO. J!>-¦' Ii- i-i i oiiii 111 1!1 * 'I. Aiinn Me- t "" .:.. I I" C Viiiing- I l Meets lit P.HF liahi y eveningH. 'I" ,iy« welenme.M WiI.miii, <Mi r k. B' * il MeetH llratK , "Ulug o f eachm ' .: a. iiaii. aii'H.¦- Maiy l„ IU'lile , If Amer ica , Ah-Meei'i ev ery nee-L uther i)|ie!i - , • i:.*il (.Mi.ns* hail , i*.I Mens' luili,j , m a-. Mnry V 1 , ' .''.i'i liil nl Wert*I .', ; ; "' -''iim strong,I • i- s Hi*. Iifmrlt'i* \; iiOT ORY.z— ELKS. Aapen i^odge t\o. 224 , B. I*. O. B.—Meets In their hall over the StateHank, the second nnd fourth Wednes-day in eaeli month .it 8 p. in. Visi tingEIkn always welcome. A. S. Itose, E.It. frank li. Browne. Secretary. CUOSBN PUIENDS.Aspen Council No. 10—Meets everyseco:. .Mid fourth Thursday of eachmonth in . Red Mens" mill. M. W.Lewis, C. Lizzie PoWl.i , Sec. UNIONS. Ketiill Clerks' Local No. DO—Meetsthe ti rs t Kiiday night of each monthIn Miners' Union hull. C. II. Pratt ,President, .lames Walsh, Secretary. Pitkin County Miner's Union No. C—.Meets every Tuesday at 7:.'i0 I n Miners'Union Hall. Theodore Saurer, Presi-dent. It. K. SpinUle, Financial Sec. Barbers' Protective No. 1—Meets onthe second Tuesday night In eachmonth. A. J. Bicker, Presid eut. G.V. Anderson , Secretary. OFFICIAL DIRECTOR Y COUNTY OI-TICEUB. Clerk It»y Parrx roiisuror M. C. MeNU-liolsSheriff I*. V. Irvingassessor A. J. U oga nSupt. of Schools E. M. ScanlanCoroner I. c. .riilinsenCounty Judge II. C. KogorsAttorney It. AV. ChirkSurveyor ti. W. NiceCommissioners—II. llourg, Cliiilrnuiii.Vlnee .lohn.son. II. Ilarkins. I'M ItU nEPAllTHENT. Aspen II0Ki> No. 1—Meets ili-st Tuns-day in each mouth. A. I). Irwi n , Pres-iden t , W. It . Hull , For eman. Cowenhoven Hose, No. 2—Meetsfirst Friday in each month. CharlesO'Kane, Pres.,.f. 11. Powell. Foreman.J. 1). Hooper Honk and Ladder Com-pany, No. 1—Meets lirst Monday Ineach month. Ike Jones , President , BenIJari'iihrook , Foreman. CITY OFFi -8RS. Mayor S. 0. McNeilTreasurer Emily A. KonneyClerk Estella I. Sandersl'liysielnn Dr. tlulhiiePolice Judge S . St. BiglowAttorney : 11. \V. •CliiricMiirshal William WalshC. l.'. Smi th Fire Chief(.'lias. Simpson JailerAldei'incn—Cnnrle.-i O'Kane, 11. It .Br own , .lohn It. Mason . A. (). Weber ,II. Jiihnsoii. V.' oJaH»"***"""l "u"*, tsMj • ^;i 1/^jt>£&t^>-^^— tnr^jjjjv^- 11 Via in ' co p"H min wiiiin i.i :nt is nvuii lu cill wlilell enn In* eaten with » rel- ish W inure I ban ever ile.drable. Vot Kas lei- I'n .V ntn l llu* tln .vw su eei 'i'illuH FiiH ler. nrder .vimd' b)'1')' »»W^'n nf Hi, Prime I'llt rnilHls In lieel'. mllt lon, lamb , | )try--i'v eryl)ilng yon reipilr. In t h eui nml pi'tiHry II'"' ««• HUNN The Ment Mnn D, H. MOFFA T . Pres ident, W. S. CHEESMAH , Vice Pr esident.T, G. LYSTER. Cash ier,0, L. WOORE. Ussl. Caslita,THE ^ • State Bank •¦¦OF... ASPEN, COLORADO. DIRECTORS W. S. C hecaman , D. IT. M oflnt , D. M. JT ymaii , T. G. L yater , Win . J. C ox For You to Read "What pu/.zlcd mo in tho beg inning -was that I kept losing flesh without anycause fur it that I could see. I had a little trouble with my stomach, too , nndafter a. while began to grow weaker and to cough. The cough , I thought , wouldr.iioii'go away and euro itsel f , but .it didu 't. It grew worse, and — /^'AijX, | .then I began to spit up a pecu- !& V | /\ |i ar lo'.kiiij; substance. 1 never 1 fi* -'Crv/ I mi >*^>k )|nought of consumption , hut ono ^^^ I A ^ --W I IJ^f.l^V/lay I liad a hemorrhage, and th en "I |^^-l(tf *c '',t,:/^i',A I | \F(,k-vVivas fri g htened in earnest and /'fl!«£§^?s Ax tv*^Vv!!l• lid just what you would do . I ( . VYltSS^ V\ i^^oMushed to tho doctor. He was \ \/B ^®^.i ^__ll=J^/X.yether too busy, o r something -—7 Vg /^~i«Siii?f// X ^¦Nc , forlie didn 't doineanv good. I ' /7 /f—vi'r'V " !«.'//, ^' kept going oruWii lull .iwd tlv* -"^ x ***rC -'-?-$', *¦{ /#'.'I,->>*¦<> !¦utloolc was had. Things took a v ' \^li 'm \ ' Ir 'iV s-^iliffcruiit turn , however , when I —1*^~ ^~/'i\S/-\ V- //."/ /*&t^heard of Acker 's English Reined v ^frffij. I' P;^^L/~%i[i4%$mlor Ccmsumption , for I voc-k ii , W/fj /A ///• §j \. •/ ^f l-!Wr.**tshand it not onl y cured my coug h- //j/f/fi A'f/ | Uv 'h\ &niff and spitti ng , but also built up "' \ Jl ,'/^:''i^:..v^i l i p ' " 'my whole system. I took "il per- ^? '-^t '-'- '-'-¦ --—Vmanent lles'h , and today am just c?-^^—as h ea lth y a man as yon can find J '^in a week's travel. You mnv busure I always keep Acker 's Eug- ¦ ' ¦ "-—'"_ ' , __lish Remed y i n tlie house , and it '^^i^i^^^^^Tr^-ir^HsiTrr^1is a good thing I do so , for one ^S^^S^^^f^5^^1^1^ni ght my youngest child was \\ftntrr, -rj,,,,^i;eizod with croup. That hoarse, \'l l '|l f 'jViinwheezy coug h was t ho lirst si nual , I 'and I los t no time in giving the poor lilt lo sufferer proper doses of this grandmedicine. In almost no time the disease was under cT.t rol , a nd my chiM wassaved: I advise every parent in have a bottle Uaiulv al! th'* time. It scrv ¦.•¦¦. tliesame purpose in keep i ng croup o.-.t of the house ll-.a:" a •..¦.•i:'. Lick a nd kev u*-. '.oto keep burg la rs out . It is ii nh mi expectorant and :*. to:.:.'. It c ured nie.'"l ' co n-sumption and my ehildof croup, and 1 know what I a-:i :.•.'.'..i nj; abunt." (Sig ned)Hon. M. Uiiii.xN , picture frame manufacti rer , ¦.*.|i-Ccu '.e r Street . Ne w York. Ac'u>r *s llncli-l. It'-m.-ilv it.'il I I'V Jtl l ilr-l'.-.-NU u-i.l rr :. l",.iliv.- -'i ir '¦ Ciul vntir iiioru'^ \«,il In- rrt.iu:ult>hu cn„..,, i.,.I,,,-,.. -j.v ,:„,c a .,.i ;.]„ j,,,,,^. ,„ i;. :, a ,„i , .,,.,,]. i„ l .;, :i.,„,i. l». ¦J.I ..J,. :u .„i.J i, f.l. IIVflK.'.-V"/:.- .'.',- .¦¦•,.-.- ..:,.- -.ii .:,: (;-. //. i:n-i:, :;;.-..¦ , , ;¦ ..,„.¦„,.., .v,.-» r»i -t.;.. ^J^-Vnt e Aspen Pharmacy. B©O0©0©©©©0©fB©©©*3 ©©©_©©©© ©.© ©©©©©©©?> %m^r% r^@ l3 A " . ¦ . ' ' *\* !i . : ... © »3 —¦ '¦—: '¦ —-»— .*. :•)¦•-. " ' . © 8 '<•:¦' 5) •¦•..; *Ii © \ A $5 Man s Shoes for - - $2.50 | \ A $5 Lad y 's Shoes for - - $2.50 | 3 ' •' ' ' '.'¦ •' © 3 '¦¦.'..'" 5* 3 ¦ ¦ C1 9 .... © I : ., : .„____ I 9 • v *I O ne Day Only \ s '' " ©9 i :. ,.. THE *I C rown Shoe Store I l£ C. F. Y0UBERG , Propu }?I 9-<* CJ^ • **i» © © © © © © © © © © © © © © © © # © © © © © © © © © © © © © © © *-'1 "A Breezy Time." ".V Breezy Tlmo" which has been ahilighhig suecinH for the past season,and hi which the iniiiiagers , Fit/, andWcbstiT, have achieved fume nnd for-tun e, will be at the Wheeler nex t Wid-uetwlH .v . "A Breezy Time" Is » musica l fa rcecomedy creation with an nbiuidiuieeof fun and a paucity of Merlons Inter-est. In other words* Us purpose Isto divert rather Until to oiigrosp theattention. It Im-I I i*vi*m 1ln>' geneinilopinion that n farce eoiuedy nmnothave n coherent pint. In pnlnt of fact.It has a (^-lieine of interest that 'runstliroughout the entire play, and makes. BESSEY LE VOYn very good rack upon which to hanga scries of specialty performances ofii high order and enjoyable nature;: ,..' This musical co medy fairly scinti- latc.s with mirth and merriment , lia*stlie sweetest songs, jollies * jokes , i-ud happiest Jills. The novelties iiilro -ilu'ceil i nclude the three legged. Hiiilor. lawn teainls quintette, f rolii .-. of f rogs. :lie rooster diiu<:e , and a .grand' cuke walk by the entire company. 1*. S.—Do n 't miss the free band con- cert Ht'S&O l>. m.. SPORTS Cortxtt-Santry ' Young Coriiett the popular (Tolorndo feather-weight , will have a elmnce tn'regnln--h'lH lost laurels nex t Friday night In Denver, where lie Is scheduled xn meet Kddle Snntry. .lolimiy Cor- iiett , his trainer, says as follows to the D enver Post : "I expect hlin to make the tight of Ids caree r. I did not have sole charge of him wlillo he was training for Itrond , but th is time I mean to put my foot down ami see Mint -lie iloes ri ght. WJie.ii I mi nk of "how . he al- lowed Broad toliea t him It gets mo so warm under the-co-linr that I ean 'h nrd- ly. t*iHMils. lle 'on'ght 'to .linvi*. beaten l ti:oiid ,..easy, and after tlie seemul'' round 1 did not'-iee where he could lose The Kid needs '.-I 'l ltlle more experience. Hint's all. Peopfe ' inay nol think so , ; bu t i nni _ of th'p o pinion' that Santo- Is a tougher i nVin lliart Itn>ad. I am mit saying this ns an excuse la ease the:JCld gets defeated . If Coriiett Is j well and strong ' and meets defeat there -w(ll .'lie ;-no':i*oi npliiint coming from -on.!' si de of t'he house." . Field Day Arrangements are now being wade by P rofessor I'r.'Wii si-onib.! and Ills able co i'iN* of asslslunts by vliich the e ntire s-hools ot .li'lien wl 1 - partlci- pate In one , grand I*"l eld Da.' of a tlt- lelle spin Is and i ten is'es to Ink,- place about the middle of May. T'ij..sc.'ilm i 1 board am! teiieli 'is deserve f'e thankf- ul' eve-y iia rent. fit * lii 'l rodiiclii;; gym. iiastles ami cnlisllie.'ities into tiii- pub- lic sc'iools he re, a s it is jus ' as ne- cessary lire body should !<.¦' Inii ncil p roperl y' as well ns the iiiiii'1.' I t sliou '.tl be ili e law in ev-iy slnte , th at :i thorough cui"-se in gv.:iii.istlc- nud atltte.tles be taught iu all bvIiouIk. Tlie iiccuiii nlnted stock of nainby . painliy, whining uiifni-tuniiies is re- duced thereby and future generations ^••••••••• ^•••••^^••tiVs '*^ il Amusements and Sports ii....8... ..M ........... ......... j All the Latest .^iongs , All tlie Latest Dances, All the Latest JNovclties A Whirlwind of Laughter . and a Cyclone of Fun. U Lau g h , U Roar , U Scream Dnii 't fail tn hear the Solo Band Con- cert at .'!:.'in p. m. P rices , oOc. T.'c , $1.0i >. Sea t sale tipens Monday. The BE ST BUTTER In the market only 30cPer round, fresh ranch ICggs . Kansas City corn fed mea t and poultry. Staple , Fancy Groceries I!ass ' Pule Ale and Ouinuesfie's Stout, the best Tonic for the Grippe, o n ly ¦.'.-> cents per bott l e. Port and Sherry Wine, ,?1.H0 pe r gallon, and all ki nds of I.iipior for .Medical and Fain- I li y use at j W. DURANT , 806 Cooper Ave.Telepho ne ll-B.SOU Cooper Avenue. Free Coina ge Barb Shop W. R. JAMES, Prop. Sniootli Shaves and Slick Haircuts a S pecialty . Hyiiia n Avenue. Hctweoi Al Lamb's and Belden & Heidi's, Life and Accident Insurance Kstlmales on all kinds of lnsu ninei fur nished upon application. JAS. T. fVIARR OIV, Disi. A Qt. Aspe n , Cnlorildo . . ^ ¦'-J 1- — — , P..I ..N..E Wines,, . iLiquors , and Cigars ; lilil.NK TIIK ('KI,I*:i!I!ATI*:i> .MIX N KStlTA llllAl.N I'.Kl.'l' HKKU. ....AT.... : A. J. MINK'S Samp le Room 306 South Mill St. BROWN PALACE CAFE Tlie Luxury of Living, Iloige ' Cooking. Only the Very rte^t. )VER THE POSTOFFICE. Amerleim Plan. Only regular inenh lerved. ' dlKS JOSIK (lAllOUKV , Proprietor W i n d sor Hote l , DENVER.head quarters for Colorado People, doro for the money than any othei hotel in Denver. R ales , if'J.OO to $15.00 a day. KlneHt Turkish lliiliia In the City. T. A. WK10IN, MnniiRcr. 216 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and CITY OF ASPEN with mailing address 427 Rio Grande Place, Aspen, CO 81611(“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 100 MAROLT PL ASPEN, CO 81611, and presently known as Marolt Ranch (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 10 washer(s) and 10 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 51217 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8. Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13. In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 52218 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 53219 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 City of Aspen DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 54220 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and ACI Affordable 1 LLLP with mailing address 18 Truscott Place, Aspen, CO 81611 (“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 38996 Highway 82, Aspen, CO 81611, and presently known as Aspen Country Inn (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 5 washer(s) and 5 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 47221 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8. Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13. In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 48222 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 49223 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: ACI Affordable 1 LLLP Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 50224 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and City of Aspen with mailing address 130 S Galena St, Aspen, CO 81611 (“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 18 Truscott Place, Aspen, CO 81611 and presently known as Truscott Place Phase 1 (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 14 washer(s) and 14 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 43225 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8. Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13.In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 44226 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 45227 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: City of Aspen Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 46228 1 V2024.03.01 LAUNDRY FACILITIES LEASE This Laundry Facilities Lease (“Lease”) is entered into on this 15 day of May, 2024 (“Effective Date”) by and between CSC ServiceWorks, Inc., a Florida corporation, with mailing address 1204 W. Bethel Road, Suite 160, Coppell, TX 75019 (“Lessee”), and Truscott Phase II LLLP with mailing address 18 Truscott Place, Aspen, CO 81611 (“Lessor”). In consideration of the mutual covenants hereinafter contained, and the duties and obligations set forth herein, Lessor and Lessee (collectively, “Parties”) agree as follows: 1.Lease Rights. Lessor warrants and represents that Lessor is the owner, or authorized agent of the owner, of a certain property located at 39551 Highway 82, Aspen, CO 81611 and presently known as Truscott Place Phase 2 (“Premises”). This Lease shall apply to all locations, buildings and addresses associated with the operations of the Premises. Lessor hereby leases to Lessee the exclusive use, control and possession of those certain area(s), space(s) and/or room(s) at the Premises, which are designated as laundry facilities and used as such (“Leased Premises”). Lessee’s exclusive use, control and possession rights are for the limited purpose of installing, operating and maintaining laundry machines and related equipment as well as providing relevant laundry services (“Intended Use”). Lessee permits the residents of the Premises to enter the Leased Premises to use such laundry equipment for its Intended Use and Lessor to enter to carry out its obligations set forth in this Lease. 2.Equipment. In furtherance of its leasehold rights and the Intended Use, Lessee agrees to install and/or maintain 6 washer(s) and 12 dryer(s) (stacks count as two machines) and 0 value-transfer/card-dispenser machine(s) and/or digital payment kiosk(s) (collectively, “Machine(s)”). In addition to the Machine(s), Lessee agrees to install, as applicable, any and all ancillary devices to ensure proper operation thereof (collectively, “Equipment”). Lessor agrees that Lessee shall have the right to determine the Equipment’s model, payment operating system and technology. Lessor agrees that Lessee can post notice labels and identification decals on its Equipment as well as informational signage within the Leased Premises. Lessee certifies that its front load washers and front load front control dryers are ADA compliant and that its CSC Pay App supports the following assistive technology: VoiceOver(iOS) and TalkBack (Android). 3.Term. The initial term of this Lease (“Term”) shall be for a period of 60 months beginning upon the date of installation of all Equipment (“Commencement Date"). Financial obligations of the Lessor payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4.Renewal. Thereafter, the Term shall continue on a year-to-year basis unless and until either party provides such written notice at least sixty (60)days prior to the expiration of the then-current term. Any reference to ''Term'' shall include the initial term and any applicable renewal term(s). 5.Rent. Lessee agrees to pay Lessor a portion of the monies generated by the Equipment during the preceding collection period (‘‘Gross Collections’‘), in arrears, as rent (‘‘Rent’‘). Rent shall be 60% of Net Collections less permissible deductions identified below (‘‘Net Commissions’‘). Notwithstanding the above, Lessee shall be entitled a minimum guaranty in the amount of $45 per Machine, per month (‘‘Min Comp’‘). Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Min Comp. Lessor shall pay Lessee’s invoice within thirty (30) days of receipt. The Min Comp shall be adjusted periodically to reflect increases in the seasonally adjusted Consumer Price Index (CPI) as reported by the U.S. Bureau of Labor Statistics. Deductions. To calculate Rent, Lessee shall: a.Deduct from Gross Collections, any smartcard costs and mobile application user convenience fees (‘‘Commissionable Collections’‘); b.Deduct from Commissionable Collections, any user refunds (‘‘Net Collections’‘); c.From Net Collections, calculate Lessor’s share as stated above (‘‘Gross Commissions’‘); and d.Deduct from Gross Commissions, any online portal fees, merchant processing fees for credit/debit card transactions, voice/data charges, all applicable governmental fees and/or taxes payable by Lessee in connection with the use and possession of the Leased Premises and/or the operation of the Equipment, reimbursable expenses otherwise allowed in this Lease, as well as an administrative fee at a rate of 9.75% of the Commissionable Collections, which covers certain allocated expenses related to collections, customer support, loss control, environmental fees, check processing charges, transportation surcharges and technology fees (‘‘Net Commissions’‘) The Parties acknowledge that the costs of providing the Equipment and the laundry services contemplated under the Lease will vary during the Term, and therefore Lessee may modify the rate of the administrative fee to offset increases in these administrative and allocable costs with the consent of the Lessor, which consent shall not be unreasonably withheld and which may be evidenced verbally, in writing, or by the actions and practices of the Parties. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 39229 2 V2024.03.01 6. Collecting. Rent shall be paid by the last day of the next month following the collection and reporting of all revenue streams (i.e., a full collection by November 20th shall be paid by December 31st). Lessor agrees that Lessee shall have the right to determine the dates and times of collection, provided Rent is timely paid. 7. Vend Price. Lessor agrees that Lessee shall determine the vend price for the Equipment in its reasonable discretion. Any vend price changes shall be based on fair market value and shall change to be consistent with pricing of comparable properties to the Leased Premises and enhance revenue generation. 8.Mutual Obligations for Service. The Parties agree and acknowledge the need to service the Equipment is foreseeable and there are shared responsibilities associated with ensuring a prompt service response. An item of Equipment that malfunctions is not, in and of itself, a breach of the Lease. Lessee requires notice of a service issue in order to respond. As such, Lessor agrees to promptly notify Lessee if an item of Equipment ceases to operate in a normal manner only by: (i) calling Lessee at its toll-free phone number; (ii) submitting a request through its company website; or (iii) submitting a service request through Lessee’s mobile phone application. 9. Service Response. Lessee agrees to respond to service requests and restore any item of Equipment to operating condition within a reasonable timeframe. If, in Lessee’s sole discretion, repair is no longer a viable solution, Lessee will remove it and replace it with a comparable unit in as- good or better condition. The Parties shall work cooperatively to minimize any interruption. 10. Code Compliance. Lessor shall ensure the Leased Premises is, at all times, in compliance with all applicable laws, codes and regulations concerning the Intended Use. Should either party receive notice of any such violation(s) concerning the Leased Premises and/or the Intended Use, Lessor shall promptly, at its sole cost and expense, address and resolve. If Lessor fails to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such violation(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 11. Utilities & Maintenance. Lessor agrees to clean the Leased Premises and maintain in good condition and repair. This includes, providing and maintaining, at its sole cost and expense, all utilities required for the proper and safe use of the Equipment, including but not limited to, internet, electricity, plumbing, hot and cold water, gas and sewage disposal/drainage. Additionally, Lessor shall clean and maintain the Premises’ dryer venting system, from behind the interior wall and/or ceiling surfaces of the Leased Premises until it properly vents to the exterior of the building. If Lessee determines the Equipment is affected by Lessor’s failure to comply with this Section, Lessee shall provide written notice thereof and give Lessor seven (7) days to cure. If not cured, Lessee may, in its discretion, take any and all action to resolve and cure such failure(s) and then invoice Lessor for such remedial costs or deduct such amount from Rent otherwise due. 12. Dryer Connections. Lessee is responsible for cleaning and maintaining the dryer ventilation components (flexible or hardline) that connect the back of the dryers to the interior wall, ceiling surfaces and/or vent system fittings of the Leased Premises, whatever is made available by Lessor. 13. In-Home Equipment. Lessor warrants and represents that residential units are currently equipped with their own in-home laundry connections (“Excepted Units”). Lessee is the exclusive laundry provider at the Premises. Therefore, no in-home laundry connections or equipment shall be added, constructed or otherwise provided at the Premises, excluding those Excepted Units, unless expressly authorized by Lessee. Otherwise, Lessee shall be entitled to (1) adjust the Rent to ensure its share is not affected by the inevitable decrease in Gross Collections; or (2) at the sole option of Lessee, terminate this Lease and recover damages for material breach of the Lease. 14. Access. Lessee and residents of the Premises shall have access to the Leased Premises, at minimum, at all reasonable hours. If the Leased Premises are kept locked, Lessee and residents shall be furnished with keys and/or entry code(s), as necessary, to ensure sufficient access and use of the Leased Premises. Any delay in Lessee’s performance due to an inability to access the Leased Premises shall be excused unless due to its own negligence. Additionally, Lessor shall not refuse Lessee access to the Leased Premises and/or the Equipment during reasonable hours. Lessee may, in its discretion, invoice Lessor for costs and damages associated with Lessee’s repeated inability to gain access or Lessor’s refusal to permit access or deduct such amount from Rent otherwise due. 15. Security. Lessor is responsible for providing the same reasonable security to Lessee that Lessor is expected to provide the other tenants and/or occupants of the Premises, and is responsible for any personal injury or property damage claims arising from a lack of such reasonable security. Lessee shall repair or replace vandalized or missing Equipment as needed and invoice Lessor for such vandalism damages (i.e., repair charges and/or replacement costs) or deduct such amount from Rent otherwise due. Any delay in Lessee’s performance due to materially unsafe conditions related to the Leased Premises shall be excused for the duration of such condition. Moreover, Lessee may, in its discretion, invoice Lessor for costs associated with Lessee’s inability to complete performance due to such unsafe conditions or deduct such amount from Rent otherwise due. 16. Insurance. Lessee shall maintain reasonable insurance coverage to insure against liability for bodily injury or property damage, with not less than commercial general liability limits of $1 million per occurrence and $2 million aggregate. Lessee shall furnish a certificate of insurance evidencing such coverage to Lessor prior to the Commencement Date and thereafter upon request by Lessor. Lessee shall only be responsible for injuries or damages due to its negligence and/or breach of this Lease, except to the extent of Lessor’s negligence and/or breach of this Lease. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 40230 3 V2024.03.01 17.Title/Ownership. Title to the Equipment shall always remain with Lessee. Lessor shall not move or remove, disconnect, or tamper with the Equipment for any reason whatsoever unless expressly authorized by Lessee or in the case of an emergency. An emergency shall be an occurrence posing immediate and significant risk to person or property. If Lessee’s business is interrupted as a result of Lessor’s acts or omissions, then Lessee may extend the Term for a period of time equal to the period of such interruption by written notice to Lessor. 18.Successors and Assigns. This Lease, in all respects, shall be construed as a lease for real property and not a license. As such, it is binding upon and inures to the benefit of the heirs, successors and assigns of the Parties hereto, including, but not limited to, a successor as a result of the sale or conversion of the Premises. The presence of the Equipment on the Leased Premises constitutes constructive notice of this Lease. Notwithstanding, Lessor shall notify a prospective purchaser of the existence of this Lease prior to any sale or conversion of the Premises and execute an assignment and assumption of this Lease with the prospective purchaser. Failure by Lessor to do so does not affect the validity of this Lease. Instead, a prospective purchaser’s remedy is against the Lessor/seller based on the alleged failure to disclose and/or assign. If necessary, Lessee shall have the right to seek all available legal and equitable remedies to enforce the Lease against Lessor and any other culpable parties, including the prospective purchaser. 19.Quiet Enjoyment. Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or interference, provided Lessee pays the Rent and otherwise performs its obligations. 20.Low Usage. If the Equipment usage does not exceed an average of one (1) cycle per Machine, per day during any three (3) consecutive month period, Lessee shall be entitled to the following: (1) remove some of the Equipment, at its sole cost and expense, to better align the laundry operation with the historical usage of the Equipment; (2) remove all of Equipment and terminate the Lease. Lessee may deduct from Rent otherwise due, or invoice Lessor for the deficit, if necessary, to collect the Required Comp. Lessee shall notify Lessor, in writing, prior to taking any remedial action under this Section. 21.Notice. All Lease notices, excluding service requests in accordance with Section 8 above, shall be sent via trackable delivery which can be verified by a third party system, such as by certified mail, return receipt requested and/or well-known trackable delivery service (e.g., FedEx, UPS or DHL), to the respective Parties’ address above, or such other address as specified by the Parties in writing. Notice shall be effective upon delivery. 22.Breach. In addition to remedies otherwise provided in this Lease, the following shall be considered a breach and/or default of this Lease (“Breach”): a) The other party commits any material breach or default of this Lease which is not capable of being remedied; or b) The other party commits an ordinary breach or default of this Lease which is capable of being remedied and fails to remedy within thirty (30) days of written notice delivered in compliance with Section 21. Notwithstanding, if Lessee’s cure to Breach is delayed due to a reason outside of its reasonable control, the cure period shall be extended for a reasonable period. This provision shall supersede any state or local law notice provision, which the Parties expressly waive. In the event of a Breach, the non-defaulting party shall be entitled to seek all available legal and equitable remedies related to such Breach, including but not limited to, the termination of the Lease and/or recovery of damages. Notwithstanding, neither party shall be liable to the other for any incidental, indirect, special or punitive damages. 23.Mediation. In the event of a Breach, the Parties shall first attempt to resolve through good-faith negotiation. If still unresolved, the Parties agree to submit the dispute to mediation, by video or in-person, before a mutually agreeable mediator. Costs to be shared equally between the Parties. If mediation is not promptly scheduled (e.g., available dates exchanged within thirty (30) days of the initial mediation request), this requirement may be deemed satisfied and either party may escalate accordingly. 24. Legal Proceeding. If still unresolved after (or by failure to timely schedule) mediation, either party shall have the right to escalate the matter to a court of competent jurisdiction. All questions regarding this Contract and the rights and liabilities of the parties shall be determined under Colorado law, with venue in Pitkin County . 25.Prevailing Party. The prevailing party shall be entitled to recover litigations costs and reasonable attorney’s fees incurred to enforce the Lease. 26.Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). 27.Class Waiver. Lessor, Lessee and Covered Parties are prohibited from participating in any type of representative action, including a class action or private attorney general action, and from seeking any relief on a representative or class basis. 28.Miscellaneous a.Governing Law. This Lease shall be governed by the laws of the state in which the Premises are located. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 41231 4 V2024.03.01 b.Exclusivity. Lessor represents and warrants that during the Term there shall be no other conflicting agreement or competition (lease, license or laundry equipment and/or services agreement or otherwise) in force related to the Leased Premises or the Premises and will defend and indemnify Lessee against all claims to the contrary. Lessor will take any reasonably necessary and prudent action to allow Lessee to install the Equipment-to the extent authorized by law. c.Severability. If any provision of this Lease shall, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision. d.Construction. All Parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Lease and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease. e.Incorporation. Any terms and conditions set forth in any duly signed addendum or schedule are expressly incorporated by reference. f.Waiver. A failure to exercise any right or remedy hereunder shall not operate as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law or in equity. g.Headings. The headings contained in this Lease are for reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. h.Entire Agreement. Lessor and Lessee expressly agree this Lease contains the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements, and may not be modified, except as provided for herein, unless said modification is contained in a writing signed by both Parties. Notwithstanding, if Lessee is currently operating laundry equipment at the Premises under a prior agreement, the payment obligations and the laundry equipment from that prior agreement shall continue until the Commencement Date, but all other terms and conditions of this Lease shall be effective upon execution. i.Signatures. The Parties accept electronic and/or PDF signatures and counterpart signatures shall be deemed to be one and the same. AUTHORIZED SIGNATURES The person(s) signing below affirms he or she has read, understands and agrees to the terms and conditions of this Laundry Facilities Lease, including the arbitration, jury trial waiver and class waiver provisions, and agrees that all such terms and conditions are expressly incorporated by reference. Further, the person(s) signing below warrants and represents that they have the full power and authority to enter into this Laundry Facilities Lease, and acknowledges that the other party relies upon that warranty and representation. LESSEE: CSC SERVICEWORKS, INC. Signature: \s2\ Print Name:\n2\ Title:\t2\ Date: \d2\ LESSOR: Truscott Phase II LLLP Signature: \s1\________________________________ Print Name: \n1\ Title: \t1\ Date:\d1\ LESSOR MUST COMPLETE PAYEE FORM ON NEXT PAGE AND PROVIDE LESSEE WITH A COMPLETED FORM W-9 Joseph Sanchez Business Development Manager 5/16/2024 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 5/29/2024 | 11:03:34 AM PDT 42232 Expert Solutions for Your Laundry Operation :: Marolt Ranch / Aspen County Inn / Truscott Phase l & ll :: cscsw.com DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 25233 *Updated 04/23/2024 Dear Nicole & Team, The laundry business is changing, and owner/operators are re-thinking their laundry businesses and how they can most efficiently manage the things that matter most to them. Your property deserves the best that the nation’s only Total Laundry Solution provider can provide, including the latest innovations that can increase revenues while also increasing resident safety and satisfaction. Based on our input, we have identified a solution that best aligns with your needs and desired outcomes. You will benefit from the individualized support of a local team, backed by the resources of a national company. Here are some of the highlights that y ou can expect when partnering with CSC ServiceWorks: • In today’s environment, the resident demand for cashless payment options and remote monitoring has never been greater. We are making these critical features available with our digital technology. • In addition to creating a safer, more distanced laundry environment with decreased vandalism, residents using digital payment technology will likely increase laundry revenues. • You’ll also receive a guaranteed worry-free service program that includes all equipment, parts, and service at no cost or expense. This information highlights the solutions and key features of our state-of-the-art digital laundry solution. I’d be glad to answer any questions that you may have and look at availability in scheduling your installation. We thank you for your business and look forward to serving your needs. Sincerely, Joe Sanchez National Business Development Manager CSC ServiceWorks 559-244-9104 jsanchez@cscsw.com DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 26234 Proposal Summary : : Marolt Ranch Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 10 Commercial Speed Queen Washers (ADA set per room) • 10 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • CSC Ultra One Readers – Digital Laundry Room Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years • *CSC *CS DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 27235 Proposal Summary : : Aspen Country Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 5 Commercial Speed Queen Washers (ADA set per room) • 5 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • CSC Ultra One Readers – Digital Laundry Room Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 28236 Proposal Summary : : Truscott I Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 14 Commercial Speed Queen Washers (ADA set per room) • 14 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • VTM Card Machine (Credit) + GoSolo Card Readers Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 29237 Proposal Summary : : Truscott II Following are some of the specifics of your laundry services proposal: FULL-SERVICE LAUNDRY SOLUTION Program Highlights • Commercial Certified Speed Queen washers and dryers with the latest payment technology. • We’ll transparently manage the collections, commissions, and refunds. • Installation, service, parts, and machine replacements from our certified technicians Equipment • 6 Commercial Speed Queen Washers (ADA set per room) • 12 Commercial Speed Queen Dryers (ADA set per room) Payment Technology • Pay by App & App-less Quick Pay • Access Mobile Wallets (Google + Apple Pay + Credit/Debit) • VTM Card Machine (Credit) + GoSolo Card Readers Key Features • Remote Monitoring • Cycle Alerts Client Portal • Premium Included Maintenance • Service, parts, and machine replacements (Included) Smart Vend • Proposed Vend $2.00 Wash & $2.00 Dry Revenue Share (Commission) • 60% commission, paid to the property monthly. ($45 per machine per month minimum compensation to CSC) Proposed Term • 5 years DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 30238 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 31239 CSCS W. C OM Community Laundry Full-Service Revenue Share This Total Laundry Solution is the easiest way to get out of the laundry business NOW, with no additional service, parts, or capital expenses. We’ll handle everything while employing technologies that drive revenues and deliver convenience to your residents. This includes all aspects of digital payment technologies, collections, refunds, intelligent pricing, and merchant payment services. Administration • Reduce costs and liability while freeing up time for you and your staff • Optimize vend rates with our market based (intelligent) pricing and increase usage with resident engagement programs • Track usage, revenue, service, and satisfaction across your portfolio with real -time reporting Service & Management • Receive worry-free service from our certified technicians who receive automated service alerts from remote monitoring • We manage collections, commissions, and refunds, safely and transparently • Never worry about installing, replacing, or relocating machines again Resident Safety & Convenience • Provide in-demand digital features that are no longer just about convenience. These are now about personal safety in today’s world • Features like remote machine availability, touch-less payments and cycle alerts align with social distancing efforts • Offer coin-less & cashless payment options that access mobile wallets including the mobile app and app- less quick pay where you can just tap/scan and get started • Reduce vandalism and increase safety with less cash in the room and more informed residents Financing • Receive unlimited service, parts and machine replacements included in our monthly rate • Establish predictability in managing costs with a fixed monthly rate and no upfront costs • Keep most revenues after costs are covered through our commission plan DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 32240 CSCS W. C OM Technology Enabled Laundry Experiences Changing Environment and Demands Consumer demands have changed and are no longer just about convenience. Residents want to touch less, pay without cash, and have access to real-time information. CSC’s advanced technologies work on just about any machine to deliver safer and smarter laundry room experiences that extend from the laundry room to home and beyond. Artificial Intelligence lets consumers know when rooms are less crowded, machines are available and laundry cycles are complete. How Our Technology Works Inside the Laundry Room Secure payments are easily made by downloading the CSC GO app. Use the full featured app to view your payment and transaction history, request service or a refund and participate in rewards programs. In some configurations, residents without smartphones can use cash, debit or credit to add funds to a CSC Go wallet for faster payments. If residents don’t want to download an app, they can simply TAP or SCAN with a smartphone to use Apple Pay, Google Pay, or a credit/debit card. The in-room system includes an optical sensor that ties with machine data to help interpret traffic patterns as well as room and machine status. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 33241 CSCS W. C OM Most CSC digital laundry accounts receive BASIC access with monthly reporting on revenue, commissions, and service cases. Our PREMIUM dashboard (shown above) gives you access to real-time data on revenue, customer engagement, and case level service with the ability to track by payment type, laundry room, and more. With CSC’s Client Portal, you’ll receive: Easy-to-Use Dashboard Track revenue, commissions, service status, and more through our basic or premium dashboard. 24/7 Data Access Transition from desktop to mobile seamlessly and access data from anywhere at anytime. Real-time Analytics Learn when and where your residents do the most laundry and how they pay for it to make adjustments that increase resident satisfaction while generating more revenue. A Trusted and Secure Platform Access and analyze laundry activity on a secure cloud-based platform. Introducing CSC’s Client DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 34242 CSCS W. C OM CSC Client Insights Portal The BASIC portal option provides you access to monthly reporting on revenue, commissions, and service cases. Our PREMIUM portal gives access to real-time data on revenue, customer engagement, and case-level service with the ability to track by payment type, laundry room, and more. Click here to view Click here to view BASIC Client Portal PREMIUM Client Portal Account Overview and History Secure Cloud Portal Revenue by Month Commissions Paid by Month Service Cases by Month Filter to Specific Accounts Visual Charts for Trend Analysis Engagement Details Revenue by Payment Type - Revenue by Laundry Room - Cycles by Laundry Room - Cycles by Payment Type - Daily & Weekly Data View - App Adoption & Performance - Digital Marketing Events - Service Details Work Orders by Room - Machine History - Work Orders Average Time to Close - Work Orders by Reason Codes - Refund Details - DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 35243 IN-HOME LAUNDRY Increase marketability and value without hassle or expense. Offer reliable and modern machines on terms that work for you—including flexible leases, service agreements, equipment purchasing, or we’ll even buy your current machines. COMMERCIAL LAUNDRY We provide industrial laundry equipment and on-premise laundry services with a full spectrum of support—including site evaluation, analysis, design, financing, engineering, installation, service and more. COMMUNITY LAUNDRY From design to full management, leasing agreements and revenue sharing, we have you covered. Optimize revenue and convenience with real-time data, plus the latest in digital payment and laundry monitoring technology. AIR SERVICES Easy to use state-of- the-art tire inflation and vacuum machines equipped with modern payment technology maximize profitability and customer loyalty. Remote monitoring and best-in-class service make it effortless. 2,300 CSC Team Members Ready to Serve You. Leader DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 36244 Experience Service Beyond the Machine 150,000+ CLIENTS Trust us as their total laundry & air solutions provider 127,000 MULTI-HOUSING COMMUNITIES 22,800 GAS STATIONS AND CONVENIENCE STORES 12,500 RESIDENTIAL 6,700 HOTELS AND RESORTS 4,500 LAUNDROMATS 1,000+ COLLEGES AND UNIVERSITIES STEADFAST SERVICE There’s no good time for downtime. That’s why we enact a robust preventative maintenance program with machine- monitoring to catch issues before they arise. In the event of a problem, our local team and 24/7 Customer Support Center provide responsive service to get your machines back online as quickly as possible. INNOVATIVE PRACTICAL SOLUTIONS We leverage the latest technology to enhance convenience and ease of use for you and your end users. We marry the practical with the progressive, to deliver solutions that make sense for the real world—like machines that automatically send error codes to our technicians, text a user when their laundry is ready, accept mobile payment options, and provide real- time analytics. INVESTED IN YOUR SUCCESS We’re there when you need us, with a local team of tenured professionals ready to assist you with everything from account management to service. And speaking of service, many of our expert technicians are long-time members of the CSC family— so you can feel confident work will be performed by a familiar face looking out for your best interest. DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 37245 Ready for service that works for you? cscsw.com | 844.272.9675 DocuSign Envelope ID: F9F14036-D3BC-4361-B1EA-6CF8FBA491B9 38246 Agreement Professional Services Page 0 Updated 5/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-045 AGREEMENT made this 29th day of May, in the year 2024. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: SGM c/o Chris Lehrman 118 W 6th Street, Suite 200 Glenwood Springs, CO 81601 (970) 945-1004 chrisl@sgm-inc.com For the Following Project: Wrights Road Waterline Replacement Design Services Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: June 11th, 2024 Resolution No.: 065 of 2024 Exhibit A: Scope of Work and Fee Estimate. Exhibit B: Fee Schedule. Total: $135,400.00 DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 8247 Agreement Professional Services Page 1 Updated 5/2024 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2024. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 9248 Agreement Professional Services Page 2 Updated 5/2024 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 10249 Agreement Professional Services Page 3 Updated 5/2024 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 11250 Agreement Professional Services Page 4 Updated 5/2024 shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 12251 Agreement Professional Services Page 5 Updated 5/2024 color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 13252 Agreement Professional Services Page 6 Updated 5/2024 (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 14253 Agreement Professional Services Page 7 Updated 5/2024 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the partie s in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 15254 Agreement Professional Services Page 8 Updated 5/2024 compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). 27. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A and B. 28. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: _____________________________ _______________________________ [Signature] [Signature] By: __________________________ By: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-5/29/2024-M:\city\cityatty\arch\ag1-981.doc DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 Chris Lehrman 5/29/2024 | 2:39:58 PM MDT Principal 16255 May 29, 2024 Ryan Loebach, PE Utilities Senior Project Manager Water Department City of Aspen 427 Rio Grande Place, Aspen, CO 81611 RE: RFP– Wrights Road Water Pipeline Replacement Dear Ryan: SGM is pleased to submit our proposal defining our proposed scope of work for the Wright’s Road Waterline Replacement Project. SGM proposes the following scope of work along with the associated fees: Task: 01 – Existing Conditions Survey The SGM survey team will perform an existing conditions survey locating all visible improvements and located utilities within 5 feet of the edge of asphalt on both sides of the road. SGM will dip the sewer manholes, storm sewer and locate water valve boxes. 02 – Right of Way and Boundary Survey The SGM survey team will perform a detailed record and monument search of Wrights Road and the adjacent parcels. This information will be compiled into a final Right-of-Way and Boundary analysis, that clearly defines right-of- way and boundary lines within the scope of survey, relative to existing conditions, topography, and site utilities. 03 – SUE Investigation SGM’s in-house survey and Subsurface Utility Engineering (SUE) teams will mobilize to prepare the survey and SUE base mapping for the project area. The two internal teams work as a cohesive unit to build accurate representations of surface and subsurface features. Quality Level B and C (QLB, QLC) records will be developed for the existing sewer infrastructure in the area and any other utilities that can be physically located. The survey and SUE teams will coordinate with the City and residents in the project area to minimize traffic impacts and provide road access. 04 – Civil Engineering With the survey and SUE base mapping complete, SGM’s engineers will design the water line replacement. We will provide 30% drawings to the City to review the proposed alignment and construction sequencing. Once the basic alignment is confirmed, SGM will develop a 90% drawing set that adds the level of detail required for construction and review by the City and the relevant stakeholders. Finally, 100% bid drawings will be developed and included in the bid package, incorporating any comments provided during the 90% review phase. www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 Exhibit A: Scope of Work and Fee Estimate DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 17256 05 – Mountain Water Engineers SGM has teamed with Dean Derosier for historical knowledge and QA/QC of the final drawings. Dean will attend project kick off meeting and site visits and provide historical background and recommendations on the waterline replacement. 06 – Potholing Should the need for potholing occur, SGM has included a unit daily price for potholing. The unit price includes hydro vacuuming, traffic control and SGM assistance per Day to obtain 6 potholes. 07 – Title Review Should the need for easement acquisition occur, SGM has included a unit price for the title work that would be required to develop easement exhibits. This would include procurement and review of parcel title work. 08 – Easement Exhibits and Legal Descriptions Should the need for easement acquisition occur, SGM has included a unit price for the preparation of an easement exhibit and legal descriptions. SGM did not include any time for easement negotiations. Fees: TASK CODE DESCRIPTION COMPANY BASE/ADD TOT EST FEE 01 SRV Ex. Conditions Survey SGM BASE $12,000 02 SRV Parcel Boundary Work SGM BASE $12,500 03 SUE SUE Investigation (QLB) SGM BASE $13,400 04 CE Civil Engineering SGM BASE $42,500 05 MWE Historical and QA/QC MWE BASE $5,000 TOTAL ESTIMATED DESIGN FEES $85,400 06 Pothole Daily Potholing Cost (6 holes) SGM / Hydro Sub/Traffic Control 2 Days $26,000 07 Title Searches Title Searches per Property Land Title of Aspen 10 @ $1,200 $12,000 08 Easement Easement Exhibits and Legal Descriptions (Const. & Permanent easements combined) SGM 10 @ $1,200 $12,000 ALLOWANCES $50,000 Recommended CONTRACT TOTAL $135,400 www.sgm-inc.com DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 18257 Thank you for the opportunity to work with the City of Aspen Water Department. If you have any questions, please contact me at: 970.384.9043 / email: chrisl@sgm-inc.com. Sincerely, SGM Chris Lehrman, PE Principal www.sgm-inc.com DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 19258 Fee Schedule January 2024 Hourly Rate* PRINCIPAL ENGINEER ...................................................................................................................................... $240.00 SENIOR ENGINEER III ....................................................................................................................................... $225.00 SENIOR ENGINEER II ........................................................................................................................................ $210.00 SENIOR ENGINEER I ......................................................................................................................................... $190.00 ENGINEER IV ...................................................................................................................................................... $173.00 ENGINEER III ...................................................................................................................................................... $159.00 ENGINEER II ....................................................................................................................................................... $135.00 ENGINEER I ........................................................................................................................................................ $116.00 SENIOR PROJECT MANAGER.......................................................................................................................... $172.00 PROJECT MANAGER ......................................................................................................................................... $160.00 PRINCIPAL CONSULTANT ................................................................................................................................ $239.00 SENIOR CONSULTANT II .................................................................................................................................. $205.00 SENIOR CONSULTANT I ................................................................................................................................... $170.00 CONSULTANT III................................................................................................................................................. $143.00 CONSULTANT II.................................................................................................................................................. $125.00 CONSULTANT I................................................................................................................................................... $112.00 TECHNICIAN III ..................................................................................................................................................... $96.00 TECHNICIAN II ...................................................................................................................................................... $82.00 TECHNICIAN I ....................................................................................................................................................... $69.00 CLERICAL.............................................................................................................................................................. $88.00 SENIOR CADD/GIS ............................................................................................................................................ $160.00 CADD/GIS III ........................................................................................................................................................ $138.00 CADD/GIS II ......................................................................................................................................................... $125.00 CADD/GIS I .......................................................................................................................................................... $102.00 CONSTRUCTION MANAGER ............................................................................................................................ $151.00 CONSTRUCTION TECHNICIAN II ..................................................................................................................... $138.00 CONSTRUCTION TECHNICIAN I ...................................................................................................................... $125.00 PRINCIPAL SURVEYOR .................................................................................................................................... $191.00 LAND SURVEYOR III ......................................................................................................................................... $175.00 LAND SURVEYOR II ........................................................................................................................................... $158.00 LAND SURVEYOR I ............................................................................................................................................ $142.00 SURVEY TECHNICIAN III ................................................................................................................................... $127.00 SURVEY TECHNICIAN II .................................................................................................................................... $114.00 SURVEY TECHNICIAN I ..................................................................................................................................... $103.00 FIELD SURVEY (1-Man Crew)............................................................................................................................ $172.00 FIELD SURVEY (2-Man Crew)............................................................................................................................ $229.00 SUE FIELD PROJECT MANAGER ..................................................................................................................... $208.00 SUE FIELD TECHNICIAN ................................................................................................................................... $144.00 EXPERT TESTIMONY ........................................................................................................................................ $365.00 *There is 10% upcharge to the rates shown for electrical engineering REIMBURSABLES Equipment Rate Vehicle Mileage ........................................................................................................................ Current IRS Standard Mileage Rate ATV / Snowmobile ......................................................................................................................................................... $125.00/day UTV .............................................................................................................................................................................. $250.00/day Flow Tote ....................................................................................................................................................................... $125.00/day Reproduction Black & White Plots ...................................................................................................................................................... $ 5.50/sheet Mylar Plots .................................................................................................................................................................... $19.00/sheet Color Plots .................................................................................................................................................................... $30.00/sheet Photocopies ...................................................................................................................................................................$ 0.25/page Miscellaneous Interest of 1.0% per month will be charged for invoices past 45 days. Exhibit B: Fee Schedule DocuSign Envelope ID: 8BC1D847-6B01-4B77-AF08-EB481E09BC60 20259