HomeMy WebLinkAboutLand Use Case.415 Dean St.A014-01
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CASE NUMBER
PARCEL ID #
. CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A014-01
2737-182-96033
Tippler Townhomes Insubstantial PUD Amendment
535 Dean Street
Sarah Oates
Insubstantial PUD Amendment
Kettle Corporation
Bill Poss & Associates
2/1/01
Approved
2/5/01
J. Lindt
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
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Sarah Oates, Zoning Officer
FROM:
RE:
Tippler Townhomes, 535 Dean Street-Insubstantial Amendment to a
Planned Unit Development
DATE:
December 21, 2000
SUMMARY:
David Ryback of Bill Poss and Associates, representing the Kettle Corporation,
owner, is requesting an insl.lbstantial amendment to an approved Planned Unit
Development (PUD). The following condition was included as part of the
Subdivision Improvements Agreement and Ordinance 6 (Series of 1998):
The Owner shall submit to the Community Development Department
all materials required to carry out a review of the proposed architecture
against the Residential Design Standards in place at such time as the
submittal is received
The applicant is requesting that this condition be amended because the approved
design for the Tipple Townhomes is inconsistent with the current Residential
Design Standards. The design component of the Townhomes was a consideration
during the PUD process, and staff believes the design should be consistent with
the 1998 approvals rather than the existing Residential Design Standards.
Staff has reviewed this proposed amendment and recommends administrative
approval by the Director.
APPLICANT:
Kettle Corporation, Owner.
LOCATION:
535 Dean Street.
ZONING:
L/TR PUD.
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may be approved by the Community
Development Director, pursuant to Section 26.445.100(A).
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STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The approved
and proposed plans are included as Exhibit "B."
RECOMMENDATION:
Staff recommends the Com!l1unity Development Director approve this Insubstantial
PUD Amendment to allow the design to be consistent with the plans approved
through the PUD process rather than require the applicants to comply with the
Residential Design Standards in effect at the time of building permit.
ApPROVAL:
I hereby approve this Insubstantial Amendment to eliminllte the requirement that the
architecture be consistent with the Residential Design Standards in effect at the time
of building permit, and allow the architecture to be generally consistent with the
approved PUD plans.
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. Jul Ann Woods, Community Development Director
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Approved and Proposed Plans for the Tippler Townhomes
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Exhibit A
Review Criteria
Insubstantial PUD Amendment.
1. A change in the use or character of the development.
Staff Finding:
With this proposed amendment, the use and intensity remains the same as approved.
. The change does not alter the character ofthe development, as there will still be a
common open space area.
2. An increase by greater than three (3) percent in the overall coverage of structures on
the land.
Staff Finding:
There will be no change in land coverage with this amendment.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
Staff Finding:
Trip generation and demand for public infrastructure are not affected by this change.
4. A reduction by greater than three (3) percent ofthe approved open space.
Staff Finding:
There is no reduction in open space.
5. A reduction by greater than one (I) percent of the off-street parking and loading
space.
Staff Finding:
The applicant is not requesting an amendment to the existing or required number of
parking spaces.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
Staff Finding:
The applicant is not proposing changes to right-of-way widths.
7. An increase of greater than two (2) percent in the approved gross leasable floor area
of commercial buildings.
Staff Finding:
The square footage of the structure will remain the same with this amendment.
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8. An increase by greater than one (I) percent in the approved residential density ofthe
development.
StaffFinding:
The applicant is not proposing a change in the residential density.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements.
Staff Finding:
The proposed amendment does require an alteration to the dimensional requirements
as established in the PUD.
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SUBDIVISION AGREEMENT
FOR
TIPPLER TOWNHOMES SUBDIVISION
I THIS SUBDIVISION AGREEMENT is made and entered into this .2 S'~ day of
A-/ [<-14?^~./.:::;.,.J , 1998, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation (hereinafter referred to as the "City") and the KETTLE
CORPORATION, a Colorado corporation (hereinafter referred to as the "Owner").
WITNESSETH:
WHEREAS, Owner has submitted to the City for approval, execution and recordation a
Subdivision Plat (hereinafter referred to as the "Subdivision Plat") of a tract ofland situated
within the City of Aspen, Colorado at 535 Dean Street and more particularly described as Lots L,
M, and N, Block 97, Aspen Townsite; Lot I, Tipple Woods Subdivision; and Lot 2, Gannon's
Entry in the NW 1/4 of Section IS, Township 10 S, Range 84 W, of the 6th PM, City of
Aspen, County of Pitkin, State of Colorado, said property being hereafter designated as the
"Tippler Townhomes Subdivision"; and
WHEREAS, pursuant to Resolution 98-06 of the Aspen Planning and Zoning
Commission, City Council Resolution 16 (Series of 1998), and City Council Ordinance No.6
(Series of 1998), the City has fblly considered the Subdivision Plat, the proposed development
and improvement of the lands therein, and the effects of the proposed development and
improvement of said lands on other adjoining or neighboring properties and property owners; and
WHEREAS, under the provisions of Ordinance No 6 (Series of 1998) adopted by the
City Council on May 26, 1998, the City approved the application of the Tippler Townhomes for
Subdivision and imposed certain conditions and requirements in connection with its approval of
the Subdivision and its execution and recordation of the Subdivision Plat, such matters being
necessary to protect, promote and enhance the public welfare; and
WHEREAS. the Owner is willing to acknowledge, accept, abide by and faithfully perform
Ih" "onditions and I "'iUi,,,nl"IllS impos"d by th" City in Upp/llVillg lh" Subdivision und Subdivision
Plat; and
WHEREAS, under the authority of Section 2688.050 of the Aspen Municipal Code, the
City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by
the Owner.
NOW THEREFORE, for and in consideration of the premises, the mutual covenants
herein contained, and the approval. execution and acceptance ofthe Subdivision Plat for
recordation by the City, it is mutually agreed as follows
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A. Subdivision Improvements
I. Prior to issuance of the final Certificate of Occupancy for the residential units that the
Owner intends to build on the Tippler Townhomes Subdivision, the Owner shall and hereby
agrees to accomplish the following subdivision improvements:
(a) Repair and replace any and all paving and improvements on the existing Dean
Street right-of -way damaged by the installation of utilities and services to the Tippler
Townhomes Subdivision.
(b) Remove the existing sign/lamppost for the Italian Caviar from the right-of-way
on Dean Street.
(c) Repair and replace any and all paving and improvements at the entry to the
Tippler Townhomes Subdivision off of South Galena Street damaged during the course of
construction.
(d) Repair and replace any damage done to existing public improvements,
including sidewalks, curb and gutter, pavement, landscaping or existing utilities, during the course
of construction.
2. A construction schedule for the above-described improvements shall be submitted to
the City Engineering Department at the same time that the financial guarantee described in
Sect ion n helow is provided
3. The Owner agrees to submit a detailed landscaping plan to the Community
Development and Parks Departments for review and approval prior to the issuance of a building
permit, and to complete the landscaping depicted thereon as promptly as possible following
completion of the above-described subdivision improvements, but in no event later than one (I)
year after the date of issuance of a Certificate of Occupancy for the residential units. The Owner
reserves the right to plant additional native vegetation within the Subdivision, as the Owner may
consider appropriate from time to time, without further approvals being required.
B. Financial Assurance
In order to ensure construction and installation of the subdivision and landscaping
improvements described in Section A above, and to guarantee 100 percent of the current
estimated cost of such subdivision improvements, and to guarantee 125 percent of the current
estimated cost of such landscaping improvements and of maintaining and replacing the same for a
period of two (2) years after installation, which estimated costs shall be submitted to the City
Engineer for review and approval prior to the issuance of a building permit, the Owner shall
provide to the City a financial guarantee in the form of a cash escrow or an irrevocable sight draft
or letter of credit from a financially responsible lender. Said guarantee shall be delivered to the
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City prior to the issuance of a building permit for the construction of townhomes in the
Subdivision, shall be in a form acceptable to the City Attorney and the City Manager, and shall
give the City the unconditional right, upon any default by the Owner, to withdraw funds as
necessary and upon demand to partially or fully complete and/or pay for any of such
improvements or pay any outstanding bills for work done thereon by any party, with any excess
guarantee amount to be applied first to additional administrative or legal costs associated with any
such default and the repair of any deterioration in improvements already constructed before the
unused remainder, if any, of such guarantee is released to the Owner. Provided, however, that the
Owner shall be given fourteen (14) days written notice of default prior to the City's ability to
make a call under the letter of credit or other guarantee.
As portions of the improvements required are completed, the City Engineer shall inspect
them, and upon approval and written acceptance, he shall authorize the release of the agreed
estimated cost for that portion of the improvements; provide, however, that ten percent (10%) of
the estimated cost shall be withheld until all proposed improvements are completed and approved
by the City Engineer, and with respect to landscaping improvements, an additional twenty-five
percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements
have been maintained in a satisfactory condition for two (2) years.
It is the express understanding of the parties that the procedure set forth in Section D
below pertaining to the procedure for default and amendment of this Subdivision Agreement shall
not be required with respect to the enforcement and implementation of this financial assurance and
guarantee to be provided by the Owner as set forth above and required by Section 26.88.050 of
the Aspen Municipal Code.
C. Additional Requirements and Restrictions
I. Prior to the issuance of any building permits, the Owner shall provide the
Environmental Health Department with: (a) documentation indicating that the Aspen
Consolidated Sanitation District (ACSD) is capable of serving the development; (b) a letter of
agreement from the City of Aspen Water Department indicating that they will serve the
development; (c) a fireplace/woodstove permit; (d) a fugitive dust and erosion control plan
which includes, but is not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, and speed limits or
other measures necessary to prevent windblown dust from crossing the property line or causing a
nuisance; ( e) documentation indicating that a qualified engineering firm has reviewed the parking
structure's ventilation system and found that it is adequate to prevent carbon monoxide from
reaching high levels inside the facility or in the nearby areas outside of it; and, (f) documentation
indicating that the Colorado Department of Health has reviewed and approved the proposed
parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level
standards, and construction shall not occur between the hours of 6 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above-ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised as
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necessary to provide sufficient space (turning radii) to maneuver into and out of the parking
spaces.
4. Prior to the issuance of building permits, the Owner shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and parking.
5. Prior to the issuance of building permits, the Owner shall demonstrate to the City
Water Department's satisfaction how the subject property presently receives water service in
order to plan the service to the new development while maintaining service to the neighboring
buildings
6. A dedicated mechanical space large enough for backflow prevention valves, individual
water metering and valving for each of the proposed eight (8) units, a landscaping/irrigation
system, and a fire sprinkler system is required; this space shall have separate access available to
City Water Department and Fire Department personnel and will not be obstructed by vehicle
parking, other equipment, or the need to pass through another room or space which could impede
access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards
for the existing structure, in the event required by the City Engineer, and for the newly
constructed buildings.
8. The Subdivision Plat shall include explanatory notes fully describing the present status
of the easements encumbering the property including notes and recording citations for easements
which have been extinguished, abandoned or modified; the abutting subdivision and lots will also
be shown on the Subdivision Plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of any Certificates of Occupancy; any
improvements or areas disturbed during construction will be restored to preconstruction condition
or better; and the existing light and sign post at the south side of the driveway onto South Galena
Street will be removed.
10. The Owner shall dedicate Tract 3, a non-contiguous and undevelopable parcel
fronting on South Galena Street, triangular in shape and containing approximately 82 square feet,
to the City as part of the subdivision dedications.
II. The site development must meet the runoff design standards of the Land Use Code at
Section 2688.040(C)(4)(t), and the building permit application must include a drainage mitigation
plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the
State of Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the
site-generated drainage flows; said drainage plan will also need to address the conveyance of the
off-site drainage flows which may pass through the site from the base of the Aspen Mountain ski
area on the eastern side and southeast corner of the property.
12. The property owner is required to join any future improvement districts formed for
the purpose of constructing public improvements which benefit the property under an assessment
formula; the agreement shall be executed and recorded concurrently with the recording of the
Subdivision Plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant
will be required to submit to the Aspen/Pitkin County Information Systems Department as-built
drawings for the project, showing the property lines, building footprint, easements,
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encroachments, entry points for utilities entering the property boundaries and any other
improvements; these drawings shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the
site, parking, or utility plans for this project change subsequent to this approval, a complete set of
the revised plans shall be provided to the Engineering and Community Development Departments
for review and re-evaluation.
15. Prior to the issuance of building permits, the Owner shall submit a traffic and parking
plan acceptable to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring; parking, and
staging areas for the several stages of construction of the project. The Owner shall be required to
rent on-street parking spaces if, due to the construction activities, any such spaces will be
temporarily impacted or unusable for public parking. These plans and permits will also need to be
coordinated with the Rights-of-Way permit for the utility and street frontage work
16. In the event required, the Owner must receive approval from
- The City Engineer for design of improvements, including landscaping, within
public rights-of-way;
- The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
- The Streets Department for mailboxes and street cuts; and,
- The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
17. Prior to obtaining a building or demolition permit, the applicant must have the
existing building tested for asbestos, and if any is present, it must be removed by a licensed
asbestos abatement firm. It is recommended that testing be done well ahead of time so that, if
removal is required, delays will not be experience.
18. In the event required, a tree removal permit must be obtained from the Parks
Department for any tree(s) that is/are to be removed and relocated; also, no excavation can occur
within the dripline of the tree(s) to be preserved and no storage offill material can occur within
this/these dripline(s).
19. Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor
lighting sources, and those fixtures set along walkways will be set at no more than twelve (12)
inches above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the
residential units, the Owner shall pay a cash fee in lieu of School Land Dedication to the City of
Aspen.
21 The proposed plans for the common sanitary sewer service line to the development
will need to be reviewed by the ACSD line superintendent prior to building permit issuance; the
subgrade parking area will be required to have a District-approved oil and sand separator
installed; a shared service line agreement will need to be completed and approved by the ACSD
Board; no clear water connections will be allowed to the public system; the flows collected by
the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and
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inspect the affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit
issuance.
24. The Owner will make the required Park Dedication Impact Fee payment, as
determined by the City Zoning Officer, prior to the issuance of a building permit for the project.
25. The Owner shall submit to the Community Development Department all materials
required to carry out a review of the proposed architecture against the Residential Design
Standards in place at such time as the submittal is received.
26. NI material representations made by the Owner in its application and during public
hearings shall be adhered to and shall be considered conditions of approval, unless otherwise
amended bya Board/Commission having authority to do so
D. Non-Compliance and Request for Amendments
or Extensions by Owner
In the event that the City Council determines that the Owner is not acting in substantial
compliance with the terms of this Subdivision Agreement, the City Council shall notifY the Owner
in writing specifYing the alleged non-compliance and asking that the Owner remedy the alleged
non-compliance within such reasonable time as the City Council may determine, but not less than
thirty (30) days. If the City Council determines that the Owner has not complied within such
time, the City Council may issue and serve upon the Owner a written order specifYing the alleged
non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within
twenty (20) days of the receipt of such order, the Owner may file with the City Council either a
notice advising the City Council that it is in compliance or a written petition requesting a hearing
to determine either one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, and/or
(b) Whether a variance, extension of time or amendment to this Subdivision
Agreement should be granted with respect to any such non-compliance which
is determined to e~ist.
Upon receipt of such a petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and the petition The hearing shall be
convened and conducted pursuant to the procedures normally established by the City Council for
public hearings If the City Council determines by a preponderance of the evidence that a non- .
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval previously granted by the City Council
shall be issued without a finding of the City Council that substantial evidence warrants such action
and affording the Owner a reasonable time to remedy such non-compliance. A final determination
of non-compliance which has not been remedied or for which no variance has been granted may,
at the option of the City Council, and upon written notice to the Owner, terminate any of such
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approvals which are reasonably related to the requirement(s) with which the Owner has failed to
comply. Alternatively, the City Council may grant such variances, extensions oftime or
amendments to this Subdivision Agreement as it may deem appropriate under the circumstances.
In addition to the foregoing, the Owner or its successors or assigns may, on its own
initiative. petition the City Council for a variance, an amendment to this Subdivision Agreement,
or an extension of one or more of the time periods required for performance hereunder. The City
Council may grant such variances, amendments, or extensions of time as it may deem appropriate
under the circumstances. The parties expressly acknowledge and agree that the City Council shall
not unreasonably refuse to extend the time periods for performance if the Owner demonstrates by
a preponderance of the evidence that the reasons for the delay(s) which necessitate said
extension(s) are beyond the control of the Owner, despite good faith efforts on its part to
perform in a timely manner.
E. General Provisions
I. The provisions hereof shall be binding upon and inure to the benefit of the Owner and
the City and their respective successors and assigns.
2. This Subdivision Agreement shall be subject to and construed in accordance with the
laws of the State of Colorado
3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence,
clause, phrase, word, or section of the application thereof in any circumstance is invalidated, such
invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the
application of any such provision, paragraph, sentence, clause, phrase, word or section in any
other circumstance shall not be affected thereby.
4. This Subdivision Agreement contains the entire understanding between the parties
hereto and includes all material representations made by the Owner in its application and during
public hearings with respect to the transactions contemplated hereunder, and may be altered or
amended from time to time only by written instruments executed by all parties hereto.
5. Numerical and title headings contained in this Subdivision Agreement are for
convenience only, and shall not be deemed determinative of the substance contained herein. As
used herein, where the context requires, the use of the singular shall include the plural and the use
of any gender shall include all genders.
6. Upon execution of this Subdivision Agreement by all parties hereto, the City agrees to
approve and execute the Subdivision Plat of the Tippler Townhomes Subdivision, and to accept
the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado,
upon payment of the recordation fee by the Owner.
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7. Notices to be given to the parties to this Subdivision Agreement shall be considered to
be given if hand delivered or if deposited in the United States Mail to the parties by registered or
certified mail at the addresses indicated below, or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
CITY OF ASPEN
City Manger
130 S. Galena Street
Aspen, CO 81611
KETTLE CORPORATION
Attn: Sirous Saghatoleslami, Pres
P.O. Box 8030
Aspen, CO 81612
8. The terms, conditions, provisions and obligations herein contained shall be deemed
covenants that run with and burden the real property more particularly described herein and any
and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit
of and be specifically enforceable by or against the parties hereto, their successors, grantees or
assigns.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals as of the day
and year first written above.
CITY: CITY OF ASPEN,
a municipal corporation
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fohn B:.,nnett, May?t\; , ' Pro. _
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OWNER: KETTLE CORPORATION
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By: .<. _----' i __<.t~(.A/~
/ Sirous Saghatoleslami, President
APPROVED AS TO FORM
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JohlWor ester, City Attorney
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STATE OF COLORADO )
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COUNTY OF PITKIN ) .J)'{ ; i:"1
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The foregoing instrument was acknowledged befoi:e'pi~ithii'~'~ay al1&zfJ7/..-kz...-J
1998, by John Bennett as Mayor and by Kathryn S. Koclya~ Q$'(Cl~r~ qfthe CiWjf4~5e~,
Colorado, a mUnIcIpal corporation.". . ,,! ...l't Gl-~
Witness my hand and official seal
ST A IE OF COLORADO )
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COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 2" ,i day of A/, ~'c/P /){ I:
1998, by Sirous Saghatoleslami as President of the Kettle Corporation, a Colorado corporation.
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~(j'/ '(/1^-_
./Notary Public
Witness my hand and official seal
My commission expires: .C' /1/ /7CCZ
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No~i1ry Public
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