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HomeMy WebLinkAboutagenda.council.regular.20250909.AmendedAGENDA CITY COUNCIL REGULAR MEETING September 9, 2025 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 PC, Mac, iPad, or Android: https://us06web.zoom.us/j/85319270653?pwd=aTF873tRQ5yiF8IOv6dKtV5Tt6zg7r.1 Passcode:81611 Join via audio: +1 719 359 4580 US Webinar ID: 853 1927 0653 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/keygul546 (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 1 1 VI.Consent Calendar VIA.Resolution #125, Series of 2025 - Community Health Services Off-Cycle Grant Request VIB.Draft Minutes of August 26, 2025 VII.Notice of Call-Up VIIA. Notice of Historic Preservation Commission approval of Certificate of Appropriateness for Major Development Plan Conceptual Review: 305 South Mill Street, HPC Resolution #07, Series of 2025 VIII.First Reading of Ordinances IX.Public Hearings IXA.Resolution #118, Series of 2025 - Policy Resolution for Amendments to Special Review, Signs, and Creation of a Fee Deferral and/or Waiver Program X.Action Items XA.Resolution #129, Series of 2025 - Armory Hall Remodel and Reuse: Interior Design Progress XB.Resolution #130, Series of 2025 - City of Aspen / APCHA vs. Centennial Settlement Term Sheet Agreement Comments d) Board Reports (These matters may be adopted together by a single motion) CHS_FundingRecommendation_Memo.pdf Attachment A_Resolution 125 (2).pdf cc.min.082625.docx Notice of Call Up 305 S Mill St Wild Fig Res 07 Series 2025.pdf Exhibit A Wild Fig Architectural Elevations.pdf Exhibit B Resolution 07 Series 2025.pdf Staff Memo_Policy Resolution #118, Series of 2025.pdf Policy Resolution #118, Series of 2025.pdf Memo_Armory Hall Interiors_9.09.25.pdf Exhibit_B_Armory_Hall_Interior_Design_Resolution_2025.09.09 (2).docx Exhibit A_Armory Hall Interiors - Design Progress.pdf Memo re Term Sheet Agreement (9-4-25).docx Resolution #130 (Series of 2025) - Centennial Settlement Term Sheet Agreement.docx Term Sheet (final).pdf Teal Ct Parking Only (6-4-25) Exhibit A - Page 1.pdf Freesilver Ct (6-4-25) (Exhibit A - page 2).pdf Exhibit B Deed Restriction Example (Redacted).pdf 2 2 XI.Executive Session XII.Adjournment Exhibit C Master Deed Restriction.pdf Pursuant to C.R.S. Section 24-6-402(4)(b) Conferences with an attorney for the local public body for purposes of receiving legal advice on specific legal questions; (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations, and instructing negotiators; (4)(f) Personnel The specific items of discussion involve the following: 1. City of Aspen v. 359 Design, LLC 2. Interview with Pete Strecker- finalist for City Manager Position 3. Discussion with negotiators concerning City Manager Contract 3 3 MEMORANDUM TO: Mayor and City Council FROM: John Barker, Strategy & Innovation Director Arielle Lyons, Grants Administrator CC: Ann Mullins, Grants Steering Committee Chair THROUGH: Alissa Farrell, Administrative Services Director MEMO DATE: August 27, 2025 MEETING DATE: September 9, 2025 RE: Resolution No. 125, Series of 2025, approving funding for Community Health Services _____________________________________________________________________ REQUEST OF COUNCIL: Staff is requesting Council consideration and approval of Resolution No. 125, Series of 2025, authorizing $8,091 in emergency grant funding for Community Health Services, Inc. as recommended by the Regional Grantors Collaborative and approved by the Grants Steering Committee. SUMMARY AND BACKGROUND: At the August 11, 2025, work session, Council reviewed and approved an off-cycle funding request from Community Health Services, Inc. (CHS) to address an immediate and significant decrease in funding. Without supplemental funding, CHS will be forced to reduce or suspend essential public health services in Aspen. The total funding request was $90,000 regionally; the city’s share of the emergency funding request is calculated based on historical support of CHS. DISCUSSION: The Regional Grantors Collaborative—established to review emergency funding requests in coordination with regional partners —evaluated the request and recommended that each participating funder contribute based on their proportion of CHS’s total funding. For the City of Aspen, this equates to $8,091, reflecting the percentage of CHS’s total request proportional to the City’s share of CHS annual funding. 4 The Grants Steering Committee endorsed this recommendation following its review. CHS provides essential public health services in Aspen, such as preventative care, mental health, immunizations, and community wellness programs. Council expressed support for meeting this urgent need during the work session; this resolution formalizes that direction to prevent service disruption. FINANCIAL IMPACTS: There is currently an uncommitted balance in the tobacco tax fund of $235,076. If this funding request is approved, this uncommitted balance will be reduced to $226,985. ENVIRONMENTAL IMPACTS: There are no direct environmental impacts associated with this resolution. ALTERNATIVES: During a work session on August 11, council directed staff to fund this request via tobacco tax revenues. However, council may direct staff to fund this request through mayor and council budget, the general fund, or decline to fund the request. RECOMMENDATIONS: Staff recommends approval of Resolution No. 125, Series of 2025, to authorize $8,091 in emergency funding for Community Health Services, Inc., ensuring uninterrupted access to essential public health services for Aspen residents. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A: Resolution #125, Series of 2025 5 RESOLUTION #125 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE RECOMMENDATIONS OF THE REGIONAL GRANTORS COLLABORATIVE AND GRANTS STEERING COMMITTEE TO PROVIDE OFF-CYCLE GRANT FUNDING TO COMMUNITY HEALTH SERVICES, INC. WHEREAS, the Aspen area benefits from nonprofit organizations that provide critical services to residents and visitors; and WHEREAS, the City Council has established a Grants Steering Committee to support the City’s grants program, including off-cycle funding requests; and WHEREAS, the Regional Grantors Collaborative was formed to evaluate off-cycle funding requests in coordination with regional partners; and WHEREAS, the Regional Grantors Collaborative has recommended emergency funding support for Community Health Services, Inc, to ensure the continuation of essential public health services; and WHEREAS, the Grants Steering Committee has reviewed and approved this recommendation; and WHEREAS, City Council has unanimously endorsed this funding request; 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 a one-time funding request in the amount of $8,091 to Community Health Services. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9th day of September 2025. ____________________________________ Rachael Richards, Mayor I, Nicole Henning, duly appointed the 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 September 9, 2025. 6 ____________________________________ Nicole Henning, City Clerk 7 1 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 26, 2025 Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Doyle, Benedetti, Rose, and Guth present. PUBLIC COMMENT: Francis Stuckens – Mr. Stuckens said he is a 39 year resident. He mentioned an article by Mick Ireland about going gonzo regarding the entrance to Aspen. He was just published on Substack for writing an article on being gonzo. He mentioned the young man who was just on the run and arrested for assault and said that wouldn’t happen if we had a cannabis consumption lounge. He also mentioned Yogi’s and why it’s sitting empty right now. He is interested in seeing what they can do there. He loves getting his coffee at the gas station. They changed the cups, and they aren’t recyclable any longer and he doesn’t think this was a good change. COUNCILMEMBER COMMENTS: Councilor Guth said he is hoping that our utilities department is keeping up with the water shortage. Councilor Doyle mentioned a story in the Daily Yonder. He read quotes regarding real estate and construction. It really reflects our local economy at this time along with our traffic. Holy Cross has hit 96% clean energy, and he hopes it does not slow down. Councilor Benedetti mentioned the community picnic a couple of weeks ago and thanked city staff and said it was a lovely community event. Mayor Richards mentioned a meet and greet for the City Manager finalist at the Wheeler. Appetizers and light refreshments will be served. It will be a chance to ask questions and meet Pete and give some feedback for what the city needs at this time. There is an emergency preparedness event coming up on September 22nd from 3:30-5 pm hosted at the fire department. She mentioned seeing some real safety concerns in the west end. There is a third of the traffic leaving town through the west end currently. There will also be a construction and demolition waste diversion workshop on Wednesday of this week at the Pitkin County Library. The Rio Grande Recycling Center will be closed for repaving Monday September 1st – 8th. The Wheeler outreach program has begun, and the season will feature a great number of speakers and artwork so please get your kids involved. There will be a Mactoberfest again on September 6th along with live music and beer provided by the Mutherpuckers. Mayor Richards mentioned that the packet was amended to add an executive session item and was posted online. BOARD REPORTS: Councilor Rose said he had Nordic Council where they discussed the budget for snowmaking at the golf course. Councilor Doyle said he had an APCHA meeting where they discussed an appropriation for a mobile home in Woody Creek and adopted the 2025-26 work plan. He also attended the CAST meeting in Estes Park where they discussed childcare and traffic issues which sounded similar to Aspen. Aspen got a big shout out regarding the Kids First program, the STR program and our plastic bag fee. Mayor Richard attended ACRA this morning and they have passed their audit with flying colors. They are very proud of that. The airport closure came up as it’s on everyone’s minds. It will be closed for nine 8 2 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 26, 2025 months in 2027 so we all need to think about how we will accommodate people coming in from other areas. She was impressed with the membership of CAST and how many towns are now involved. CONSENT CALENDAR: Mayor Richards pulled Resolution #123. She announced the group is asking us for another 200k to purchase the mobile home park. All partners are being asked for this if we choose to amend this. She asked for a motion to approve the rest of Consent besides Resolution #123. Councilor Rose motioned to approve Consent except for Resolution #123; Councilor Benedetti seconded. Councilor Guth asked to speak about Resolution #127. He said he is in support of this but is asking for clarification on lands. He would like to say, “within and surrounding”. We aren’t here to talk about policy on a national level so there are a few things that have nothing to do with Aspen. Mayor Richards said she feels this is in league with other communities facing challenges regarding their public lands. She doesn’t mind going a little broader. She asked Councilor Rose to amend his motion. Councilor Rose agreed to approve Consent without Resolution #127 and #123; Councilor Benedetti seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. Resolution #123, Series of 2025 – Mobile Home Park Preservation Deed Restriction Purchase Mayor Richards asked for a motion to amend the resolution and increase the contribution to three million two hundred thousand dollars. Councilor Rose motioned to amend the resolution raise the funds; Councilor Doyle seconded. Councilor Rose asked if we can afford it and Mr. Strecker said yes. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. Councilor Rose motioned to approve Resolution #123; Councilor Benedetti seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. Resolution #127, Series of 2025 – Public Lands Mayor Richards said she would like to support this as is. Councilor Doyle said he doesn’t see the need to make any changes. It’s super important to keep our national monuments operating as well. Councilor Rose doesn’t mind the broad nature of this resolution. Mayor Richards asked for a motion to approve and add “Aspen and surrounding areas” to paragraph 1 on page 3. Councilor Rose motioned to amend and approve Resolution #127; Councilor Benedetti seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried. PUBLIC HEARINGS: 9 3 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 26, 2025 Ordinance 7, Series of 2025 - Visitor Benefit Tax – Allowable Uses Mr. Strecker introduced the item and said this ordinance will give Council a little more flexibility by adding real estate leasing and acquisition as an allowable use. Public Comment: Jeff Bay – Mr. Bay said he is Vice Chair of ACRA and has been on the board for a decade. ACRA has always appreciated the relationship and partnership with the city. It’s vital. With the redevelopment of the power plant and Armory, it’s proven to be disruptive and challenging. The admin team has done an amazing job dealing with this, but having a permanent location is important. Councilor Rose motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. Councilor Guth said we understand how disruptive these moves have been and want ACRA to have a permanent home. He is also excited about the Armory being completed and wouldn’t have chosen to move ACRA there in the first place. Ordinance #09, Series of 2025 – Charter Amendment to replace gender specific terms with gender neutral terms and setting a ballot question for approval of Ordinance #09 by the Aspen electorate Councilor Rose said this came about because of the old terms in the charter and making things right and setting a good example of where we should have been a long time ago. Mayor Richards thanked him for bringing this forward. City Attorney, Katharine Johnson, clarified that it will be replacing gender specific terms with gender neutral and read the potential ballot language aloud. Mayor Richards opened and closed the public hearing. Councilor Rose motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. ACTION ITEMS: Resolution #124, Series of 2025 – Fee Waiver Request – Affordable Housing Development – 205. W. Main Street Harris Berlinsky approached the dais and said he is representing the ownership. Ben Anderson, Community Development Director, introduced the item. This is a Victorian home that went through a lengthy process at HPC for approval. There are design challenges but it’s a really great project. The stack of review fees can be significant, and the owner has submitted a request for fee waivers. He hasn’t verified the estimates provided by them, but they are probably close to what they would be. Some requests are valid and some are inappropriate. Mr. Berlinsky said he is the Managing Director of Haymax. They own the Mollie Hotel. If approved, Mollie employees will live one block away from where they work. It’s 100% affordable housing and complies with the land use code, and there are no variances from the code. 10 4 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 26, 2025 Councilor Benedetti said she supports the five proposed waivers. Councilor Rose said he also supports the five which are listed. Mayor Richards said she is supportive of the five items. Councilor Rose motioned to approve with the following fees waived in addition to ones that will be waived as a matter of standard practice: erosion & sediment review, parks impact, transportation demand management air quality, water utility investment charge, electric community investment fee, and potentially backfilling the water utility and electric by the general fund; Councilor Guth seconded. Council held a long discussion. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. Councilor Guth made a supplemental motion to include up to 100% waiver of these fees outside of code in addition to what is already allowed in the code: water utility hook up charge, electrical transformer, parking construction fees not to exceed $72,000. There was no second to the motion. Councilor Rose said he feels bad but it’s the first of this kind for him. It’s tough. EXECUTIVE SESSION: Ms. Johnson introduced the item for discussion. Councilor Rose motioned to move into Executive Session; Councilor Doyle seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried at 6:51 p.m. ______________________ City Clerk, Nicole Henning 11 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Dan Folke, Planning Director THROUGH: Ben Anderson, Community Development Director Gillian White, Historic Preservation Officer MEMO DATE: August 27, 2025 MEETING DATE: September 9, 2025 RE: Notice of HPC approval of Certificate of Appropriateness for Major Development Plan Conceptual Review: 305 South Mill Street, HPC Resolution #07, Series of 2025 _____________________________________________________________________ BACKGROUND: The Historic Preservation Commission (HPC) reviewed and approved a request for a Certificate of Appropriateness for Major Development Conceptual Review at a hearing on July 9, 2025. The request for the property located at 305 S. Mill Street, also known as the Wild Fig restaurant, is to enclose the existing outdoor seating areas including new roofs and alterations to existing fenestration (doors & windows), exterior materials and forms. Additional reviews as part of the Major Development Plan included Conceptual Commercial Design Review, Mountain View Plane, Growth Management Quota System, Transportation and Parking. The building at 305 S. Mill St. was constructed around 1960 and is located within the Commercial Core Historic District, the Commercial Core (CC) zone district, and the foreground of the Wheeler Opera House View Plane. The property also abuts the Aspen Pedestrian Mall and is directly across from the Wheeler Opera House, both individually designated historic properties. ACTION TAKEN BY HPC: The Historic Preservation Commission (HPC) approved the request 4-0 with following mitigation requirements: 12 1. Offsetting the transportation impact (5.6 additional trips) of the increase to net leasable space by making a $33,600 contribution to WE-Cycle; 2. Providing 413 square feet of on-site Pedestrian Amenity space and $109,462.65 cash-in lieu of 1,095 square feet of Pedestrian Amenity; 3. Increasing solid waste capacity by 3.5 cubic yards, including the addition of cardboard recycling shelves and a 1.5-cubic-yard dumpster for trash, to serve the project. And the following conditions: 1. The height of the proposed enclosed pergola, including the louvered roof, must not exceed 11 feet 2 inches; 2. No new addition or roof north of the arch may exceed 12 feet in height; 3. The HPC shall review materials during Major Development and Commercial Design Final Design Reviews; 4. The HPC shall review exterior lights during Major Development and Commercial Design – Final Design Reviews; 5. For HPC review during Major Development and Commercial Design – Final Design Reviews, the proposed project must satisfy its parking requirement (1.3634 parking spaces) by providing off-street parking, shared parking spaces, cash-in-lieu payment, additional mobility measures, or a combination thereof; and 6. Based on evaluation during approval, the project shall mitigate for 4.14 full-time equivalents (FTEs) (6.40798 FTEs at the commercial mitigation rate of 65%) generated by the 1,363.4-square-foot increase of net leasable area by providing affordable housing, with calculations finalized during building permit review. PROCESS: For this application, City Council may vote to Call Up the project at their September 9, 2025 or September 23, 2025 meeting. If City Council decides to exercise the Call Up provision, it will be placed on the October 14, 2025 City Council regular agenda for discussion. If City Council does not exercise the Call Up provision, the HPC Resolution shall stand, and the applicant will move forward with an application for Final Major Development Review, which will be considered by the Historic Preservation Commission. 13 If you have any questions about the project, please contact Dan Folke, Planning Director, 970-404-9200 or daniel.folke@aspen.gov RECOMMENDATION: Staff recommends City Council uphold the decision of HPC and not utilize call up on this project approval. ATTACHMENTS: Exhibit A: Existing and Proposed Architectural Elevations Exhibit B: HPC Resolution 07 Series 2025 14 K J H G F E D C B A T.O. ML FIN +100'-0" U.S.G.S. 7918.60' T.O. TRELLIS +110'-6" T.O. EXISTING PARAPET +113-4-1/2"13'-4 1/2" VIF10'-6" VIFSIDEWALK HYMAN ST. 307 S. MILL ST. 305 S. MILL ST. STAIRS TO LOWER LEVEL COPPER TO REMAIN EXISTING STUCCOEXISTING STUCCO EXISTING WOOD TRELLIS 6 5 4 3 2 1 T.O. ML FIN +100'-0" U.S.G.S. 7918.60' T.O. TRELLIS +110'-6" T.O. EXISTING PARAPET +113-4-1/2"10'-6" VIF2'-10 1/2" VIFPEDESTRIAN MALL COPPER TO REMAIN EXISTING STUCCOEXISTING STUCCOEXISTING STUCCO EXISTING WOOD PANELS 0 2 4 8 Scale: 1/4" = 1'-0" EXISITNG NORTH ELEVATION 1/4" = 1'-0" 2 A-201X EXISTING EAST ELEVATION 1/4" = 1'-0" 1 A-201X PROJECT SCALE 1/4" = 1'-0" 24013.00 A-201X EXISTING EXTERIOR ELEVATIONS COPYRIGHT 2024 THUNDERBOWL ARCHITECTS305 S MILL ST. ASPEN, CO 81611PARCEL ID #273718220003WILD FIGCTHUNDERBOWLARCHITECTSTHUNDERBOWL ARCHITECTS 300 S. SPRING ST. SUITE 201 ASPEN, CO 81611 (970) 710-2938 DATE -- ALL ROOF PITCHES SHALL BE AS SHOWN ON THE ROOF PLAN. VERIFY FRAMING HEIGHTS FOR WINDOWS AND DOORS WITH SELECTED MANUFACTURERS ROUGH OPENING SPECIFICATIONS. ALL DOWNSPOUTS TO BE TIED INTO PERIMETER DRAIN SYSTEM IF EXISTING OR PROPOSED - UNLESS NOTED OTHERWISE. CONTRACTOR TO VERIFY ALL DOWNSPOUT LOCATIONS. CONTRACTOR SHALL VERIFY ALL EXTERIOR MATERIALS, FINISHES, AND COLORS WITH THE OWNER AND THE ARCHITECT PRIOR TO INSTALLATION OR APPLICATION. IF PROVIDED, SEE ENLARGED WALL SECTIONS FOR TYPICAL EXTERIOR ASSEMBLIES. 1. 2. 3. 4. 5. ELEVATION / SECTION GENERAL NOTESExhibit A 15 K J H G F E D C B A T.O. ML FIN +100'-0" U.S.G.S. 7918.60' T.O. LOUVER TRELLIS +111'-2" T.O. EXISTING PARAPET +113-4-1/2" T.O. PROPOSED ROOF +112"-0"12'-0" VIF1'-4 1/2" VIF11'-2 3/8" VIFPROPOSED LOUVER SYSTEM ABOVE TRELLIS PROPOSED RAISED ROOF OVER ENTRY PROPOSED RAISED ROOF TO MATCH ENTRY METAL CAP, MATCH EXISTING EXTERIOR METAL FINISH SHIELDED GLOBE LIGHTS, USE APPROVED GLOBE LIGHTS ON ALL PROPOSED LOCATIONS ALUMINUM CLAD WINDOW, WINDOW TO BE DARK BRONZE OR BLACK METAL CURB NEW BRICK PLANTER, MATCH EXISTING BRICK STAIRS TO LOWER LEVEL METAL FACADE STEEL FASCIA, USE EXPOSED RIVETS FOR ATTACHMENT EXISTING STUCCO TO REMAIN, PAINT COLOR TBD RETRACTABLE AWNING SIGNAGE SWING DOOR METAL PANEL WITH RECESSES PANELS, COLORS TO BE DARK BRONZE OR BLACK WRAP EXISTING COLUMNS WITH METAL PANELS OPERABLE WINDOWS TO ALLOW FOR OPEN PATIO RETRACTABLE AWNINGS NOT TO EXCEED 3' OVER PROPERTY LINE METAL FASCIA WITH EXPOSED RIVITS 3'-0" METAL FACADEMETAL FACADE COPPER ARCH TO REMAIN 1'-6"6 5 4 3 2 1 T.O. ML FIN +100'-0" U.S.G.S. 7918.60' T.O. TRELLIS +111'-2" T.O. EXISTING PARAPET +113-4-1/2"10'-6" VIF2'-2 1/2" VIFPROPOSED LOUVER SYSTEM ABOVE TRELLIS PROPOSED RAISED ROOF OVER ENTRY HORIZONTAL WOOD SIDING DOOR TO WALK-IN COOLER C-CHANNEL FASCIA 8'-2"PEDESTRIAN MALL RETRACTABLE AWNINGS, NOT TO EXCEED 3' OVER PROPERTY LINE 3'-0" AWNING OVER ENTRY NEW GLOBE LIGHTS TO MATCH EXISTING APPROVED GLOBE LIGHTS PROPOSED LOCATION OF FUTURE POPCORN WAGON METAL PANEL WITH RECESSES PANELS, COLORS TO BE DARK BRONZE OR BLACK OPERABLE WINDOWS TO ALLOW FOR OPEN PATIO EXISTING STUCCO TO REMAIN, PAINT COLOR TBD T.O. ROOF +111'-2" 0 2 4 8 Scale: 1/4" = 1'-0" PROPOSED NORTH ELEVATION 1/4" = 1'-0" 2 A-201 PROPOSED EAST ELEVATION 1/4" = 1'-0" 1 A-201 PROJECT SCALE 1/4" = 1'-0" 24013.00 A-201 PROPOSED EXTERIOR ELEVATIONS COPYRIGHT 2024 THUNDERBOWL ARCHITECTS305 S MILL ST. ASPEN, CO 81611PARCEL ID #273718220003WILD FIGCTHUNDERBOWLARCHITECTSTHUNDERBOWL ARCHITECTS 300 S. SPRING ST. SUITE 201 ASPEN, CO 81611 (970) 710-2938 DATE -- ALL ROOF PITCHES SHALL BE AS SHOWN ON THE ROOF PLAN. VERIFY FRAMING HEIGHTS FOR WINDOWS AND DOORS WITH SELECTED MANUFACTURERS ROUGH OPENING SPECIFICATIONS. ALL DOWNSPOUTS TO BE TIED INTO PERIMETER DRAIN SYSTEM IF EXISTING OR PROPOSED - UNLESS NOTED OTHERWISE. CONTRACTOR TO VERIFY ALL DOWNSPOUT LOCATIONS. CONTRACTOR SHALL VERIFY ALL EXTERIOR MATERIALS, FINISHES, AND COLORS WITH THE OWNER AND THE ARCHITECT PRIOR TO INSTALLATION OR APPLICATION. IF PROVIDED, SEE ENLARGED WALL SECTIONS FOR TYPICAL EXTERIOR ASSEMBLIES. 1. 2. 3. 4. 5. ELEVATION / SECTION GENERAL NOTES 16 K J H G F E D C B A T.O. ML FIN +100'-0" U.S.G.S. 7918.60'12'-0" VIF1'-4 1/2" VIF3'-0" T.O. EXISTING PARAPET 307 SPACE +113-4-1/2" T.O. PROPOSED ROOF +112"-0"T.O. EXISTING TRELLIS +110'-6" T.O. LOUVER +111'-2" K J H G F E D C B A T.O. ML FIN +100'-0" U.S.G.S. 7918.60' T.O. EXISTING TRELLIS +110'-6" T.O. EXISTING PARAPET 307 SPACE +113-4-1/2" T.O. PROPOSED ROOF +112"-0"12'-0" VIF1'-4 1/2" VIFT.O. LOUVER +111'-2" 7924.9 VIEW PLANE LIMIT VIEW PLANE ORIGIN 7916.85'-6"305 PARAPET SIGHT LINE 1'-4 1/2" VIF305 SPACE307 SPACE 305 COVERED PATIO 0 2 4 8 Scale: 3/16"=1'-0" PROPOSED VIEW PLANE 3/16" = 1'-0" 1 Z-004 PROJECT SCALE 3/16" = 1'-0" 24013.00 Z-004 VIEW PLANE COPYRIGHT 2024 THUNDERBOWL ARCHITECTS305 S MILL ST. ASPEN, CO 81611PARCEL ID #273718220003WILD FIGCTHUNDERBOWLARCHITECTSTHUNDERBOWL ARCHITECTS 300 S. SPRING ST. SUITE 201 ASPEN, CO 81611 (970) 710-2938 DATE -- ALL ROOF PITCHES SHALL BE AS SHOWN ON THE ROOF PLAN. VERIFY FRAMING HEIGHTS FOR WINDOWS AND DOORS WITH SELECTED MANUFACTURERS ROUGH OPENING SPECIFICATIONS. ALL DOWNSPOUTS TO BE TIED INTO PERIMETER DRAIN SYSTEM IF EXISTING OR PROPOSED - UNLESS NOTED OTHERWISE. CONTRACTOR TO VERIFY ALL DOWNSPOUT LOCATIONS. CONTRACTOR SHALL VERIFY ALL EXTERIOR MATERIALS, FINISHES, AND COLORS WITH THE OWNER AND THE ARCHITECT PRIOR TO INSTALLATION OR APPLICATION. IF PROVIDED, SEE ENLARGED WALL SECTIONS FOR TYPICAL EXTERIOR ASSEMBLIES. 1. 2. 3. 4. 5. ELEVATION / SECTION GENERAL NOTES PROPOSED MATERIAL IMAGERY 3/16" = 1'-0" 2 Z-004 17 111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 711529, R: $43.001 D: $0.00 DOC CODE: RESOLUTION Pg 1 of 7, 08/29/2025 at 02:19:19 PM RESOLUTION #07, Ingrid K. Grueter, Pitkin County, CO SERIES OF 2025) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING WITH CONDITIONS COMMERCIAL DESIGN REVIEW — CONCEPTUAL DESIGN, HISTORIC PRESERVATION MAJOR DEVELOPMENT — CONCEPTUAL DEVELOPMENT PLAN REVIEW, DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS — MOUNTAIN VIEW PLANE REVIEW, GROWTH MANAGEMENT QUOTA SYSTEM, AND TRANSPORTATION AND PARKING MANAGEMENT — SPECIAL REVIEW FOR THE PROPERTY LOCATED AT 305 SOUTH MILL STREET, LEGALLY DESCRIBED AS LOTS H AND I, BLOCK 829 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 273 5-182-20-003 WHEREAS, the Community Development Department received an application from, 305-7 Mill St., LLC (applicant), represented by Garrett Larimer of Kraemer Land Planning, for the following land use review approvals: Commercial Design Review —Conceptual Design, pursuant to City of Aspen Land Use Code Section 26.412.040(b); Historic Preservation Major Development —Conceptual Development Plan Review, pursuant to City of Aspen Land Use Code Section 26.415.070(d)(3); Development in Environmentally Sensitive Areas -Mountain View Plane Review, pursuant to City of Aspen Land Use Code Section 26.435.050(fl; Growth Management Quota System (GMQS), pursuant to City of Aspen Land Use Code Section 26.470.060(b); and Transportation and Parking Management —Special Review, pursuant to City of Aspen Land Use Code Section Section 26.515.080; and WHEREAS, the Community Development Department received referral comments from the City of Aspen Engineering Department, Building Division, and Zoning Division; and WHEREAS, pursuant to Chapter 26.304.060(b)(1) —Common Development Review Procedures —Combined Reviews, the procedures for reviewing required development approvals have been combined into a conceptual review by the HPC during a duly noticed public hearing after considering the application, recommendations by Community Development Department staff, and referral agencies; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable code sections, standards, and guidelines, and, finding it mostly consistent therewith, recommended approval of the application with conditions; and WHEREAS, at a duly noticed public meeting on July 9th 2025, the HPC reviewed the project, including the application, staff memo, and public comments, and voted 4 to 0 in support of a motion to approve the application with conditions; HPC Resolution #07, Series of 2025 Page 1 of 3 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION THAT: Section 1: Approval: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby approves the Commercial Design Review — Conceptual Design, Historic Preservation Major Development Conceptual Development Plan Review, Development in Environmentally Sensitive Areas Mountain View Plane Review, Growth Management Quota System, and Transportation and Parking Management — Special Review for the purposes of enclosing the southeast courtyard, the northeast pergola, the space between the pergola and the arch on the east side of the building, and the back -of -house area toward the northwest comer of the property to create interior space; erecting a roof over the northwest comer of the property; and altering existing fenestration, material, and forms at the property located at 305 South Mill Street, Lots H and 1, Block 82, City and Townsite of Aspen, Pitkin County, Colorado, including the following.- * 1. Offsetting the transportation impact (5.6 additional trips) of the increase to net leasable space by making a $33,600 contribution to WE -Cycle; 2. Providing 413 square feet of on -site Pedestrian Amenity space and $109,462.65 cash -in - lieu of 1,095 square feet of Pedestrian Amenity; 3. Increasing solid waste capacity by 3.5 cubic yards, including the addition of cardboard recycling shelves and a 1.5-cubic-yard dumpster for trash, to serve the project. With the following conditions: 1. The height of the proposed enclosed pergola, including the louvered roof, must not exceed 11 feet 2 inches; 2. No new addition or roof north of the arch may exceed 12 feet in height; 3. The HPC shall review materials during Major Development and Commercial Design Final Design Reviews; 4. The HPC shall review exterior lights during Major Development and Commercial Design — Final Design Reviews; 5. For HPC review during Major Development and Commercial Design — Final Design Reviews, the proposed project must satisfy its parking requirement (1.3 634 parking spaces) by providing off-street parking, shared parking spaces, cash -in -lieu payment, additional mobility measures, or a combination thereof-, and 6. The project must mitigate for 4.14 full-time equivalents (FTEs) (6.40798 FTEs at the commercial mitigation rate of 65%) generated by the 1,363.4-square-foot increase of net leasable area by providing affordable housing, with minor adjustments to be negotiated at building permit submission. HPC Resolution #07,, Series of 2025 Page 2 of 3 19 Section 2: 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 3: Existinst Litization This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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. APPROVED BY THE COMMISSION at its regular meeting on the 9th day of July 2025. Ap roved as to Form: uisa Be e, Assistant City Attorney ATTEST: i Sear, Deputy City Clerk Approved as to Content: Kim Raymond, HVC Vice Chair HPC Resolution #07, Series of 2025 Page 3 of 3 20 21 22 p 9 u 0 o0 z 0 ci COOOZZ8[LCLZ# (11 19D"dVd L L 9 L 8 OD 'N 3d SV 'iS IIIW S 9 OC oij (Illm LDZ Z 8/1 Fq ez L*, .9*,Lt C> C% O) LL, t !2 L" 2 0 U- 0 0 ch:f co z to O 23 24 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Ben Anderson, Director, Community Development Haley Hart, Long-Range Planner MEMO DATE: September 2, 2025 MEETING DATE: September 9, 2025 RE: Policy Resolution #118, Series of 2025 Amendments to the Land Use Code Related to: • Review standards for Special Review (26.430.040) • Signs (26.510) • Creation of a Fee Deferral and/or Waiver Program REQUEST OF COUNCIL: Resolution #118, Series of 2025 would give formal policy direction to Community Development staff to pursue potential Land Use Code Amendments related to the following two sections of the Land Use Code, Review standards for Special Review (26.430.040) and Signs (26.510), and other sections as needed for further coordination of the creation of a Fee Deferral and/or Waiver Program. Following public outreach including review and recommendation by P&Z and HP, final approval of any amendments to the Land Use Code will return to Council via the Ordinance process. Staff recommends that Council approve Resolution #118, Series of 2025. SUMMARY AND BACKGROUND: Community Development has four separate Land Use Code (LUC) amendment projects within this Policy Resolution for Council to consider. Two of the amendments have been initiated by Council (residential signs and the creation of a Fee Deferral and/or Waiver Program). The third and fourth topics have been initiated by staff due to the need for further clarity and refinement of the Review Criteria for the Nonconformities Special Review section and an interdepartmental working group on the relocation of right-of-way signage across Main Street and on Main Street’s lamp posts. Special Review - Nonconformities The Community Development Department frequently reviews plans for residential and commercial projects that involve one or more dimensional nonconformities. While the intention and desired outcomes of the provisions related to non-conforming structures in the LUC is clear (“It is the intent of this Chapter to permit nonconformities to continue, but 25 Page 2 of 6 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution not to allow nonconformities to be enlarged or expanded.”), the Community Development Department acknowledges that the code also emphasizes, and desires, continued use and extended lifespan for existing structures. There are many situations where an owner with a nonconformity may request to maintain the nonconformity. The Land Use Code requires applicants to meet two separate sections of review criteria to continue use of a nonconformity: Sec. 26.312.030. - Non-conforming structures and Sec. 26.430.040. - Review standards for special review. Examples of this situation include: 1. Demolition: When a property is an existing nonconformity (be it setback, floor area, site coverage, setbacks etc.) and proposes significant redevelopment that involves crossing the threshold for demolition (40%), the owner may request to maintain the nonconformity. 2. Redevelopment: If the non-conformity (be it setback, floor area, site coverage, setbacks etc.) is desired to be continued following redevelopment (below 40% threshold) and it meets the definition of destruction, Special Review is necessary. Development subject to Special Review shall be permitted unless the Planning and Zoning Commission determines that the proposed development complies with all standards and requirements set forth in Section 26.430.040 – Review Standards for special review. There are a number of variables in these scenarios that need to be evaluated on a case-by-case, and project-by-project basis for conformance with the Non-Conformities chapter intent. This is the majority of what staff reviews and brings in front of the Planning and Zoning Commission. a. Destruction. To remove, disassemble, tear down or destroy portions of a building or structure where the proposed scope does not exceed the forty (40) Demolition threshold as defined by Section 26.580, Demolition. The following review criteria must be met to continue the nonconformity for both of the above examples above per Sec. 26.430.040. - Review standards for special review: (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. 26 Page 3 of 6 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: (1) The proposed development shall comply with the conditions of Section 26.430.040(a) above; (2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. While staff find it fully appropriate and code consistent to subject non-conforming properties to Special Review as described above, new criteria need to be established for projects that are not crossing the demolition threshold but are adding gross floor area (as done through using floor area emptions such as garage, sub-grade, and deck exemptions), thus enlarging the home overall. This would give additional discretion to staff in forming a recommendation and the Planning and Zoning Commission in making a decision on a project. Two recent cases that have been before Planning and Zoning Commission provide examples of projects that were making significant modifications and additions to subgrade areas and were reducing but not eliminating floor area non-conformities (as gross floor area is not a dimensional standard taken into consideration) – and are evidence of the need for this code change. Both projects involved significant redesign with floor area being moved from sub grade to above grade and vice versa in complex application of code provisions for floor area calculation. Ultimately, both projects were reducing non-conformities and were coming further into compliance with code. However, due to the presence of review criterion #4 (Section 26.430.040.(b).4), staff recommended denial as the hardship threshold could not be met. Planning and Zoning Commission approved both projects but not before both staff, applicants, and the commission navigated the uncertainties of the review. Admittedly, this is an area that needs improvement in the code, but in staff’s view does not undermine the fundamental role of Special Review as described above. Staff has conducted research on other nonconformity language and finds there is suitable direction for proposed updates that do not use a subjectivity to determine if a hardship is met. 27 Page 4 of 6 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution Signs The second and third of the four proposed amendments are related to signs. Residential Signs Per Section 26.510.010 – Purpose, the City of Aspen’s sign regulations are intended to: • Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. • Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. • Enable the identification of places of residence and business through an appropriate balance of signage and community aesthetics. • Allow for the communication of information necessary for non-commercial and commercial purposes. • Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. • Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. • Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. The City of Aspen’s sign code has no provision of regulating or restricting sign content or messaging outside of threats to the public health, safety and general welfare as protected by the First Amendment to the United States Constitution or Article II, Section 10 of the Colorado Constitution and are prohibited. The City’s sign code is mainly for the regulation of commercial signage and does not specifically call out single-family residential or duplex yard signage outside of temporary signs and yard signs. The following two sub-sections within Section 26.510.040 – Signs not requiring a permit, are the only two components of the sign code that speak to residential yard signage allowance: 1. Temporary signs. This sub-section allows by-right a temporary sign to be displayed of any message on any property from April 1 through June 15 and October 1 through November 15. It specifies there shall be no more than three (3) additional temporary signs not to exceed six (6) square feet each during the time period. 2. Yard signs. This sub-section allows for yard signs to be displayed by-right for no more than twice per year per dwelling unit for a period not to exceed three (3) days. Yard signs shall not exceed 4 feet in height or four (4) square feet in sign area, 28 Page 5 of 6 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution shall not be located in any right-of-way, and shall not be illuminated. Yard signs must be removed at the conclusion of the time periods listed above. Outside of the sign code, the sole additional allowance into the front yard of residential property per Section 26.575.020(5).c includes: 3. Artwork, sculpture, and seasonal displays. Staff will recommend that Council either maintain the current sign code as is or choose to not regulate any type of signage on residential property as it relates to time, place, and manner. Banners and Flags on Main Street Light Posts and Signs Across Main Street at Third Street Sign Code Staff requests Council consideration to relocate two specific sections within Section 26.510.120. - Policies regarding signage on public property. Collaboration between the Engineering team and Community Development team have found it appropriate to relocate Section 26.510.120(c) - Banners and Flags on Main Street Light Posts and Section 26.510.120(f) - Signs Across Main Street at Third Street Sign Code to the Engineering Code as these two sign types are within the ROW. Engineering and Utilities have direct oversight on the process and procedure for these ROW signs and have identified this relocation as a necessary step to ensure further coordination with CDOT. Fee Deferral and/or Waiver Program Staff received direction from City Council on May 27, 2025, during the review of a Land Use Case for 790 Castle Creek Drive to pursue creation of a fee deferral and/or waiver program. In the 790 Castle Creek Drive Land Use Application, the Applicants’ representative requested consideration of waivers of building permit fees and impact fees. There are three examples in current code and ordinances that may be used to guide the conversation of developing a new program with Council. First, currently for free-market residence, there is one avenue for the deferral of affordable housing mitigation. The request to defer the payment of affordable housing mitigation is allowed so long as there is a full-time resident in the home – meaning the affordable housing mitigation would transfer with the property sale or deed, if that new owner is not living and working full time in Aspen, or if the property becomes deed restricted. No additional fees are allowed to be waived in this scenario. Second, the Municipal Code also allows for a waiver of specific building permit related fees if the property is 100% deed restricted. The Municipal Code has set precedent for a 100% waiver of these fees because of the community benefit it brings in preserving housing at an affordable rate. The following fees may be waived in this scenario: 29 Page 6 of 6 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution • Building • Engineering • Parks and tree removal • Zoning • Utility plan review fees, • Construction mitigation plan review • Aspen energy code payment • GIS Fees that are unable to be waived include: • Utility tap fees • Sanitation • Use Tax Deposits – both City and County (based on valuation) • REMP (if applicable) • Impact fees o School Lands o Parks (can be waived with Council action) o TDM (can be waived with Council action) The second set of fees above do not have a path within the Municipal code (except for the TDM and Parks Impact Fees) to be waived due to a few different factors. The third program in the City’s history that has allowed fee waivers, and a rebate program, is set forth in Ordinance #15, Series of 2015 which created the Small Lodge Preservation Program. The fee waiver was seen as a mechanism to support the continued operation of small lodges over time. A fee waiver in this program requires an agreement to retain lodge operation over time. Staff will develop a set of choices for Council to consider. STAFF DISCUSSION: Staff recommends that Council approve Resolution #118, Series of 2025 to pursue a Policy Resolution. Staff will then pursue discussions with Council on possible code updates as individual topics. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: Council could decide not to pursue any or all of the possible code amendments at this time. RECOMMENDATIONS: Staff recommends approval of Resolution #118, Series of 2025. CITY MANAGER COMMENTS: 30 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution Page 1 of 3 RESOLUTION #118 SERIES OF 2025 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE RELATED TO REVIEW STANDARDS FOR SPECIAL REVIEW OF A NONCONFORMITY, SIGNS, AND THE CREATION OF A FEE DEFERRAL AND/OR WAIVER PROGRAM WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate the process of amending the City of Aspen Land Use Code; and, WHEREAS, Review standards for special review (26.430.040), Signs (26.510), and other sections of the Land Use Code as necessary for coordination for the purpose of a Fee Deferral and/or Waiver program will be proposed for amendments; and, WHEREAS, pursuant to Section 26.310.020(A), the Community Development Director recommends Council consider amending Section 26.430.040. - Review standards for special review and provide greater clarity for both staff and the Planning and Zoning Commission when considering hardships in response to Review Criteria per Section 26.430.040.(b).4; and, WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from Council to pursue amendments to the Sign Code (Chapter 26.510) specific to residential yard signs; and, WHEREAS, pursuant to Section 26.310.020(A), the Community Development Director recommends Council consider relocating Section 26.510.120(c) - Banners and Flags on Main Street Light Posts and Section 26.510.120(f) - Signs Across Main Street at Third Street Sign Code to the Engineering code as these two sign types are within the right- of-way; and, WHEREAS, pursuant to Section 26.310.020(A), during the review of 790 Castle Creek Drive Land Use Application on May 27, 2025, City Council directed staff to pursue creation of a fee deferral and/or waiver program; and, WHEREAS, amending the Land Use Code as described below will ensure the ongoing effectiveness, coordination, and viability of the regulations within the City of Aspen Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on September 9, 2025, the City Council approved Resolution #118, Series of 2025, by a XX to XX (X-X) vote, requesting a code amendment to the Land Use Code; and, 31 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution Page 2 of 3 WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department, following approval of this Policy Resolution will conduct a limited public outreach effort to inform the public, property owners, and members of the development community; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Section 26.430.040. - Review standards for special review City Council approves the following objectives for a possible code amendment as it related to nonconformities: 1. Bring clarity to the criteria as outlined in Review Criteria Section 26.430.040.(b).4 - Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Section 2: Signs (26.510) City Council approves the following objectives for a possible code amendment: 1. Consider topics identified by Staff and Council to further regulate or not regulate residential yard signs. 2. Relocate right-of-way signage, Banners and Flags on Main Street Light Posts and Signs Across Main Street at Third Street, to a more appropriate location with the Engineering code. Section 3: Creation of a Fee Deferral and/or Waiver Program City Council approves the following objectives for a possible code amendment: 1. Hold further discussions on the creation of a program for fee deferral and/or waiver program when redeveloping residential property for both deed restricted and non-deed restricted units. Section 4: 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: 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 32 Resolution #118, Series of 2025 Land Use Code Amendments Policy Resolution Page 3 of 3 be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 9th day of September, 2025 ______________________________________ Rachael Richards, Mayor ATTEST: APPROVED AS TO FORM: _______________________ ________________________ Nicole Henning, City Clerk Katharine Johnson, City Attorney 33 Page 1 of 7 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Jen Phelan, Development Manager THROUGH: Tyler Christoff, Public Works Director and Rob Schober, Capital Asset Director MEMO DATE: August 29, 2025 MEETING DATE: September 9, 2025 RE: Armory Hall Remodel & Reuse: Interior Design Progress _____________________________________________________________________ REQUEST OF COUNCIL: Staff requests confirmation of the interior design progress that has been made in order to continue advancement of the interiors portion of Armory Hall in a timely manner. SUMMARY AND BACKGROUND: At the May 28, 2024 work session with City Council, a draft operating budget for the adaptive reuse of Armory Hall was reviewed. Based on the projected revenue, the operator consultants recommended that Armory Hall be leased to an operator in a turnkey fashion as the modest estimated profit would not induce a lessee to invest in the building’s finishes. As a result of the work session, City Council approved a change order (Resolution No. 19, Series of 2025) with CCY Architects on February 11, 2025, adding interior design services as part of their scope of services. Once the change order was executed, the design team began developing a concept for Armory Hall, as well as an initial ‘Look and Feel’ related to materials palette, design continuity, and ‘vibe’ for the building. Following is a summary of the progress. Interiors Concept. Originally intended to serve as an armory and a meeting hall for fraternal organizations, Armory Hall eventually became a community gathering space with a mix of programming over time. Continuing in this tradition, the revitalized building will offer casual dining, games and gathering spaces. The concept anticipates respecting the building’s character “while introducing a fresh and lively atmosphere” and reflect an “eclectic nature” by “bringing together seemingly disparate elements in a way that feels unified and thoughtfully curated.” This concept will be expressed through the interior ‘Look and Feel’ or ‘Vibe’ created through the materials palette. 34 Page 2 of 7 Figure 1: Mood Images : Interior Look and Feel. The material palette will focus on a “balanced and timeless aesthetic”. It will be “grounded in a spectrum of earthy tones, warm ochres, rich browns, and muted greens”, while texture will focus on visual appeal and material richness: weathered woods, honed stone and aged metals. While the palette relates to the building’s age and historic roots, contemporary detailing will ensure a relevant, forward- looking design. Figure 2: Character and Palette 35 Page 3 of 7 Although each space may have its own identity, for example, each kitchen will contain distinct signage and different furniture choices will be located on individual floors, certain materials used throughout the building will create continuity and be cohesive. Additionally, lighting choices will assist in the perception of lower perceived height in areas with higher ceilings and encourage a sense of intimacy. Seating will be a mix of lounge and dining style options, provided on all levels above grade. Durable materials such as leather, performance velvet, wood, and steel are anticipated, with finish details to provide a handcrafted feel. The lower level community room is anticipated to be developed with natural materials and a neutral palette that can accommodate different types of events and meetings. Figure 3: Lower Level Community Room The main level ‘lunch counter’ reduces the prominence of liquor service and is anticipated to also provide coffee service. Each kitchen will be individually identifiable using signage and changes in counter elevation to differentiate the kitchens kitchen, lighting and materials to differentiate each restaurant space but also have a throughline that contributes to the overall cohesiveness of the building. 36 Page 4 of 7 Figure 4: Main Level Lunch Counter and Kitchens The mezzanine will contain a variety of seating options, games, and digital entertainment streaming. Upon further consideration, the design team is focusing on a design solution where all of the space is open and useable, rather than with the ability to be partitioned off with a panel system. This allows more integration of the entire mezzanine and more games. A ‘velvet rope system’ could be used for partitioning of part of the space if desired. 37 Page 5 of 7 Figure 5: Mezzanine Level Figure 6: Upper Level The upper level, provides a refined space that is anchored by the primary beverage service with a semi-transparent wall behind it. This will assist in defining the space, while still maintaining sightlines. 38 Page 6 of 7 Design vs. Branding. Design and branding are distinct aspects associated with the project, although there is some commonality between them. Design will include interior fixed finishes as well as Furniture, Fixtures, and Equipment (FF&E) - items that are not permanently attached in place, such as furniture and lighting. Branding, provides a visual identity for a business. This can include logo, color palette, typography, graphics and imagery that are incorporated into the marketing of the brand via signage, website development, wayfinding and menus. DISCUSSION: To continue moving the project forward, the city project manager and the design team seek confirmation of the interiors design direction. Once confirmed by a majority of Council, the consultant team will continue to progress and finalize the interior fixed finishes and FF&E in anticipation of the construction start. Likewise, the city project manager would also like to confirm that the expectations around design and branding are acceptable to Council. Interior Design. The project team is focusing on developing an interior that respects the existing character of the building, while developing an inviting setting that is fresh and lively. As mentioned in the previous Summary and Background, the design team’s goal is to create a cohesive palette that results in a timeless aesthetic. 1) Staff would like to confirm that design concept and progress is acceptable. Secondly, the design removes a space on the mezzanine that can be portioned by a moveable wall system but would still be dividable through a ‘velvet rope’ approach. 2) Staff would like to confirm that removal of the partitionable space through a panel system is also acceptable. Branding. The project team anticipates developing an interiors package that will appeal to a broad range of potential building operators. Once an operator is on board, it is anticipated that the operator will heavily influence the branding of the project. The operator will also have input on the FF&E package, but to a lesser degree. As the asset is owned by the city, the city will own the interiors and should be the primary decision maker. 3) As the owner of the asset, staff would like to confirm that City Council and the project team will predominantly drive the development of interiors and FF&E, while branding will be more heavily influenced by the operator. Ongoing Progress. A number of project items are currently being progressed. An RFP for a construction manager as advisor (CMa) has been issued. Any future contract will likely need City Council approval. Also, an operator RFP is being developed and is anticipated to be issued by the end of the month. Any potential operator will need Council approval. The design team is progressing construction drawings for building permit submission, while discussing with the building department how to submit a permit application. 39 Page 7 of 7 FINANCIAL IMPACTS: Spending authority for the interiors work was approved with the consultant change order contract with CCY Architects. No spending authority has been approved for the remodel of the building and interiors package but will be discussed during the annual budget review. ENVIRONMENTAL IMPACTS: As the project is in the design phase, no environmental impacts are occurring; however, the design is considering the minimization of the building’s environmental footprint as it is progressed. ALTERNATIVES: RECOMMENDATIONS: Staff request confirmation of the questions posed within the memo. INTERIM CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Armory Hall Interiors – Design Progress, 9.02.25 Exhibit B: Draft Resolution No. 129 (Series of 2025) 40 Resolution 129-2025 Page 1 of 2 RESOLUTION # 129 (SERIES OF 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DIRECTING THE INTERIM CITY MANAGER WITH REGARD TO THE INTERIOR DESIGN ASSOCIATED WITH THE REMODEL AND REUSE PLAN FOR ARMORY HALL (130 S. GALENA ST.) WHEREAS, the city is planning for the future remodel and reuse of the former city hall (AKA the Armory) building; and, WHEREAS, city staff and applicant team seek confirmation of the interior design progress that CCY Architects has made up to the September 9, 2025, City Council meeting; and, WHEREAS, City Council reviewed the interiors package produced by CCY Architects dated September 2, 2025; and, WHEREAS, this Resolution confirms support of the design concept and material palette package provided to the Interim City Manager for advancing the interior design as it relates to the remodel and reuse plans for the Armory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Confirmation of the Design Package: City Council supports the progress made regarding the design concept and material palette as shown in the renderings provided in the interiors package dated September 2, 2025, and specifically confirms: 1. The mezzanine design can be advanced without a panel system to partition some of that level. 2. The city, as owner, will be the primary decision maker in developing the interiors of Armory Hall, while branding will be more heavily influenced by an operator. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 9th day of September 2025 ______________________________________ Rachel Richards, Mayor 41 Resolution 129-2025 Page 2 of 2 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, September 9, 2025. ____________________________________ Nicole Henning, City Clerk 42 ASPEN, CO ASPEN ARMORY - DESIGN PROGRESS 2025.09.02 43 2025.09.02ASPEN ARMORY 02 MOOD BOARD CONCEPT The Aspen Armory has long served as a cornerstone of the community. Originally intended to practice and show off routines and drills, but soon after becoming a fraternity hall, the space has long been a place of celebration, connection, and shared experiences. The revitalized Armory will continue this tradition, offering casual dining, games, and community gatherings in a vibrant, welcoming, and family friendly environment. Designed to honor its historic character while introducing a fresh and lively atmosphere, the space will be a dynamic and inviting setting that resonates with all who visit, reinforcing the Armory’s role as an essential part of Aspen’s community life. Aspen is a collection of locals and visitors from around the globe, each bringing unique backgrounds and perspectives. Despite their varied differences, they are united in shared values, common passions, and a profound respect for the character and spirit of the Roaring Fork Valley, fostering a strong sense of community and connection. The design of the armory will reflect the eclectic nature that is Aspen. This idea celebrates contrast and cohesion, bringing together seemingly disparate elements in a way that feels unified and thoughtfully curated. 44 2025.09.02ASPEN ARMORY 03 CHARACTER & PALETTE INTERIOR CHARACTER | MATERIALS PALETTE The proposed material palette draws inspiration from the building’s historic roots while embracing a contemporary sensibility, resulting in a balanced and timeless aesthetic. Grounded in a spectrum of earthy tones, warm ochres, rich browns, and muted greens, the palette evokes a sense of familiarity with nature, representing a major characteristic of Aspen and surrounding areas. Texture plays a central role, with materials selected not only for their visual appeal but also for their tactile richness. Weathered woods, honed stone and aged metals contribute to a layered, sensory experience that invites interaction. Subtle nods to the building’s heritage are woven throughout with reclaimed elements, traditional joinery, and finishes with a gently worn patina. At the same time, clean lines, thoughtful proportions, and contemporary detailing ensure the overall design feels fresh, relevant, and forward-looking. 45 2025.09.02ASPEN ARMORY 04 MAIN LEVEL PLAN • MAIN LEVEL - APPROX. 90 TOTAL SEATS • ~62 DINING SEATS • ~10 LUNCH COUNTER SEATS • 2 ADA LUNCH COUNTER SEATS • ~16 LOUNGE SEATS FLOOR PLANS | SEAT COUNT 46 2025.09.02ASPEN ARMORY 05 MAIN LEVEL - EAST ENTRY 47 2025.09.02ASPEN ARMORY 06 MAIN LEVEL - LUNCH COUNTER 48 2025.09.02ASPEN ARMORY 07 MAIN LEVEL KITCHENS 2 & 3 49 2025.09.02ASPEN ARMORY 08 MEZZANINE PLAN • MEZZANINE - APPROX. 53 TOTAL SEATS • 35 DINING SEATS • 18 LOUNGE SEATS FLOOR PLANS | SEAT COUNT 50 2025.09.02ASPEN ARMORY 09 MEZZANINE TO UPPER LEVEL 51 2025.09.02ASPEN ARMORY 10 UPPER LEVEL PLAN • UPPER LEVEL - APPROX. 116 TOTAL SEATS • 80 DINING SEATS • 9 BAR SEATS • 2 ADA BAR SEATS • 25 LOUNGE SEATS FLOOR PLANS | SEAT COUNT 52 2025.09.02ASPEN ARMORY 11 UPPER LEVEL KITCHENS 4 & 5 53 2025.09.02ASPEN ARMORY 12 UPPER LEVEL BAR & DINING 54 2025.09.02ASPEN ARMORY 13 LOWER LEVEL PLAN • LOWER LEVEL - APPROX. 80-90 PEOPLE • MEETING ROOM OR LECTURE - 80-90 • BANQUET - 80 PEOPLE FLOOR PLANS | SEAT COUNT 55 2025.09.02ASPEN ARMORY 14 LOWER LEVEL 56 MEMORANDUM TO: MAYOR and COUNCIL MEMBERS FROM: James R. True, Special Counsel DATE: September 5, 2025 MEETING DATE: September 9, 2025 RE: City of Aspen/APCHA v. Centennial Settlement Term Sheet Agreement REQUEST OF COUNCIL: The City Attorney’s Office, Josh Marks, outside counsel hired by CIRSA on behalf of the City and APCHA, and the City Manager are requesting approval of the Settlement Term Sheet Agreement between the City of Aspen and APCHA and Centennial Owners Association. SUMMARY / BACKGROUND: After years of litigation and discussions with the representatives of the Centennial Owners Association (hereinafter “Centennial”), Centennial, the City and APCHA have reached a preliminary agreement that will allow the City to the purchase approximately two acres of land owned by Centennial that will be banked by the City for future affordably housing development and will allow Centennial to proceed with final repairs that are believed needed on their property. This term sheet requires Council and APCHA approval. Centennial Owners Association has already approved the term sheet agreement and has executed a copy thereof. A copy of the term sheet agreement, reflecting Centennial’s approval, together with Exhibits A-C are attached. Exhibit D contains personal information and has been withheld from publication at this time. CURRENT STATUS: Litigation that was commence in 2016 has been on hold recently pending the negotiations that have resulted in the Settlement Term Sheet Agreement that is attached. If this Settlement Term Sheet Agreement is not approved by one of the parties, then litigation will be reactivated. If it is approved by all three parties, the parties will prepare final agreements and proceed with actions set forth in the Agreement. RECOMMENDED ACTION: The City Attorney’s Office, Josh Marks, outside counsel hired by CIRSA, and the City Manager recommend approval of Resolution #130, Series of 2025, which resolution approves the attached Settlement Term Sheet Agreement and authorizes the Mayor to execute such agreement. 57 RESOLUTION #130 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CITY OF ASPEN/APCHA V. CENTENNIAL SETTLEMENT TERM SHEET AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID SETTLEMENT TERM SHEET AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Term Sheet Agreement by and between the City of Aspen and Aspen Pitkin County Housing Authority (APCHA), and the Centennial Owners Association, 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 Settlement Term Sheet Agreement by and between the City of Aspen and Aspen Pitkin County Housing Authority, and the Centennial Owners Association, a copy of which is annexed hereto and incorporated herein, and authorizes the Mayor of the City Aspen to execute such agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9th day of September 2025. Rachel Richards, 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 on the 9th day of September 2025. Nicole Henning, City Clerk 58 1   City of Aspen/APCHA v. Centennial SeƩlement Term  Sheet Agreement  1. The City and/or APCHA shall purchase two parcels totaling approximately 2.25 acres of land (as  depicted on aƩached Parcel Map, Exhibit A) from Centennial for $7,529,530.  The City will  conduct a formal survey to definiƟvely measure the acreage of the parcels and to establish legal  descripƟons for the parcels.  The purchase price will not change in the event that the survey  changes the total acreage to be purchased.      2. Centennial agrees to devote the purchase proceeds to complete repairs outlined in the Building  Science CorporaƟon report Ɵtled Building Enclosure InvesƟgaƟon and Analysis, dated July 22,  2010 and the Charles Taylor  Engineers’ Opinion of Cost to Repair dated October 14, 2024 and  revised January 29, 2025.   The parƟes seƩlement agreement and release  will set forth, at a  minimum, the scope of work, the Ɵme frame for construcƟon and repairs, the hiring of an  owner’s representaƟve to review and approve the contract for construcƟon or repair of the  premises, payments to such contractor and standard procedures for construcƟon.      3. In the event that funds paid by the City of Aspen, and/or APCHA ($7,529,530), as set forth in  paragraph one, above, shall exceed the cost of repairs completed pursuant to paragraph two,  above, the balance of funds shall be placed in a capitol reserve account and shall be restricted to  future repairs to the porƟons of buildings that are common elements, for repairs to the  structures and building envelopes for life safety, and livability. None of these funds shall be  distributed directly or indirectly to any individual or individuals and such funds shall not be used  to enrich the owners or make finish upgrades in the private dwelling units. These funds shall be  held in escrow and drawn only to pay for costs described above. All accounƟng of these  expenditures shall be transparent and available for review by representaƟves of Aspen Pitkin  County Housing Authority (APCHA).    4. The land purchased pursuant to purchase and sale agreement will not be developed while any of  the current owners own and occupy their units or forty years from the date of the acquisiƟon of  the property by the City, whichever is earlier. Development shall not occur unƟl the last current  owner has ceased to occupy their home or such owner or owners have waived the right to this  limitaƟon.  Centennial and the City will enter into a lease‐back arrangement that allows  Centennial conƟnued use of the conveyed parcels and requires that Centennial adequately  maintain those parcels for their current uses. The City agrees to not uƟlize the conveyed parcels  for purposes other than planning its contemplated development for the parcels.    5. The City and its representaƟves may iniƟate subdivision and land use applicaƟons for  development of this property in the interim. Centennial agrees that as an organizaƟon, it will  not, formally or informally, object to such future development proposals on the Property  requested by the City and the HOA will encourage its individual owners not to oppose these  applicaƟons.    6. In the event that the sums paid pursuant to paragraph one, above, are not sufficient to complete  the repairs outlined in Paragraph 2 above, the Centennial HOA shall contribute the remaining  amount necessary to complete repairs. Centennial has full discreƟon on how it shall fund any  59 2   shorƞall to complete repairs so long as the funding mechanism is not intenƟonally structured to  disproporƟonately defer repayments to future unit owners,  By way of example, Centennial  agrees that it would not create an assessment that would start or increase five years in the  future or obtain an interest only repayment obligaƟon with a future balloon payment.    7. The value of the property to be conveyed  will be confirmed by a professional appraisal or  opinion of value, recognizing the difficulty of valuing land for affordable housing development.  The selecƟon and costs of the survey and  appraisal work  will be the responsibility of the City.    8. The obligaƟons of the City and Centennial set forth herein are conƟngent on the approval of a  final SeƩlement Agreement and Purchase and Sale Agreement in a public meeƟng by the Aspen  City Council aŌer review of the appraisal.    9. Centennial unit owners that are subject to APCHA deed restricƟons with the same of similar  expiraƟon terms set forth in Exhibit B agree to execute the most current form of APCHA deed  restricƟons for their unit set forth in Exhibit C. A non‐exclusive list of unit owners covered by this  term is set forth in Exhibit D.  The updated deed restricƟons will be executed by the closing date  of the parcel conveyance in paragraph 1.     10. The current City Council for the City represents that it has no interest in exercising its power of  condemnaƟon on the Centennial property.    11. The final SeƩlement Agreement will include standard waiver of claim and covenant to not sue  provisions that require that the Centennial HOA waive claims on behalf of its unit owners for the  maƩers and claims set forth in the various filed complaints in Case No. 2016CV30158 as well as  any claims that could have been asserted arising out of the physical defects of the Centennial  HOA units and common areas.    12. This Term  Sheet Agreement must be approved by the Aspen City Council and by the Centennial  HOA.    13. AŌer approval, these  terms will be incorporated into subsequent real estate contracts, deeds  and a subsequent seƩlement agreement.     60 3   CENTENNIAL OWNERS ASSOCIATION ___________________________________ By: _______________________________ Its Chairman of the Board of Managers APPROVED AS TO FORM: FOSTER GRAHAM MILSTEIN & CALISHER LLP s/ John A. Chanin _________________________________ John A. Chanin 360 S. Garfield Street, Suite 600 Denver, CO 80209 Phone: (303) 333-9810 Fax: (303) 333-9786 jchanin@fostergraham.com Attorney for Plaintiff The Centennial Owners’ Association CITY OF ASPEN _____________________________________ By: _________________________________ Mayor ASPEN PITKIN COUNTY HOUSING AUTHORITY _____________________________________ By: _________________________________ Its Chairperson of the Board of Directors APPROVED AS TO FORM: BERG HILL GREENLEAF RUSCITTI LLP s/ Josh A. Marks _________________________________ Josh A. Marks 1712 Pearl Street Boulder, CO 80302 Phone: (303) 402-1600 Fax: (303) 402-1601 jam@bhgrlaw.com Attorney for Defendants Aspen Pitkin County Housing Authority and the City of Aspen       61 62 EXHIBIT A63 EXHIBIT A 64 EXHIBIT B 65 EXHIBIT B 66 EXHIBIT B 67 EXHIBIT B 68 EXHIBIT B 69 Page 1 of 17 DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF PROJECT NAME/ADDRESS THIS DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF PROJECT NAME/ADDRESS (the "Agreement") is made and entered into this _____ day of _______________ 2025, by OWNER’S NAMES/DECLARANT’S NAMES (hereinafter referred to as "Owner"), for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi- jurisdictional Housing Authority established pursuant to the INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY ESTABLISHING THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated May 13, 2019 and recorded at Reception No. 656927 on June 27, 2019, of the records of the Pitkin County Clerk and Recorder's Office. W I T N E S S E T H: WHEREAS, Owner/Declarant owns the real property described in Exhibit "A" attached hereto and incorporated herein. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements, and fixtures associated therewith shall hereinafter be referred to as the "Property" or “unit” as the context requires. WHEREAS, Owner/Declarant agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers," as that term is defined in this Agreement, who fall within the Category __ income range established by the APCHA from time to time in its Aspen/Pitkin Employee Housing Regulations (hereinafter the “Regulations”). In addition, the Owner/Declarant agrees that this Agreement shall constitute a resale agreement setting forth the maximum resale price for which the Property or the Units may be sold ("Maximum Resale Price") and the terms and provisions controlling the resale of the Property or the Units. Finally, by this Agreement, Owner restricts the Property and the Units against use and occupancy inconsistent with this Agreement. WHEREAS, an “Owner/Declarant" is the person or persons who owns the property at the time of this Agreement and who hereby adopts and enters into this Agreement with APCHA voluntarily. WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Regulations, or its substitute, as adopted by the APCHA, or its successor, and in effect at the time of the closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property or Unit as their sole place of residence, not to engage in any business activity on the Property, other than that permitted in that zone district or by applicable ordinance, not to sell or otherwise transfer the Property or Unit for use in a trade or business; and to continue meeting the employment, residency and other requirements as stated in this Agreement, and as stated in the Regulations as they are amended from time to time. Qualified Buyers require the prior approval of APCHA. WHEREAS, an "Owner" is a person or persons, approved by APCHA, who is/are a Qualified Buyer who acquires an ownership interest in the Property or Unit in compliance with the terms and provisions of this Agreement, it being understood that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her, or their ownership interest in the Property or Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. EXHIBIT C 70 Page 2 of 17 WHEREAS, this document supersedes any previous deed restriction agreement for occupancy and resale associated with this Property or the Units. WHEREAS, a "Unit" or units is the unit(s) located at ADDRESS, Aspen, Colorado 81611, and further described in Exhibit “A”. NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby acknowledged, Owner hereby represents, covenants, and agrees as follows: 1. The above Recitals are incorporated herein as requirements of this Agreement. They are applicable to both parties and enforceable in the same manner as any provisions of this Agreement. INTENT OF THE PROGRAM 2. The Intent of the Program is as follows:  The affordable housing program was created in support of all of those who invest their time and energy for the betterment of the Aspen community;  The limit on appreciation of the Unit is what helps to sustain the affordable housing program over the long term;  Owners of deed restricted units are responsible for the maintenance of the unit/home;  The rate of appreciation is intended to support the homeowner in addressing maintenance costs; and  At no time is the owner guaranteed to receive the maximum sales price upon selling the property. USE AND OCCUPANCY 3. The use and occupancy of the Property or the Units shall henceforth be limited exclusively to housing for natural persons who meet and continue to meet for the entire period of ownership the definition of Qualified Buyers, Owners, and their families, and the other requirements of this Agreement and the Regulations referred to above, and as they are amended from time to time. REQUIREMENTS 4. An Owner, in connection with the purchase of this Property or Unit, must:  occupy the Unit or Property as his or her sole place of residence during the time that such Property or Unit is owned;  not own, directly or indirectly through a legal entity, any interest alone or in conjunction with others, in any developed, residential property within the Ownership Exclusion Zone (OEZ), or dwelling units in accordance with the limitations established by the Regulations as amended from time to time (said prohibition of owning other property within the OEZ applies equally to the Owner’s spouse or any member of the Owner’s household);  not engage in any business activity on or in such Property or Unit, other than permitted in that zone district or by applicable ordinance;  sell or otherwise transfer such Property or Unit only in accordance with this Agreement and the Regulations; EXHIBIT C 71 Page 3 of 17  not sell or otherwise transfer such Property or Unit for use in a trade or business;  not encumber the Property or Unit with debt in any form which exceeds, at any time, the Maximum Resale Price of the Property or Unit as determined in accordance with Paragraph 14 and 15 of this Agreement;  not permit any use or occupancy of such Property or Unit except in compliance with this Agreement;  continue to meet the residence and employment requirements of a Qualified Buyer and Owner established by the Regulations and as they are amended from time to time;  continue to meet the other requirements of the applicable Regulations as they are amended from time to time; and  provide APCHA with information in accordance with paragraph 7 below. Recertification of employment, residency, the continued non-ownership of other property, and compliance with the other requirements of this paragraph and this Agreement shall be required as stipulated in the Regulations. DEFAULT ON LOAN 5. a. It shall be a breach of this Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a deed of trust encumbering the Property or a Unit or to breach any of Owner’s duties or obligations under said deed of trust. It shall also be a breach of this Agreement for Owner to default in the payment of real property taxes or obligations to the Homeowners’ Association for general or special assessments. Owner must notify the APCHA, in writing, of any such default, including notification received from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a deed of trust, as described herein, or of any breach of any of Owner’s duties or obligations under said deed of trust, within five calendar days of Owner's notification from lender, or its assigns, or any other creditor specified herein, of said default or past due payments or breach. b. Upon notification of a default as provided above, the APCHA may offer loan counseling or distressed loan services to the Owner, if any of these services are available, and is entitled to require the Owner to sell the Property or Unit to avoid the commencement of any foreclosure proceeding against the Unit. c. Upon receipt of notice as provided in paragraphs 5a and b, the APCHA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to APCHA for past due payments made by the APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1%), and all actual expenses of the APCHA incurred in curing the default. The Owner shall be required by APCHA to execute a promissory note secured by deed of trust encumbering the Property or Unit in favor of the APCHA for the amounts expended by the APCHA as specified herein, including future advances made for such purposes. The Owner may cure the default and satisfy its obligation to the APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the APCHA. Otherwise, Owner's indebtedness to the APCHA shall be satisfied from the Owner's proceeds at closing. d. In addition, upon receipt of notice as provided in Paragraphs 5a and 5b, the APCHA shall have the option, exercisable in the APCHA’s sole discretion, to purchase Owner’s Property or Unit for ninety- five percent (95%) of the Maximum Resale Price. If APCHA desires to exercise said option, it shall give written notice thereof to the Owner within forty-five (45) days following the APCHA’s receipt EXHIBIT C 72 Page 4 of 17 of the notice as provided in Paragraphs 5a and 5b. In the event the APCHA timely exercises said option, the closing of the purchase of the Property or Unit shall occur within forty-five (45) days following the date of the APCHA’s notice to the Owner of the exercise of said option. 6. It shall be a violation of the Agreement for the Owner to default in the payment of general or special assessments to the applicable Homeowner’s Association, and such person shall be subject to enforcement as provided herein. In addition, upon sale of a Property or Unit as to which the payment of such obligations is in default at the time of sale, the assessments shall be paid at closing by Owner. REFINANCING 7. At any time Owner requests to refinance said Property or obtain a home equity loan, Owner must contact APCHA for approval prior to completion of the refinance/home equity loan. If an appraiser contacts APCHA for a valuation, this also will constitute notification to APCHA pertaining to a refinance request. APCHA’s review and approval is for the purpose of ensuring compliance with paragraph 4 above. ENFORCEMENT 8. Owner agrees to provide, upon request of APCHA, all documents and information necessary for APCHA to establish continued compliance with this Agreement and with the Regulations, as amended from time to time. Documents may include but not be limited to: Federal and State Income Tax Returns, W2’s, 1099’s, bank and credit card statements, and invoices for utility payments. APCHA shall maintain the confidentiality of financial information as provided by law. 9. If the APCHA determines that sale of the Property or Unit is necessary because of any breach of this Agreement, Owner shall immediately execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA, providing for a 180-day listing period. At that time, the Owner shall deposit with the APCHA an amount equal to one percent (1%) of the estimated value of the Property or Unit. Unless the Notice of Violation is overturned on appeal, the appreciation of the Property or Unit will terminate from the date that the violation occurred (said date shall not necessarily be the same time the Notice of Violation was sent to the Owner). Unless APCHA exercises its option to purchase the Unit, in accordance with paragraph 11 below, the APCHA shall promptly advertise the Property or Unit for sale by competitive bid to Qualified Buyers. If a sales contract has not been executed within the initial 180-day period, Owner shall extend the listing period for additional 180-day periods until the execution of sales contract. At the time of closing, the Owner shall pay to the APCHA an additional fee as stated in the Regulations in effect at the time of sale. a. APCHA is entitled to require the Owner to accept the highest of any qualified bids that equal to the lesser of (i) the Maximum Resale Price (as hereinafter defined); or (ii) an amount that has been adjusted and described in b. below. At no time may the sales price exceed the Maximum Sales Price established in this deed restriction. b. If the Unit has not sold within the initial 180-day listing period, the Owner will be bound by the following: EXHIBIT C 73 Page 5 of 17  Owner must accept any pending offer, or offer made during the next 180-day period referred to above, from an APCHA-qualified buyer for at least ninety-five percent (95%) of the maximum sales price;  If no such offer is made within the second listing period, the Owner must accept any valid offer received during the third listing period from an APCHA-approved Qualified Buyer at or above ninety percent (90%) of the maximum sales price made within the next 30-day period;  For each additional listing period that the home has not gone under contract, the bid price that must be accepted will be decreased by an additional five percent (5%) of the maximum sales price. Listing and sale of the Property or Unit shall be subject to such listing, sales and other fees and expenses as may be imposed by the APCHA from time to time as set forth in the Regulations, and as they are amended from time to time. AGREEMENT RUNS WITH THE LAND 10. This Agreement shall constitute covenants running with the Property and/or Unit, as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the City Council for the City (the "City Council"), the Board of County Commissioners for the County (referred to herein as the “BOCC” or the "County"), and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. VOLUNTARY SALE 11. If an Owner desires to voluntarily sell the Property or Unit, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 180-day listing period, or such other time as required by the Regulations in effect at time of listing. The APCHA shall promptly advertise the Property or Unit for sale by competitive bid to Qualified Buyers. The listing and sale of the Property or Unit shall be subject to such listing, sales and other fees and expenses as may be imposed by the APCHA from time to time as set forth in the Regulations. APCHA’S RIGHT TO ACQUISITION 12. Notwithstanding any provision herein to the contrary, the APCHA shall have the right, in its sole discretion, (i) to acquire the Property or Unit for resale thereof to a Qualified Buyer; (ii) following its acquisition of the Property or Unit, to repair, replace, redevelop, remove and maintain such Property or Unit prior to resale to a Qualified Buyer; and/or (iii) amend this Deed Restriction Agreement following the acquisition. Upon purchase by APCHA, the price at which the Property or Unit is subsequently sold to a Qualified Buyer shall be determined by APCHA. MAXIMUM RESALE PRICE 13. In no event shall the Property or Unit be sold for an amount ("Maximum Resale Price") more than: EXHIBIT C 74 Page 6 of 17 a. $, plus an increase of three percent (3%) of such price per year to the date of Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part of a year), and based on the purchase price (simple not compounded); or b. an amount (based upon the Consumer Price Index, All Items, U.S. City Average, Urban Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on the Settlement Statement, multiplied by the Consumer Price Index current at the date of intent to sell. In no event, shall the multiplier be less than one (1). For purposes of this Agreement, "date of intent to sell" shall be the date of execution of a listing contract when required by this agreement, or if a listing contract is not otherwise necessary, the date shall be determined to be the date upon which a requirement for the Owner to sell is first applicable. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE APCHA OR THE CITY/COUNTY THAT ON RESALE THE OWNER SHALL OBTAIN THE MAXIMUM RESALE PRICE. 14. a. Subject to the limitations of this Section, for the purpose of determining the Maximum Resale Price in accordance with this Section, the Owner may add to the amount specified in Paragraph 13 above, the cost of approved and Permitted Capital Improvements (hereinafter “PCI”), as set forth in Exhibit "B" attached hereto or otherwise allowed by the Regulations, and as they are amended from time to time, in a total amount not to exceed $, which is ten percent (10%) of the maximum sales purchase price set forth in paragraph 10a above. In calculating such amount, only those PCIs identified in Exhibit "B" hereto or otherwise allowed by the Regulations from time to time shall qualify for inclusion. All such PCIs installed or constructed during Owner’s ownership of the Property or Unit shall qualify and will be depreciated based on the Depreciation Schedule used by APCHA at the time of listing. b. PCIs shall not include any changes or additions to the Property or Unit made by the Owner during construction or two years thereafter, except in accordance with Paragraph 14a above. PCI shall not be included in the APCHA's listed purchase price, even if made or installed during original construction. c. To qualify as PCI, the Owner must furnish to APCHA the following information with respect to the improvements that the Owner seeks to include in the calculation of Maximum Resale Price: (1) Original or duplicate receipts to verify actual costs expended by Owner for PCI; (2) Owner's affidavit verifying that receipts are valid and correct receipts tendered at time of purchase; (3) True and correct copies of any building permit or certificate of occupancy required to be issued by Aspen/Pitkin County Building Departments with respect to the PCI. (4) In calculating costs under Paragraphs 14 a-c (1-3), the Owner’s actual out-of-pocket approved costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to Owner’s “sweat equity” or to any appreciation in the value of the improvements. EXHIBIT C 75 Page 7 of 17 All capital improvements will be depreciated. Certain capital improvements will not be allowed towards the 10% cap. Each capital improvement will depreciate per the depreciation schedule stated in an approved handbook. The current source is the Marshall Swift Residential Handbook. Any capital improvements associated with health and safety, energy efficiency, water conservation, and green building products may be exempt from the 10% capital improvement cap if approved by APCHA prior to installation; however, such capital improvements shall be depreciated per the depreciation schedule stated in an approved handbook. d. For determining the Maximum Resale Price in accordance with this Section, the Owner may also add to the amounts specified in Paragraphs 13 and 14a, the cost of any permanent improvements constructed or installed because of any requirement imposed by any governmental agency, if written certification is provided to the APCHA of both the applicable requirement and the information required by Paragraph 14c (1) – (3). e. To obtain maximum resale price, the Owner must ensure that at the time of sale the Property or Unit meets APCHA’s applicable minimum standards for maintenance of the Property or Unit as determined by APCHA in accordance with Exhibit C to this Agreement. If the Seller does not meet these requirements, APCHA shall require that Seller escrow at closing a reasonable amount of money to ensure compliance with Exhibit C or require that the sale price of the Property or Unit be reduced accordingly. f. Owners are required to maintain their units in compliance with the Minimum Standards. GRIEVANCES 15. All grievances, as defined in the APCHA Regulations, shall be resolved as specified therein. CLOSING COSTS 16. Owner shall not permit any prospective buyer to assume any or all the Owner's customary closing costs (including, but not limited to, title insurance, sales fee, pro ration of taxes, homeowner’s dues, etc., as are customary in Aspen and Pitkin County) nor accept any other consideration which would cause an increase in the purchase price above the bid price to induce the Owner to sell to such prospective buyer. MULTIPLE QUALIFIED BIDS 17. In the event that one qualified bid is received equal to the Maximum Resale Price herein established, the Property or Unit shall be sold to such bidder at the Maximum Resale Price; and in the event Owner receives two or more such bids equal to the Maximum Resale Price, the Qualified Buyer shall be selected according to the priority for Sale Units set forth in the Regulations; and, in the event that more than one such qualified bidder is of equal priority pursuant to the Regulations, the Qualified Buyer shall be selected by lottery among the qualified bidders of the highest priority, whereupon the Property or Unit shall be sold to the winner of such lottery at the Maximum Resale Price. If the terms of the proposed purchase contract, other than price, as initially presented to the Owner, are unacceptable to the Owner, there shall be a mandatory negotiation period of three (3) business days to allow the Owner and potential buyer to reach an agreement regarding said terms, including but not limited to, the closing date and financing contingencies. If, after the negotiation EXHIBIT C 76 Page 8 of 17 period is over, the Owner and buyer have not reached an agreement, the next bidder's offer will then be presented to the Owner for consideration and a three (3) business day negotiating period will begin again. The Owner may reject all bids; however, the Owner is subject to the provisions in the Employee Housing Regulations pertaining to the listing fee. Bids more than the Maximum Resale Price shall be rejected. If all bids are below the Maximum Resale Price, the Owner may accept the highest qualified bid. If all bids are below the Maximum Resale Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. NON-QUALIFIED TRANSFEREES 18. In the event that title to the Property or a Unit vests by descent in, or is otherwise acquired by, any individual and/or entity who is not a Qualified Buyer as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"), the Property or Unit shall immediately be listed for sale as provided in Paragraph 9 above (including the payment of the specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, the Property or Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property or Unit to a Qualified Buyer and shall execute all documents necessary to do so. b. Non-Qualified Transferee(s) shall not: (1) occupy the Property or Unit; (2) rent all or any part of the Property or Unit, except in strict compliance with Paragraph 22 hereof; (3) engage in any other business activity on or in the Property or Unit; (4) sell or otherwise transfer the Property or Unit except in accordance with this Agreement and the Employee Housing Regulations; c. The APCHA, the City, the County, or their respective successors, as applicable, shall have the right and option to purchase the Property or Unit, in accordance with paragraph 11 above. d. Where the provisions of this Paragraph 18 apply, the APCHA may require the Owner to rent the Property or Unit in accordance with the provisions of Paragraph 22, below. OWNER RESIDENCE, EMPLOYMENT AND CONTINUING COMPLIANCE 19. Each Property or Unit shall be utilized only as the sole and exclusive place of residence of its Owner. 20. In the event an Owner changes place of residence or ceases to utilize the Property or Unit as his sole and exclusive place of residence, ceases to be a full-time employee in accordance with the Regulations as they are amended from time to time, or otherwise ceases to comply as a Qualified Buyer and Owner with this Agreement or the Regulations as they are amended from time to time, the Property or Unit must be offered for sale pursuant to the provisions of Paragraph 9 of this Agreement. An Owner shall be deemed to have changed his or her place of residence by becoming a resident elsewhere or accepting employment outside Pitkin County, or residing in the Property or Unit for fewer than nine (9) months per calendar year without the express written approval of the APCHA pursuant to a leave of absence, or by ceasing to be a full-time EXHIBIT C 77 Page 9 of 17 employee as required by the Regulations and as amended from time to time. When APCHA determines that the Owner has changed his/her place of residence, the APCHA may require the Owner to rent the Property or Unit in accordance with the provisions of Paragraph 22, below pending a sale of the property. In determining a person’s place of residence, APCHA shall consider, in addition to any other relevant information, the following items. APCHA’s determination shall be made based on the totality of the circumstances. 1. the location(s) of living accommodations; 2. where employment duties are performed by such person and members of the person’s household; 3. residency of immediate family and dependents; 4. location of children’s school; 5. address shown on driver’s license; 6. address shown on motor vehicle registration(s); 7. address shown on voter registration; 8. location of personal property and business assets; 9. address shown on state and federal income tax returns; 10. mailing address(es); 11. location of primary physician; 12. address as shown by utility bills, telephone bills and other invoices for goods and services; 13. address shown by bank accounts; and 14. location for in-person purchases of essential goods and services. 21. It is a violation to this Agreement for a Qualified Buyer or Owner to own directly or indirectly through a legal entity or otherwise, any interest alone or in conjunction with others in any residential property within the Ownership Exclusion Zone in accordance with the APCHA Regulations, as amended from time to time. This prohibition includes ownership by a spouse of the Owner or a member of the Owner’s household. If at any time an Owner acquires such an interest, the Owner shall immediately list said other property or unit for sale and to sell his or her interest in such property at fair market value to like units or properties in the area in which the property or dwelling unit(s) are located. In the event said other property or unit has not sold by Owner within one hundred eighty (180) days of closing on this property, then Owner hereby shall immediately list this Property or Unit for sale pursuant to the provisions of Paragraph 9 of this Agreement. Should the Owner not receive a full-priced bid, said Owner must accept the first reasonable offer for said Property or Unit as deemed appropriate by the APCHA. The requirements of this paragraph apply equally to Owner’s spouse or any member of the Owner’s household. RENTAL 22. Owner may not, except with prior written approval of the APCHA, and subject to APCHA's conditions of approval, rent the Property or Unit for any period. Prior to occupancy, each tenant must be approved by the Homeowner's Association, if applicable, and the APCHA in accordance with employment as stated in the Regulations, as well as non-ownership of residential property within the Ownership Exclusion Zone, established by the Regulations. The APCHA shall not approve any rental if such rental is being made by the Owner to utilize the Property or Unit as an income producing asset, except as provided below, and shall not approve a lease with a rental term of more than twelve (12) months. A signed copy of the lease must be EXHIBIT C 78 Page 10 of 17 provided to the APCHA prior to occupancy by each tenant. Any such lease approved by the APCHA shall show the length of the lease and the monthly rent. The monthly rent cannot exceed the Owner's costs, which include the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowner’s assessments, utilities remaining in Owner's name, plus an additional amount as stated in the Regulations and as they are amended from time to time, and a reasonable (refundable) security deposit. Requirements of this paragraph shall not preclude the Owner from sharing occupancy of the Property or Unit with qualified non-Owners as determined by APCHA on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 18. All roommates are required to obtain approval by APCHA prior to occupancy. 23. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY OR UNIT. 24. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON- PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IF NONE IS FOUND BY THE OWNER. COMPLIANCE REVIEW AND REMEDIES FOR BREACH 25. All applicants, Qualified Buyers, and Owners shall promptly provide to the APCHA all such information as the APCHA deems reasonably necessary at any time to verify compliance with this Agreement and the APCHA Regulations. The APCHA shall maintain the confidentiality of any financial data provided by any existing or potential Owner, subject to the requirements of the Colorado Open Records Act, C.R.S. 24-72-201, et. seq., and except for such disclosures as are necessary with respect to any litigation, enforcement, or other legal proceedings. If APCHA has reasonable cause to believe the Owner is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. 26. The APCHA, through its employees or agents, in the event a violation or potential violation of this Agreement is discovered, shall send a notice of violation to the Owner describing the nature of the violation and, at the discretion of APCHA, allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before the APCHA Hearing Officer or if there is no Hearing Officer the Board of Directors within fifteen (15) days to dispute the merits of the allegations. If no hearing is requested and the violation is not cured within any fifteen (15) day period granted by APCHA, the violation shall be considered final, and the Owner shall immediately list the Property or Unit for sale in accordance with this Agreement. The failure to request a hearing shall constitute the failure to exhaust administrative remedies for the purposes of judicial review. If a hearing is held before the APCHA Hearing Officer: (i) the decision of the APCHA Hearing Officer, based on the record of such hearing, may be appealed to the APCHA Board within 15 days of the Hearing Officer’s final decision for determining if a violation has occurred; and (ii) the APCHA Hearing Officer or the APCHA Board shall have discretion to determine the appropriate action to be taken to either remedy the violation or require the Owner to list the Property or Unit for sale in accordance with this Agreement, or pay a penalty as provided in the APCHA Regulations. In the event of enforcement as described herein, for determining the maximum resale price of the Property or Unit, unless the Notice of Violation is overturned EXHIBIT C 79 Page 11 of 17 on appeal, appreciation shall terminate from the date that the violation occurred (said date shall not necessarily be the same time the Notice of Violation was sent to the Owner) until the violation is cured or until the Property or Unit is sold, whichever is applicable. If there is no APCHA Hearing Officer, the provisions of this paragraph shall apply to the APCHA Board. 27. There is hereby reserved to the parties hereto all remedies provided by law for breach of this Agreement or any of its terms. In the event of litigation for the interpretation or enforcement of this Agreement, the prevailing party shall be awarded its costs and reasonable attorneys' fees. 28. In the event the Property or Unit is sold and/or conveyed without compliance with this Agreement or the APCHA Regulations, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer, and the transaction shall be rescinded Each conveyance of the Property or Unit, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. The Owner shall be liable for all APCHA’s costs and reasonable attorneys’ fees incurred in setting aside any such transaction. 29. If the Owner fails to cure any breach, the APCHA may resort to all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property or Unit by Owner as specified in Paragraphs 5, 6, 9, 18, 20, 21 and 26. The costs of such sale, including reasonable attorneys’ fees, shall be taxed against the proceeds of the sale with the balance being paid to the Owner. FORECLOSURE 30. a. If any Property or Unit is sold as a foreclosure sale or otherwise acquired by any person or entity in lieu of foreclosure, APCHA and the Board, as the designee of the APCHA, shall have the option to acquire such Property or Unit within thirty (30) days after (i) the issuance of a public trustee’s deed to the purchaser, or (ii) receipt by the APCHA of written notice from such person or entity of the acquisition of such Lot in lieu of foreclosure, as applicable, for an option price not to exceed (a) in the event of a foreclosure, the redemption price on the last day of all statutory redemption periods and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure or (b) in the event of a transfer in lieu of foreclosure, the amount paid, or the amount of debt forgiven, by the transferee plus the reasonable costs incurred by the transferee with respect to its acquisition of such Property or Unit. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on a Property or Unit, only Qualified Buyers may acquire an interest in a Property or Unit at a foreclosure sale or in lieu of foreclosure. If any person or entity having a lien on a Property or Unit is not a Qualified Buyer and acquires an interest in such Property or Unit in a foreclosure sale or in lieu of foreclosure, the provisions of Paragraph 16 shall apply. Except as specifically provided herein, this Agreement shall remain in full force and effect notwithstanding a foreclosure. b. If APCHA exercises the option described above, the provisions of paragraph 12 above shall apply c. Notwithstanding the foregoing, in the event of foreclosure by the holder of the first deed of trust on such Property or Unit, if the holder of such deed of trust is the grantee under the confirmation deed and APCHA does not exercise its option to purchase as provided in this paragraph, then APCHA agrees to release the Property or Unit from the requirements of this Deed Restriction. EXHIBIT C 80 Page 12 of 17 GENERAL PROVISIONS 31. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party if prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To APCHA: Aspen/Pitkin County Housing Authority 18 Truscott Place, Aspen, Colorado 81611 To Owner/Declarant: Owner/Declarant Name 32. Exhibits. All exhibits attached hereto (Exhibits "A", “B” and “C”) are incorporated herein and by this reference made a part hereof. 33. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 34. Choice of Law. This Agreement and each related document are to be governed and construed in accordance with the laws of the State of Colorado. Jurisdiction for any action arising under this Agreement shall be in Pitkin County, Colorado. 35. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 36. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit, or aid in the construction of any terms or provisions contained herein. 37. Waiver. No claim of waiver, consent, or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition if such waiver is in writing. 38. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 39. Personal Liability. The Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. EXHIBIT C 81 Page 13 of 17 40. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered in connection herewith. 41. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner's rights under this Agreement. 42. Mortgagee Right to Cure. Nothing herein shall be deemed to impair any right of a mortgagee of a Property or Unit from curing any default by an Owner of his or her financial obligations with respect to such Property or Unit. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNERS: ___________________________________________ ________________________________________ Owner/Declarant NameOwner/Declarant STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _____ day of ________________ 2025 by Owner/Declarant Name. Witness my hand and official seal; My commission expires: ___/___/___ __________________________________________________ Notary Public EXHIBIT C 82 Page 14 of 17 ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing Deed Restriction Agreement for the Occupancy and Resale of ADDRESS, Colorado (COMPLEX), of the Aspen/Pitkin County Housing Authority and its terms are hereby adopted and declared by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By:________________________________________ Cindy Christensen, Deputy Director STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _____ day of __________ 2025, by Cindy Christensen, Deputy Director of the Aspen/Pitkin County Housing Authority. Witness my hand and official seal; My commission expires: _____/_____/_____ _______________________________________________ Notary Public EXHIBIT C 83 Page 15 of 17 EXHIBIT "A" Legal Description: EXHIBIT "B" Permitted Capital Improvements 1. The term "Permitted Capital Improvement" as used in the Agreement shall only include the following (all included within your 10% cap: a. Improvements or fixtures erected, installed, or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement, and/or maintenance improvements; b. Improvements to add and/or finish permanent/fixed storage space; c. Improvements to finish unfinished space. d. Permanent types of landscaping; e.g., adding irrigation system, trees (may be allowed, but not guaranteed) e. The cost of adding decks and balconies, and any extension thereto; f. Replacement of carpet can be done every seven years; g. Counters/Cabinets/Vanities can be replaced every 15 years (standard material price is used); and/or h. Improvements associated with green building products. 2. Permitted Capital Improvements outside the 10% cap may include the following: a. Improvements for energy efficiency items and water conservation; b. Improvements for the benefit of seniors and/or persons with disabilities; c. Improvements for health and safety protection devices; d. Replacement of hot water heater, furnace/boiler, and electrical upgrades; e. Improvements of structural necessities such as leaks / drainage issues, foundation, roof; f. Replacement of the oven, fridge, microwave, and dishwasher can be done every ten years (if replaced with Energy-Star appliances). 3. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Jacuzzis, saunas, steam showers and other similar items; b. Upgrades or addition of decorative items, including lights, window coverings and other similar items; and/or c. Landscaping that is not permanent; e.g., flowers, sod/grass, etc. 4. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. APCHA recommends that you obtain approval before doing any work. To get credit for an improvement where a building permit is required, the improvement will not be counted unless a Letter of Completion was obtained by the Building Department. 5. The Permitted Capital Improvements shown hereon shall be subject to such additions, deletions and modifications as may be set forth in the Regulations from time to time; provided that if any improvement is made at a time when it would be deemed a Permitted Capital Improvement hereunder or under the Regulations, such improvement shall be deemed a Permitted Capital Improvement at all times notwithstanding any modification of the Regulations; however, ALL permitted capital improvements will be depreciated as based on a third source as stipulated in the Regulations. EXHIBIT C 84 Page 16 of 17 EXHIBIT “C” MINIMUM STANDARDS FOR SELLER TO RECEIVE FULL VALUE AT RESALE  Clean unit  Carpets steam-cleaned two or three days prior to closing  Major scratches, holes, burned marks repaired in hardwood floors, linoleum, tile, counter tops etc.  No broken windows  All screens in windows (if screens were originally provided)  All doors will be in working order with no holes  All locks on doors will work  All keys will be provided; e.g., door, mailbox, garage  All mechanical systems shall be in working order  Walls paint ready  Normal wear and tear on carpet; if carpet has holes, stains, etc., the carpet and padding shall be replaced or escrow funds at current market value per square foot for a comparable product shall be held at the time of closing to be used by the new buyer  No leaks from plumbing fixtures  No roof leaks  Any safety hazard remedied prior to closing, excluding radon (not required in State of Colorado)  All light fixtures shall be in working order DEFINITIONS: Clean Unit: All rooms will be cleaned as stated below:  Kitchen: o Range – Inner and outer services will be cleaned. o Range hood and Exhaust Fan o Refrigerator and Freezer – Inner and outer surfaces of refrigerator and freezer will be clean. The freezer will be defrosted. o Cabinets and Countertops – Exterior and interior surfaces of cabinets and drawers will be clean. Door and drawer handles, if provided, shall be clean and in place. o Sink and Garbage Disposal – Sink and plumbing fixtures will be clean. If garbage disposal is provided, this must be in working order. o Dishwasher – If provided, must be in working order and inner and outer surfaces shall be clean.  Blinds, Windows, Screens: o Mini-blinds, Venetian Blinds, Vertical Blinds, Pull Shades – Will be clean. o Windows – All window surfaces, inside of the unit, shall be clean. o Screens – Screens will be clean and in place with no holes or tears (if provided). EXHIBIT C 85 Page 17 of 17  Closets: Closets, including floors, walls, hanger rod, shelves, and doors, shall be clean.  Light Fixtures: Light fixtures will be clean and shall have functioning bulbs/florescent tubes.  Bathrooms: o Bathtub, Shower Walls, Sinks – Bathtubs, shower walls and sinks shall be clean. o Toilet and Water Closet – Water closets, toilet bowls and toilet seats will be clean. If the toilet seat is broken or peeling, the seat shall be replaced. o Tile – All tile and grout will be clean. o Mirrors and Medicine Cabinets – Mirrors and medicine cabinets shall be cleaned inside and out. o Shelves and/or Other Cabinetry – All other shelves or cabinetry shall be cleaned inside and out.  Walls, Ceilings, Painted Doors, and Baseboards: Painted surfaces must be cleaned with care to ensure the surface is clean without damaging the paint.  Floors: Floor cleaning includes sweeping and mopping and could include stripping, waxing, and buffing. Types of floor surfaces include wood, wood parquet tiles, linoleum, asphalt tile, vinyl tile, mosaic tile, concrete, and carpet. If carpet, all carpets shall be cleaned at least two days prior to closing.  Interior Storage/Utility Rooms: Storage/utility rooms shall be cleaned. Properly cleaned storage/utility rooms will be free from odors, removable stains, grease marks or accumulations. Safety Hazard: Any item that provides a safety hazard shall be fixed. This would include, but is not limited to, exposed electrical wiring, ventilation for gas hot water system, etc. If a radon test is done and it is found to be higher than normal levels, per Colorado law, there is not a requirement to mitigate. Walls Paint-Ready: All holes shall be patched; all posters, pictures, etc., shall be removed from all walls; all nails, tacks, tape, hardware used to hang items, etc., shall be removed from all walls; and all walls shall be clean and ready for the new buyer to paint. If wallpaper has been placed on the wall and in good condition, the wallpaper can remain; if the wallpaper is peeling off, the wallpaper must be removed. Windows: If a window is broken, including the locking mechanism, the window shall be replaced, and/or the locking mechanism repaired. EXHIBIT C 86