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AGENDA CITY COUNCIL REGULAR MEETING November 11, 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/84645390881?pwd=pjYkbixuEfyRsWcNP3b1t7ECnlflBT.1 Passcode:81611 Join via audio: +1 719 359 4580 US Webinar ID: 846 4539 0881 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kX0FYVsRx (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports 1 1 VI.Consent Calendar VIA. Resolution #150, Series of 2025 - Armory Hall Adaptive Reuse – Owner’s Representative contract with Concept One Group VIB.Resolution #152, Series of 2025 - Proposed Settlement Agreement/ City v. 359 Design (Burlingame III) VIC.Resolution #153, Series of 2025 - Approval of Early Termination Agreement concerning property located at 455 Rio Grande Place, Aspen, Colorado VID.Draft Minutes of October 28th, 2025 VII.Notice of Call-Up VIII.First Reading of Ordinances VIIIA.Ordinance # 10, Series of 2025 - City of Aspen 2025 Budget Fall Supplemental VIIIB.Ordinance # 11, Series of 2025 - City of Aspen 2026 Fee Ordinance VIIIC.Ordinance #13, Series of 2025 - Changes to Title 25 IX.Public Hearings IXA.Resolution # 133, Series of 2025 - City of Aspen 2026 Budget Adoption (These matters may be adopted together by a single motion) 150 309-2025 - Armory Hall Concept One Group Owner's Rep Contract Council Memo.docx Resolution.Council.150.2025.docx Exhibit A - C104-2024- 10.31.25 Final.pdf Memo re Settlement Agreement (11-5-25)(Final) .docx Resolution #152(Series of 2025) - 359 Settlment Agreement (Final).docx Memo_Resolution # 153 Series of 2025; Yogi's Early Termination Agreement.docx Resolution # 153, Series of 2025.docx Early Termination Agreement- Yogi's 2025.11.03 (002)(2025.11.05) Clean.pdf cc.min.102825.docx 2025_Fall_Ordinance_No.10__Series_2025__-_1st_Reading.docx 2025 Fall Ordinance Combined Exhibits.pdf 2025_Fall_Supplemental_Memo_-_1st_Reading(1).docx 2026_Fee_Ordinance_No_11_First_Reading_Memo_11.11.25.docx Ordinance 11 Series 2025 - City of Aspen 2026 Fee Ordinance.pdf 2026 Fee Ordinance Changes.pdf Council Memo - First Reading for T25_UPLOAD 20251103-1.docx Exhibit_A_-_Ordinance__13_Series_of_2025_-_Title_25_Updates-1 (2).docx Memo_for_Resolution_133_Series_2025_- _City_of_Aspen_2026_Budget_Adoption.docx Resolution_133_Series_2025_-_City_of_Aspen_2026_Budget_Adoption.docx 2 2 IXB.Resolution # 134, Series of 2025 - APCHA 2026 Budget Adoption X.Action Items XA.Resolution #132, Series of 2025 - APCHA 2025 Budget Fall Supplemental XI.Executive Session XII.Adjournment Memo for Resolution 134 Series 2025 - APCHA 2026 Budget Adoption.docx Resolution 134 Series 2025 - APCHA 2026 Budget Adoption.docx Resolution No. 132 - Memo.docx Resolution No.132, Series 2025 - APCHA Fall Supplemental.docx 2025 Fall Resolution Exhibit A.pdf 2025 Fall Resolution Exhibit B.pdf 2025 Fall Resolution Exhibit C.pdf Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (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. The specific items of discussion involve the following: Discussion and instruction to negotiators concerning potential litigation arising out of the Wrights Road water line replacement project. The lease, transfer or acquisition of real property or property interests, and contract negotiations, and communication with counsel regarding such subjects. Due to market forces, negotiation strategies and confidentiality demands of parties involved, and necessitated by the subject of the specific legal advice, which further disclosure would be a detriment to the City’s strategic position, the exact properties cannot be disclosed. 3 3 Page 1 of 3 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Jen Phelan, Development Manager THROUGH: Rob Schober, Capital Asset Director MEETING DATE: November 11, 2025 RE: Resolution No. 150 (Series of 2025), Armory Hall Adaptive Reuse – Owner’s Representative contract with Concept One Group. REQUEST OF COUNCIL: Staff is requesting approval of Resolution No. 150 (Series of 2025) for a construction management services contract with Concept One Group (COG) for Armory Hall. SUMMARY AND BACKGROUND: The adaptive reuse of Armory Hall is a priority project for City Council. The design team is progressing construction documents and additional refinement of the cost estimate is ongoing. As part of the project, staff is anticipating securing the services of a construction management firm to supplement Capital Asset staff capacity and provide additional oversight of the project. Capital Asset staff advertised a request for proposal (RFP) for construction manager as advisor (CMa) services consisting of pre-construction, construction and warranty services. Bidders were instructed to include a price for pre-construction and estimated costs for construction and warranty phases. Pricing was to be based off a 100% DD schedule provided by Shaw Construction and a two-year warranty period. DISCUSSION: Staff issued the RFP on August 21, 2025, and closed the process on September 23, 2025, per the City’s procurement procedures via the Bidnet Direct website. Bidnet Direct allows vendors to receive notification of public bid opportunities. With the closure of the bid window, the city received seven bids. A review committee included staff from the Asset department. In-person interviews were held with two firms. The committee’s recommended vendor is Concept One Group, a valley firm. Members supported this vendor for a variety of reasons including but not limited to: competitive billing rates, that were in line with other finalists, COG’s recognition that their services will supplement city staff rather than turnkey services, the firm’s experience with commercial projects, their understanding of the regulatory Figure 1: Courtesy of The Aspen Historical Society 4 Page 2 of 3 environment of Aspen and the fact that they are local; thus being able to have an on-site presence without significant costs to the project for travel & per-diem. The proposal includes three parts: Pre-construction services, construction services, and warranty services. The contract will bill based on time and materials with a not to exceed top cost shown below in Table 1: Table 1: Contract Phases, Estimated Time, and Cost Contract Phase Length of Phase (Months) Amount Part 1 Pre-construction Services (The Current Request) 12 $162,720 Part 2 Constructions Services (Future Request in Q4 2026) 25 $421,000 Part 3 Warranty Services (Future Request in Q3 2028) 12 $65,060 Reimbursables– cost plus 10% Total, Parts 1-3 49 $648,780 Part 1: Pre-Construction Services (Current Request) o Part 1 represents the scope of this contract approval request. COG will provide Construction Manager as Advisor services to augment City staff during the design finalization and permitting of the Armory Hall Adaptive Reuse Project. Services include participation in bi-weekly team meetings, constructability and compliance reviews, budget and schedule refinement, coordination of referral agency and building-permit submittals, and general assistance to ensure project readiness for construction. These services will run for approximately 12 months on a time-and-materials basis, not to exceed $162,720. Successful completion of this phase will inform whether subsequent parts are authorized. Part 2: Construction Management Services (Future Request) o Part 2 will be considered for approval at a later date if Part 1 proceeds successfully. Under this phase, COG would serve as the Owner’s on-site representative during construction, overseeing GC contract administration, schedule and budget tracking, RFI/submittal/change-order management, OAC meeting coordination, progress documentation, and facilitation of punch lists and closeout through certificate of occupancy. This phase is estimated at 25 months with an anticipated value of $421,000 to be added by change order in Q4 2026. Part 3: Warranty Services (Future Request) o Part 3 would also be added by change order following completion of construction. During this two-year warranty period, COG would coordinate tracking and resolution of warranty items for building interiors, exteriors, site, and landscape; assist with any post- construction or agency follow-up issues; and ensure timely completion of contractor obligations. This phase is estimated at 12 months of intermittent services valued at $65,060 to be requested in Q3 2028. 5 Page 3 of 3 FINANCIAL IMPACTS: The contract value for Part 1 of $162,720 is within the appropriate project budget for 2025. The Armory Remodel & Reuse Project is funded from the 000 AMP fund. The total budget appropriated for this project (2025) is $4,022,855. Approximately $2,244,448 has been expended, leaving $1,778,407 available in 2025. ENVIRONMENTAL IMPACTS: RECOMMENDATION: Based on the expertise offered by the CMa team and the need for supplemental assistance and City Council priority of remodeling and reusing Armory Hall, Staff recommends approval of the contract between Concept One Group and the City of Aspen. CITY MANAGER COMMENTS: _____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBITS: Exhibit A: AIA C104 Standard Form of Agreement Between Owner and Owner's Representative 6 RESOLUTION NO. 150 SERIES OF 2025 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR CONSTRUCTION AT ARMORY HALL, 130 S. GALENA STREET, BETWEEN THE CITY OF ASPEN AND CONCEPT ONE GROUP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN COLORADO WHEREAS, there has been submitted to the City Council an agreement for construction management services for the Armory Hall Project between the City of Aspen (the “Owner”) and Concept One Group (the “Construction Manager”), a true and accurate copy of which is attached hereto as “Exhibit A”, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: That the City Council of the City of Aspen hereby approves the agreement for construction management services between Owner and Construction Manager, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 11th day of November 2025. ______________________________________ Rachael 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, November 11, 2025. ____________________________________ Nicole Henning, City Clerk 7 Document C104TM –2024 Standard Form of Agreement Between Owner and Owner's Representative AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 1 ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. AGREEMENT made as of the Twenty-fourth day of October in the year Two Thousand Twenty-Five (In words,indicate day,month,and year.) BETWEEN the Owner: (Name,legal status,address,and other information) City of Aspen 427 Rio Grande Pl Aspen,CO 81611 and the Owner’s Representative: (Name,legal status,address,and other information) Concept One Group Inc. 183 North 12th St Carbondale,CO 81623 970-456-6470 for the following Project: (Name,location,and detailed description) Armory Hall Adaptive Reuse and Conner Park Improvements 130 S.Galena Street Aspen,CO 81611 The Owner and the Owner’s Representative agree as follows. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 8178 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 OWNER’S REPRESENTATIVE’S RESPONSIBILITIES 3 SCOPE OF OWNER’S REPRESENTATIVE’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 CLAIMS AND DISPUTES 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 COMPENSATION 10 SPECIAL TERMS AND CONDITIONS 11 SCOPE OF THIS AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section,insert the information or a statement such as “not applicable”or “unknown at time of execution.”) § 1.1.1 The Owner’s program requirements for the Project,if any: (Insert the Owner’s program requirements,identify documentation that establishes the Owner’s program,or state the manner in which the program will be developed.) Adaptive reuse of Armory Hall to include community gathering spaces,a food hall with five kitchens,a potential retail or grab and go component,and a visitor center. Conner Memorial Park improvements include a gathering plaza,new seating,walkways,multi-modal parking and landscape plantings. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics,such as size,location,etc.) Armory Hall was constructed in 1892,located at 130 S.Galena Street and is a local and national historically designated building.Conner Memorial Park is a pocket park adjacent to Armory Hall. § 1.1.3 Funding source: (Identify anticipated funding sources and deadlines related to funding for the Project.) Not applicable at the time of contract execution. § 1.1.4 The Owner’s budget for the Project: (Provide the Owner’s total budget for the Project and,if known,a line-item breakdown including the Owner’s Representative’s services,architectural and other consultant services,construction,financing,other costs,and reasonable cost contingencies.) Not applicable at the time of contract execution. § 1.1.5 The Owner intends the following procurement or delivery methods for design and construction of the Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 9179 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 3 Project: (Identify method such as competitive bid,negotiated contract,multiple prime contracts,or construction management.) Shaw Construction is currently engaged under a Preconstruction Services Agreement with the City of Aspen. Upon completion and acceptance of the Guaranteed Maximum Price (GMP),it is the City’s intent to enter into a Construction Contract with Shaw Construction based on the negotiated GMP. § 1.1.6 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates: Not applicable at the time of contract execution. .2 Construction commencement date: June/July 2026 .3 Substantial Completion date or dates: Closeout anticipated 25 months after start. .4 Other milestone dates: N/A § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project,if any.) § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner shall collaborate with its consultants to complete a sustainable projects exhibit and provide a copy to the Owner’s Representative. § 1.1.8 The Owner shall retain the following consultants and contractors: (If known,list discipline,name,contact information,and other pertinent information.) General Contractor Shaw Construction,LLC 760 Horizon Drive #201 Grand Junction,CO 81506 Architect CCY Architects 228 Midland Ave. Basalt,CO 81621 § 1.1.9 The Owner’s Representative shall retain the following consultants and contractors: (If known,list discipline,name,contact information,and other pertinent information.) § 1.1.10 Other Initial Information on which this Agreement is based: Services expected include items identified,but not necessarily limited to,the following: Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 10180 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 4 Preconstruction services Team Meetings.Familiarize oneself with current plans and progress of the project,attend regular bi-weekly project meetings.Potentially organize future regular or as needed meetings based on need.Any meetings organized by CMa requires CMa to document meeting notes in detail,distribute notes/tasks lists and save files in a project folder for future turnover to the City upon completion.Meet with City Historic Preservation staff and monitor as needed and required by the land use approval documents. Compliance Review.Help to verify that City referral department requirements are being met with the progression of Construction Document (CD)set.Verify that referral agency comments are incorporated int the CD set,as well as any available entitlements requirements such as the land use approval ordinance. Document any possible compliance concerns,work with team to remediate as needed to maintain compliance. Review the requirements to consult with Historic Preservation staff and monitor set forth in the land use approval documents,representations made concerning historic preservation before City Council,and ensure these requirements are met and that HP staff and monitor are consulted when required. Constructability Review.The CMa should perform an additional review of the project designs to this point from the point of view of building feasibility and efficiency.Document any possible concerns or opportunities and work with the team as needed to remediate or improve.Although code compliance is the architect’s responsibility,seek to ensure that no code requirements or historic preservation requirements have been overlooked in the plans and seek to remediate if necessary. Budget Review.The estimator has created a construction budget based on the 100%Schematic Design package and is currently refining the budget based upon the 100%Design Development package.Aid preconstruction consultation and estimating effort with estimator and design team. Project Schedule and Refinement.Work with the architect and estimator to develop owner’s detailed project schedule.Review the project schedule and consider the local process,resources and building environment. Identify and document inconsistencies,concerns,or otherwise unrealistic assumptions in the project schedule. Work with the team,including the architect and estimator,as needed to refine the project schedule to be as realistic as possible for the current stage of development. Building Permit.Work with the team on assembly of building permit application documents and ensure that the building permit application process is completed successfully including any necessary follow-up items which must be submitted.Work with the team to track and document the process throughout the iterative re- submittal process of permit review.Follow up and guide solutions for any design issues encountered during the process including organizing any agency review meetings if needed.Drive completion of the permit process by shoring up any loose ends and ensuring that the building permit is procured as soon as feasibly possible. Construction Management Services GC Contract Administration.Act as the Owner’s agent for administration of the GC contract.Overall facilitation,coordination,organization and direction of the team including document control and management.Communicate,track and organize all elements of a typical AIA GC engagement including,but not necessarily limited to,progress tracking,schedule management,payment applications,submittals,RFIs, PCOs/COs/CCDs and so on.Facilitate problem solving and associated documentation among the project team to remediate open issues or challenges related to scope,constructability,design,etc.Understand the owner’s rights and contingencies in the contract,recommend actions or alternatives as needed,and execute such actions when directed. Weekly OAC Meetings.Attend weekly OAC meetings.Continue as needed throughout the duration of the contract. Site Visits.Site visits for on-site construction observation and troubleshooting.Anticipate the number will ramp up and then ramp down throughout the construction timeline dependent on the phase of construction. Agency Engagement.Communication and/or documentation with other agencies and partner entities as needed for project progress.For example,this may entail communication with the architect,GC and the building department over a right of way permit or other necessary administrative coordination to keep the Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 11181 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 5 project moving.Other examples of anticipated communications include communicating with local agencies to clarify or verify expectations or existing conditions that influence the project.It may also entail communication with neighboring residents,HOAs or property managers to discuss construction impact remediation.Communicate with Historic Preservation staff and monitor when required by the land use approval documents or building permit requirements.Other such activities are anticipated,and it is expected that there will be some regularity with this type of engagement. Monthly Pay Application and Progress Summary Report.Prepare monthly package with pay application and progress summary report,including:cover letter summary with recommended actions,acceptable forms included such as AIA,invoices,conditional and unconditional lien waivers,GC pay application including schedule of values and completion to date,and progress summary narrative with observation and photos. Schedule Maintenance.Maintain updated GC schedule and Owner’s budget versus baseline,keep on top of GC change order log,submittal log,rfi log,and help with solutions to issues where needed. Occupancy and Closeout.Oversight and facilitation of GC completion and application for certificates of occupancy.Coordinate punch list process for building interiors,exteriors,site work,landscape,and irrigation system including irrigation water source and testing.Coordinate final inspections and any required paperwork. As-Built Documentation.Manage the production of and organize all as built documentation necessary for submittal to regulatory agencies sufficient to facilitate receipt of certificates of occupancy.Additionally organize as-built documents for owner’s records. Warranty Management Services Warranty Coordination.Warranty timeline is two years.Receive and track the aging and remediation of items for Armory Hall’s interiors,exteriors,site and landscape.Work with GC as needed to coordinate replacement or repairs.Coordinate with operator where necessary and accompany GC as needed for completion.Hours are expected to diminish toward zero over the course of the two-year warranty process. Manage Post Construction Issues.Follow up and guide remediation of any ongoing design or construction issues remaining including organizing any agency review meetings if needed.Drive completion and ensure that Owner’s responsibilities are fulfilled.Hours are expected to diminish toward zero over the course of the two year warranty process. Additional Services.Identify additional services necessary for fulfillment of General Contractor’s obligations. Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22, 2025 § 1.2 The Owner and the Owner’s Representative may rely on the Initial Information.Both parties,however, recognize that the Initial Information may materially change and,in that event,the Owner and the Owner’s Representative shall appropriately adjust the Owner’s Representative’s services,schedule,and compensation.The Owner shall adjust the Owner’s budget and anticipated schedule for the Project,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon written protocols governing the transmission and use of,and reliance on, Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to written protocols governing the use of,and reliance on,the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER’S REPRESENTATIVE’S RESPONSIBILITIES § 2.1 The Owner’s Representative shall exercise reasonable care in performing its services set forth in this Agreement.The Owner’s Representative shall not provide professional services on this Project that constitute the practice of architecture or engineering. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 12182 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 6 § 2.2 Except with the Owner’s knowledge and consent,the Owner’s Representative shall not engage in any activity,or accept any employment,interest,or contribution that would reasonably appear to compromise the Owner’s Representative’s judgment with respect to the Project. § 2.3 Owner’s Representative’s Limitations of Authority § 2.3.1 The Owner’s Representative shall have authority to act on behalf of the Owner only as set forth in this Agreement,subject to the limitations below.Unless otherwise agreed to by the Owner in writing,the Owner’s Representative shall not have authority to perform the following activities on behalf of the Owner: .1 Approve the Owner’s written program or the Architect’s design phase submissions; .2 Enter into,modify,terminate,or amend contracts or legally binding agreements; .3 Authorize change orders or construction change directives; .4 Reject,suspend,or stop the Work; .5 Adjust or settle insured losses; .6 Settle claims; .7 Waive rights;and .8 Other: § 2.3.2 The Owner’s Representative shall notify the Owner’s consultants and contractors performing services or Work on the Project in writing about the limitations of authority identified in Section 2.3.1. § 2.4 The Owner’s Representative shall maintain the following insurance until the termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Owner’s Representative normally maintains,the Owner shall pay the Owner’s Representative as set forth in Section 9.6.3. § 2.4.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2,000,000.00 )for each occurrence and Three Million Dollars ($3,000,000.00 )in the aggregate for bodily injury and property damage. § 2.4.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Owner’s Representative with policy limits of not less than One Million Dollars ($1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance,and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.4.3 The Owner’s Representative may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as those coverages required under Sections 2.4.1 and 2.4.2 and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.4.4 Workers’Compensation at statutory limits. § 2.4.6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($1,000,000.00 )per claim and Two Million Dollars ($2,000,000.00 )in the aggregate. § 2.4.7 Additional Insured Obligations. 2.4.7.1-The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds.Every policy required above shall be primary insurance,and any insurance carried by the City,its officers or employees,or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Owner’s Representative.No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations.The Owner’s Representative shall be solely responsible for any deductible losses under any policy required above. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 13183 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 7 2.4.7.2-The certificate of insurance provided to the City shall be completed by the Owner’s Representative's insurance agent as evidence that policies providing the required coverages,conditions,and minimum limits are in full force and effect,and shall be reviewed and approved by the City prior to commencement of the contract.No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled,terminated or materially changed until at least thirty (30)days prior written notice has been given to the City. 2.4.7.3-Failure on the part of the Owner’s Representative to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract,or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by City shall be repaid by Owner’s Representative to City upon demand,or City may offset the cost of the premiums against monies due to Owner’s Representative from City. 2.4.7.4-City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 2.6.7.5-The parties hereto understand and agree that City is relying on,and does not waive or intend to waive by any provision of this contract,the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence)or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,Section 24-10-101 et seq.,C.R.S.,as from time to time amended,or otherwise available to City,its officers, or its employees. 2.4.7.6-City's Insurance.The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA)and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Owner’s Representative for inspection during normal business hours.City makes no representations whatsoever with respect to specific coverages offered by CIRSA.City shall provide Owner’s Representative reasonable notice of any changes in its membership or participation in CIRSA. ARTICLE 3 SCOPE OF OWNER’S REPRESENTATIVE’S BASIC SERVICES § 3.1 General § 3.1.1 The Owner’s Representative’s Basic Services consist of those described in this Article 3.Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.2 The Owner’s Representative shall consult with the Owner during all phases of the Project and ensure that the Owner’s decisions and information are conveyed to consultants and contractors performing services or Work for the Project in a timely manner to promote orderly and sequential progress of the Project and avoid unreasonable delay. § 3.1.3 The Owner’s Representative shall provide its services in coordination with the services provided by the Owner’s consultants and contractors,and the Owner’s Representative’s services are not intended to be duplicative of any services provided by the Owner’s consultants and contractors.The Owner’s Representative shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner and the Owner’s consultants and contractors.If the Owner’s Representative becomes aware of any error,omission,or inconsistency in such services or information,the Owner’s Representative shall promptly report it to the Owner. § 3.1.4 The Owner’s Representative shall coordinate with the Owner’s consultants and contractors regarding the types of software to be used on the Project and assist the Owner in establishing and complying with any written protocols governing the transmission and use of,and reliance on,Instruments of Service or any other information or documentation in digital form. § 3.1.5 The Owner’s Representative shall assist the Owner in securing approvals,entitlements,and easements from authorities having jurisdiction over the Project and monitor the progress of each application.Nothing in this section shall require the Owner's Representative to assist in securing approvals and easements that are the responsibility of other consultants or contractors in their agreements with the Owner. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 14184 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 8 § 3.1.6 The Owner’s Representative shall assist the Owner in soliciting,selecting,and retaining the Owner’s consultants and contractors for the Project,such as architects,consultants,construction manager,and contractors. § 3.1.7 The Owner’s Representative shall facilitate the preparation and execution of contracts between the Owner and the Owner’s consultants and contractors. § 3.1.8 The Owner’s Representative shall assist with developing and monitoring the Owner’s budget and schedule for the Project. § 3.1.9 If the Owner identified a Sustainable Objective in Article 1,the Owner’s Representative shall assist the Owner in fulfilling its responsibilities in the sustainable projects exhibit. § 3.1.10 The Owner’s Representative shall attend design,construction,and other meetings related to the Project. There is no limit to the Owner’s Representative’s virtual meeting attendance.The Owner’s Representative shall attend a minimum of 1 weekly in-person design,construction,and other meetings related to the Project during the construction phase.In addition the Owner’s Representative shall coordinate with Historic Preservation staff as needed and attend any meetings with the HP staff and monitor,including facilitating approval of any change in the design by HP staff and monitor. § 3.1.11 On a monthly basis,or as set forth below,the Owner’s Representative shall prepare and submit to the Owner a Project status report that may include information and documentation received from the Owner’s consultants and contractors.The Project status report shall include the following information: .1 a Project summary,including key items for the Owner’s decisions and approvals; .2 an update to the Owner’s schedule developed pursuant to Section 3.1.8,including observed deviations from the schedule that may impact key milestones,Substantial Completion,and final completion; .3 an update to the Owner’s budget developed pursuant to Section 3.1.8,based on actual and anticipated costs reported by each of the Owner’s consultants and contractors; .4 an update regarding the progress toward achieving the Sustainable Objective,if any; .5 proposed and approved design and construction changes,including additional services and change orders; .6 actual and potential claims;and .7 Other: (If the Project status report is required at intervals other than monthly,set forth such intervals below.) § 3.1.12 The Owner’s Representative shall maintain in good order a file containing contract documents,change orders,construction change directives,and other modifications,approved design documents,requests for information and responses,correspondence,and other information,which shall be accessible to the Owner at all times during the Project a copy of which shall be delivered to the Owner upon Project’s completion. § 3.2 Project Initiation Phase The Owner’s Representative shall familiarize itself with the Owner’s program requirements,Initial Information, and other information furnished by the Owner.If there are no Owner’s program requirements or if any Initial Information needs to be completed,the Owner’s Representative shall consult with the Owner on the necessary steps to develop the Owner’s program requirements,complete the Initial Information in this Agreement,and obtain any other information to be furnished by the Owner to the Owner’s consultants and contractors. § 3.3 Design and Procurement Phase § 3.3.1 The Owner’s Representative shall be generally familiar with the progress of the design services.The Owner’s Representative’s review of design submissions,if any,shall be for the limited purpose of checking for design conformance with the Owner’s program and schedule requirements,and not for the purpose of discovering errors,omissions,or inconsistencies in the Architect’s submissions.However,the Owner’s Representative shall promptly report to the Owner and Architect any errors,inconsistencies,or omissions discovered by or made Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 15185 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 9 known to the Owner’s Representative. § 3.3.2 The Owner’s Representative shall consult with the Owner and Architect in soliciting and reviewing proposed contractors for the Project and shall assist the Owner in selecting contractors for the Project.The Owner’s Representative shall review Shaw Constructions GMP and GMP development. § 3.4 Construction Phase § 3.4.1 The term “Work”means the construction and services required by the contract or contracts for construction of the Project,whether completed or partially completed,and includes all other labor,materials,equipment,and services provided or to be provided by the Owner’s contractors to fulfill their respective obligations.The Work may constitute the whole or a part of the Project. § 3.4.2 The Owner’s Representative shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences,or procedures,or for safety precautions and programs employed in connection with the Work,nor shall the Owner’s Representative be responsible for the Owner’s consultants’and contractors’failure to perform the services or the Work in accordance with the plans,specifications,or other contract or legal requirements for the Project.The Owner’s Representative shall be responsible for the Owner’s Representative’s negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of any of the Owner’s consultants or contractors performing services or Work. § 3.4.3 The Owner’s Representative shall be generally familiar with the progress of the Work throughout the entire progress of construction.The Owner’s Representative shall promptly report to the Owner and Architect observed deviations from the budget or schedule of the Project and defects and deficiencies observed in the Work. § 3.4.4 The Owner’s Representative shall assist the Owner with reviewing and processing certificates for payment, including reviewing the data substantiating the contractor’s right to payment included in applications for payment, such as copies of requisitions,and releases and waivers of liens from subcontractors and suppliers,and shall inform the Architect and the Owner of any discrepancies or concerns. § 3.4.5 The Owner’s Representative shall include the Architect in all communications with the Owner’s consultants and contractors for the Project that relate to or affect the Architect’s services or professional responsibilities.Communications by and with the Architect’s consultants shall be through the Architect. § 3.5 Project Completion Phase § 3.5.1 The term “Substantial Completion”means the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the contract or contracts for construction of the Project so the Owner can occupy or utilize the Work for its intended use. § 3.5.2 The Owner’s Representative shall attend the Architect’s Substantial Completion and final completion inspections to be generally familiar with the progress of the completed portion(s)of Work,including reviewing the contractor’s list of Work to be completed or corrected.The Owner’s Representative’s attendance at any inspection shall not be to evaluate conformance of the Work with contract requirements;however,the Owner’s Representative shall promptly report to the Architect and the Owner any defects and deficiencies observed in the Work. § 3.5.3 The Owner's Representative shall coordinate delivery of all warranties,guarantees,and Project close-out items to the Owner. § 3.5.4 The Owner’s Representative shall perform a final analysis of Project costs compared to the Owner’s Project budget. § 3.5.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Owner’s Representative shall,without additional compensation,participate in a meeting with the Owner and Architect to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.2 Owner Representative’s Additional Services Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 16186 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 10 § 4.2.1 The Owner’s Representative may provide Additional Services after execution of this Agreement without invalidating this Agreement.Except for services required due to the fault of the Owner’s Representative,any Additional Services provided in accordance with this Section shall entitle the Owner’s Representative to compensation pursuant to Section 9.4. § 4.2.2 Upon recognizing the need to perform the following Additional Services,the Owner’s Representative shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Owner’s Representative shall not proceed to provide the following Additional Services until the Owner’s Representative receives the Owner’s written authorization: .1 Services necessitated by a material change in the Project; .2 Services necessitated by the Owner’s or the Owner’s consultant’s and contractor’s failure to perform or to perform in a timely manner; .3 Services necessitated by an extensive amount of claims; .4 Preparation for,and attendance at,a public presentation,meeting,or hearing;and .5 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Owner’s Representative is party thereto. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide and update information to the Owner’s Representative regarding requirements for, and limitations on,the Project in a timely manner,including the information listed in Article 1 and Article 5 of this Agreement;information pertaining to other objectives,schedule constraints and criteria,and site requirements; and other information required for the Owner’s Representative to perform its services. § 5.2 The Owner shall collaborate with the Owner’s Representative to establish and periodically update the Project budget,including the Owner’s Representative’s costs,the cost related to the Owner’s consultants and contractors,and reasonable cost contingencies.If the Owner significantly increases or decreases the Project budget,the Owner shall promptly notify the Owner’s Representative. § 5.3 The Owner shall retain all consultants and contractors necessary to carry out the services or Work on the Project.The Owner shall provide the Owner’s Representative with copies of all executed agreements between the Owner and its consultants and contractors which may be redacted,at the Owner’s discretion,as necessary to protect proprietary and confidential information and any modifications to those agreements.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or Work provided.The Owner shall require all contractors to name the Owner’s Representative and its consultants as Additional Insureds on commercial general liability policies,where available. § 5.4 The Owner shall furnish all surveying,geotechnical engineering,legal,insurance,financing,and accounting services,including auditing services,and other services that may be reasonably necessary for the Project. § 5.5 The Owner shall furnish to its consultants and contractors copies of this Agreement,which may be redacted, at the Owner’s discretion,as necessary to protect proprietary and confidential information and any modifications thereto. § 5.6 The Owner shall provide prompt written notice to the Owner’s Representative if they become aware of any fault or defect in the Project,including errors,omissions,or inconsistencies in any documents produced by,or services provided by the Owner’s Representative or the Owner’s consultants and contractors. § 5.7 The Owner shall provide the Owner’s Representative access to the Project site and other facilities under the Owner’s control and associated with the Project.The Owner shall obligate its consultants and contractors to provide the Owner’s Representative access to the Project site wherever Work is in preparation or progress. ARTICLE 6 CLAIMS AND DISPUTES § 6.1 General § 6.1.1 The Owner and the Owner’s Representative shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 17187 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 11 by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and the Owner’s Representative waive all claims and causes of action not commenced in accordance with this Section. § 6.1.2 To the extent damages are covered by property insurance,the Owner and the Owner’s Representative waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they may have to the proceeds of such insurance.The Owner or the Owner’s Representative,as appropriate,shall require of their contractors,consultants,and agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 6.1.3 The Owner’s Representative shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages,losses,and judgments arising from claims by third parties,including reasonable attorneys’fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Owner’s Representative,its employees and its consultants in the performance of services under this Agreement.The Owner’s Representative’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend.The Owner’s Representative’s duty to indemnify the Owner under this Section shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 6.1.4 The Owner’s Representative and the Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party’s termination of this Agreement,except as specifically provided in Section 7.7. § 6.2 Mediation § 6.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Owner’s Representative’s services,the Owner’s Representative may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 6.2.2 The Owner and the Owner’s Representative shall endeavor to resolve claims,disputes,and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. § 6.2.3 The parties shall share the mediator’s fee and any filing fees equally.Unless another location is mutually agreed upon,the mediation shall be held in Aspen,Colorado..Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 6.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [] Arbitration pursuant to Section 6.3 of this Agreement [X ] Litigation in District Court,Pitkin County,State of Colorado [] Other:(Specify) If the Owner and the Owner’s Representative do not select a method of binding dispute resolution or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 18188 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 12 resolved in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 If the Owner fails to make payments to the Owner’s Representative in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Owner’s Representative’s option,cause for suspension of performance of services under this Agreement.If the Owner’s Representative elects to suspend services,the Owner’s Representative shall give seven days’written notice to the Owner before suspending services.In the event of a suspension of services,the Owner’s Representative shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services.Before resuming services,the Owner’s Representative shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Owner’s Representative’s services.The Owner’s Representative’s fees for the remaining services and the time schedules shall be equitably adjusted. § 7.2 If the Owner suspends the Project,the Owner’s Representative shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Owner’s Representative shall be compensated for expenses incurred in the interruption and resumption of the Owner’s Representative’s services.The Owner’s Representative’s fees for the remaining services and the time schedules shall be equitably adjusted. § 7.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Owner’s Representative,the Owner’s Representative may terminate this Agreement by giving not less than seven days’written notice. § 7.4 Either party may terminate this Agreement upon not less than seven days’written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 7.5 The Owner may terminate this Agreement upon not less than seven days’written notice to the Owner’s Representative for the Owner’s convenience and without cause. § 7.6 If the Owner terminates this Agreement for its convenience or the Owner’s Representative terminates this Agreement pursuant to Section 7.3,the Owner shall compensate the Owner’s Representative for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Owner’s Representative’s termination of consultant and contractor agreements. § 7.7 Termination expenses do not include an amount for the Owner’s Representative’s anticipated profit on the value of the services performed under this Agreement. (Set forth below the amount of any termination fee,or the method for determining any termination fee.) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 This Agreement shall be governed by the law of the State of Colorado.. § 8.2 The Owner and the Owner’s Representative,respectively,bind themselves,their agents,successors,assigns, and legal representatives to this Agreement.Neither the Owner nor the Owner’s Representative shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement,including any payment due to the Owner’s Representative by the Owner prior to the assignment. § 8.3 If the Owner requests the Owner’s Representative to execute certificates,the proposed language of such certificates shall be submitted to the Owner’s Representative for review at least 14 days prior to the requested dates of execution.If the Owner requests the Owner’s Representative to execute consents reasonably required to facilitate assignment to a lender,the Owner’s Representative shall execute all such consents that are consistent Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 19189 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 13 with this Agreement,provided the proposed consent is submitted to the Owner’s Representative for review at least 14 days prior to execution.The Owner’s Representative shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 8.4 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or the Owner’s Representative. § 8.5 Unless otherwise required in this Agreement,the Owner’s Representative shall have no responsibility for the discovery,presence,handling,removal,or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 8.6 During the Project,the Owner’s Representative shall be given reasonable access to take photographs and video of the Project in furtherance of its services performed pursuant to this Agreement.Unless otherwise agreed to by the Owner,the Owner’s Representative shall not have the right to publish photographs or videos of the Project for its promotional and professional materials in print or on social media. § 8.7 If the Owner’s Representative or the Owner receives information specifically designated by the other party as “confidential”or “business proprietary,”the receiving party shall keep such information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 8.7.1.This Section 8.7 shall survive the termination of this Agreement. § 8.7.1 The receiving party may disclose “confidential”or “business proprietary”information after 7 days’notice to the other party,when required by law,arbitrator’s order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors to perform services or Work solely and exclusively for the Project,provided those employees,consultants,and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 8.7. § 8.8 The invalidity of any provision of this Agreement shall not invalidate this Agreement or its remaining provisions.If it is determined that any provision of this Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case this Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties’intentions and purposes in executing this Agreement. § 8.9 Where one party is required to notify or give notice to the other party,such notice shall be provided in writing and shall be deemed to have been duly served if delivered in person,by mail,or by courier to the receiving party’s address listed above,or by electronic transmission if a method for electronic transmission is set forth in this Agreement. § 8.10 Unless otherwise agreed upon in writing,the Owner and the Owner’s Representative agree not to directly solicit for employment the employees of the other party who are involved with the Project prior to one year after completion of the Project.However,this Agreement does not restrict employees of either party from responding to publicly advertised positions. ARTICLE 9 COMPENSATION § 9.1 For the Owner’s Representative’s Basic Services described under Article 3,the Owner shall compensate the Owner’s Representative as follows: (Insert amount of,or basis for,compensation,including stipulated sums,hourly or monthly billing rates,direct salary expense plus multiple,or monthly fee.) Pre Construction Phase Services Time and Materials,with rates outlined Exhibit A -the September 22,2025,proposal submitted by Concept One Group.Not to exceed $162,720.00 unless authorized. Reimbursables to be billed at cost plus 10% § 9.2 The hourly billing rates for services of the Owner’s Representative and its consultants and contractors,if Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 20190 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 14 any,are set forth below.The rates shall be adjusted in accordance with the Owner’s Representative’s and its consultants’and contractors’normal review practices. (If applicable,attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate Project Director $235 Senior Project Director $175 Project Manager $150 Assistant Project Manager $115 Project Engineer $85 § 9.3 For Supplemental Services designated in Sections 4.1 the Owner shall compensate the Owner’s Representative as follows: (Insert amount of,or basis for,compensation.If necessary,list specific services to which particular methods of compensation apply.) § 9.4 For Additional Services that may arise during the course of the Project,including those under Section 4.2, the Owner shall compensate the Owner’s Representative as follows: (Insert amount of,or basis for,compensation.) § 9.5 Compensation for Supplemental and Additional Services of the Owner’s Representative’s consultants and contractors when not included in Section 9.3 and 9.4 shall be the amount invoiced to the Owner’s Representative plus Ten percent ( 10 %),or as follows: (Insert amount of,or basis for computing,Owner’s Representative’s consultant's compensation for Supplemental or Additional Services.) § 9.6 Compensation for Reimbursable Expenses § 9.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Owner’s Representative and the Owner’s Representative’s consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Dedicated data and communication services,teleconferences,Project web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Fees paid for testing,surveys or other data obtained at the request of the Owner; .5 Printing,reproductions,plots,standard form documents; .6 Postage,handling,and delivery or other delivery services; .7 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .8 Professional photography and presentation materials requested by the Owner; .9 If required by the Owner,and with the Owner’s prior written approval,the Owner’s Representative’s expenses of liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the consultants of the Owner’s Representative; .10 All taxes levied on reimbursable expenses,except taxes from which the Owner is exempt and appropriate documentation has been provided to the Owner’s Representative; .11 Site office expenses,if authorized in advance by the Owner;and .12 Other similar Project-related expenditures. § 9.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Owner’s Representative and the Owner’s Representative’s consultants plus Ten percent (10 %)of the expenses incurred. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 21191 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 15 § 9.6.3 (Insert the cost for the additional coverages the Owner’s Representative is required to obtain to satisfy the requirements in Section 2.4,and for which the Owner shall reimburse the Owner’s Representative.) § 9.7 Payments to the Owner’s Representative § 9.7.1 An initial payment of Zero ($0 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. § 9.7.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Owner’s Representative’s invoice. § 9.7.3 The Owner shall not withhold amounts from the Owner’s Representative’s compensation to impose a penalty or liquidated damages on the Owner’s Representative,or to offset sums requested by or paid to contractors or other consultants for the cost of changes to the Project,unless the Owner’s Representative agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 9.7.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times for a period of three years after the termination or completion of this Agreement. ARTICLE 10 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Contract shall be issued initially for preconstruction services $162,720,with intent to change order for subsequent future phases of project Future phases of project fee estimates: Construction Phase Estimated Fee Amount -$421,000.00 Warranty Phase Estimated Fee Amount -$65,060 ARTICLE 11 SCOPE OF THIS AGREEMENT § 11.1 This Agreement represents the entire and integrated agreement between the Owner and the Owner’s Representative and supersedes all prior negotiations,representations,or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and the Owner’s Representative. § 11.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C104™–2024,Standard Form of Agreement Between Owner and Owner’s Representative .2 Other documents: (List other documents,if any,including additional scopes of service forming part of this Agreement.) Exhibit A -Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22,2025 Exhibit B -Armory Hall_51685_CMA_RFP,Project 2025-309 This Agreement is entered into as of the day and year first written above. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 22192 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 16 /s1/ OWNER (Signature) BY:Pete Strecker -City Manager (Printed name and title) /s2/ OWNER'S REPRESENTATIVE (Signature) BY:Jack Wheeler IV -President (Printed name and title) Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 11/3/2025 | 8:52:24 AM MST 23193 Additions and Deletions Report for AIA®Document C104TM –2024 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note:This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:43:16 MDT on 10/31/2025. Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 1 Changes to original AIA text PAGE 3 Services expected include items identified,but not necessarily limited to,the following: PAGE 4 Team Meetings.Familiarize oneself with current plans and progress of the project,attend regular bi-weekly project meetings.Potentially organize future regular or as needed meetings based on need.Any meetings organized by CMa requires CMa to document meeting notes in detail,distribute notes/tasks lists and save files in a project folder for future turnover to the City upon completion.Meet with City Historic Preservation staff and monitor as needed and required by the land use approval documents. Compliance Review.Help to verify that City referral department requirements are being met with the progression of Construction Document (CD)set.Verify that referral agency comments are incorporated int the CD set,as well as any available entitlements requirements such as the land use approval ordinance. Document any possible compliance concerns,work with team to remediate as needed to maintain compliance. Review the requirements to consult with Historic Preservation staff and monitor set forth in the land use approval documents,representations made concerning historic preservation before City Council,and ensure these requirements are met and that HP staff and monitor are consulted when required. Constructability Review.The CMa should perform an additional review of the project designs to this point from the point of view of building feasibility and efficiency.Document any possible concerns or opportunities and work with the team as needed to remediate or improve.Although code compliance is the architect’s responsibility,seek to ensure that no code requirements or historic preservation requirements have been overlooked in the plans and seek to remediate if necessary. Budget Review.The estimator has created a construction budget based on the 100%Schematic Design package and is currently refining the budget based upon the 100%Design Development package.Aid preconstruction consultation and estimating effort with estimator and design team. Project Schedule and Refinement.Work with the architect and estimator to develop owner’s detailed project schedule.Review the project schedule and consider the local process,resources and building environment. Identify and document inconsistencies,concerns,or otherwise unrealistic assumptions in the project schedule. Work with the team,including the architect and estimator,as needed to refine the project schedule to be as realistic as possible for the current stage of development. Building Permit.Work with the team on assembly of building permit application documents and ensure that the building permit application process is completed successfully including any necessary follow-up items Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 24194 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 2 which must be submitted.Work with the team to track and document the process throughout the iterative re- submittal process of permit review.Follow up and guide solutions for any design issues encountered during the process including organizing any agency review meetings if needed.Drive completion of the permit process by shoring up any loose ends and ensuring that the building permit is procured as soon as feasibly possible. Construction Management Services GC Contract Administration.Act as the Owner’s agent for administration of the GC contract.Overall facilitation,coordination,organization and direction of the team including document control and management.Communicate,track and organize all elements of a typical AIA GC engagement including,but not necessarily limited to,progress tracking,schedule management,payment applications,submittals,RFIs, PCOs/COs/CCDs and so on.Facilitate problem solving and associated documentation among the project team to remediate open issues or challenges related to scope,constructability,design,etc.Understand the owner’s rights and contingencies in the contract,recommend actions or alternatives as needed,and execute such actions when directed. Weekly OAC Meetings.Attend weekly OAC meetings.Continue as needed throughout the duration of the contract. Site Visits.Site visits for on-site construction observation and troubleshooting.Anticipate the number will ramp up and then ramp down throughout the construction timeline dependent on the phase of construction. Agency Engagement.Communication and/or documentation with other agencies and partner entities as needed for project progress.For example,this may entail communication with the architect,GC and the building department over a right of way permit or other necessary administrative coordination to keep the project moving.Other examples of anticipated communications include communicating with local agencies to clarify or verify expectations or existing conditions that influence the project.It may also entail communication with neighboring residents,HOAs or property managers to discuss construction impact remediation.Communicate with Historic Preservation staff and monitor when required by the land use approval documents or building permit requirements.Other such activities are anticipated,and it is expected that there will be some regularity with this type of engagement. PAGE 5 Monthly Pay Application and Progress Summary Report.Prepare monthly package with pay application and progress summary report,including:cover letter summary with recommended actions,acceptable forms included such as AIA,invoices,conditional and unconditional lien waivers,GC pay application including schedule of values and completion to date,and progress summary narrative with observation and photos. Schedule Maintenance.Maintain updated GC schedule and Owner’s budget versus baseline,keep on top of GC change order log,submittal log,rfi log,and help with solutions to issues where needed. Occupancy and Closeout.Oversight and facilitation of GC completion and application for certificates of occupancy.Coordinate punch list process for building interiors,exteriors,site work,landscape,and irrigation system including irrigation water source and testing.Coordinate final inspections and any required paperwork. As-Built Documentation.Manage the production of and organize all as built documentation necessary for submittal to regulatory agencies sufficient to facilitate receipt of certificates of occupancy.Additionally organize as-built documents for owner’s records. Warranty Management Services Warranty Coordination.Warranty timeline is two years.Receive and track the aging and remediation of items for Armory Hall’s interiors,exteriors,site and landscape.Work with GC as needed to coordinate replacement or repairs.Coordinate with operator where necessary and accompany GC as needed for completion.Hours are expected to diminish toward zero over the course of the two-year warranty process. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 25195 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 3 Manage Post Construction Issues.Follow up and guide remediation of any ongoing design or construction issues remaining including organizing any agency review meetings if needed.Drive completion and ensure that Owner’s responsibilities are fulfilled.Hours are expected to diminish toward zero over the course of the two year warranty process. Additional Services.Identify additional services necessary for fulfillment of General Contractor’s obligations. Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22, 2025 PAGE 6 § 2.4.5 Employers’Liability6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1,000,000.00 )each accident,per claim and Two Million Dollars ($2,000,000.00 )each employee,and ($)policy limit.in the aggregate. § 2.4.7 Additional Insured Obligations. 2.4.7.1-The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds.Every policy required above shall be primary insurance,and any insurance carried by the City,its officers or employees,or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Owner’s Representative.No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations.The Owner’s Representative shall be solely responsible for any deductible losses under any policy required above. § 2.4.6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than ($)per claim and ($)in the aggregate.7.2-The certificate of insurance provided to the City shall be completed by the Owner’s Representative's insurance agent as evidence that policies providing the required coverages,conditions,and minimum limits are in full force and effect,and shall be reviewed and approved by the City prior to commencement of the contract.No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled,terminated or materially changed until at least thirty (30)days prior written notice has been given to the City. PAGE 7 § 2.4.7 Additional Insured Obligations.To the fullest extent permitted by law,.3-Failure on the part of the Owner’s Representative shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Owner’s Representative’s negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations.to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract,or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by City shall be repaid by Owner’s Representative to City upon demand,or City may offset the cost of the premiums against monies due to Owner’s Representative from City. 2.4.7.4-City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 2.6.7.5-The parties hereto understand and agree that City is relying on,and does not waive or intend to waive by any provision of this contract,the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence)or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,Section 24-10-101 et seq.,C.R.S.,as from time to time amended,or otherwise available to City,its officers, Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 26196 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 4 or its employees. § 2.4.8 The Owner’s Representative shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.47.6-City's Insurance.The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA)and as such participates in the CIRSA Property/Casualty Pool.Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Owner’s Representative for inspection during normal business hours.City makes no representations whatsoever with respect to specific coverages offered by CIRSA.City shall provide Owner’s Representative reasonable notice of any changes in its membership or participation in CIRSA. PAGE 8 § 3.1.10 The Owner’s Representative shall attend design,construction,and other meetings related to the Project. There is no limit to the Owner’s Representative’s virtual meeting attendance.The Owner’s Representative shall attend ()a minimum of 1 weekly in-person design,construction,and other meetings related to the Project.In- person meetings in excess of the limit stated in this Section shall be attended and compensated as Additional Services.When the in-person meeting limit is reached,the Owner’s Representative shall notify the Owner.during the construction phase.In addition the Owner’s Representative shall coordinate with Historic Preservation staff as needed and attend any meetings with the HP staff and monitor,including facilitating approval of any change in the design by HP staff and monitor. § 3.3.2 The Owner’s Representative shall consult with the Owner and Architect in soliciting and reviewing proposed contractors for the Project and shall assist the Owner in selecting contractors for the Project.The Owner’s Representative shall review Shaw Constructions GMP and GMP development. PAGE 10 § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required to assist the Owner with the Project.The Owner’s Representative shall provide the listed Supplemental Services only if specifically designated in the table below as the Owner’s Representative’s responsibility,and the Owner shall compensate the Owner’s Representative as provided in Section 9.3.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Owner’s Representative is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Owner’s Representative’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Owner’s Representative or the Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s Representative’s responsibility is provided below: (Describe in detail the Owner’s Representative’s Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit,identify the exhibit.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit, identify the exhibit.) § 4.2.3 If the services covered by this Agreement have not been completed within ()months of the date of this Agreement through no fault of the Owner’s Representative,an extension of the Owner’s Representative’s services beyond that time shall be compensated as Additional Services pursuant to Section 9.4. PAGE 11 § 6.2.2 The Owner and the Owner’s Representative shall endeavor to resolve claims,disputes,and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 27197 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 5 Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this Section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 6.2.3 The parties shall share the mediator’s fee and any filing fees equally.Unless another location is mutually agreed upon,the mediation shall be held in the place where the Project is locatedAspen,Colorado..Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. PAGE 12 [X ] Litigation in a court of competent jurisdictionDistrict Court,Pitkin County,State of Colorado § 6.3 Arbitration § 6.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute,or other matter in question arising out of or related to this Agreement subject to,but not resolved by,mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all claims,disputes,or other matters then known to that party on which arbitration is permitted to be demanded. § 6.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute,or other matter in question. § 6.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 6.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 6.3.4 Consolidation or Joinder § 6.3.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 6.3.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute,or other matter in question not described in the written consent. § 6.3.4.3 The Owner and the Owner’s Representative grant to any person or entity made a party to an arbitration conducted under this Section,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and the Owner’s Representative under this Agreement. § 6.4 The provisions of this Article 6 shall survive the termination of this Agreement. PAGE 13 § 7.7 In addition to any amounts paid under Section 7.6,if the Owner terminates this Agreement for its convenience,or the Owner’s Representative terminates this Agreement pursuant to Section 7.3,the Owner shall Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 28198 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 6 pay to the Owner’s Representative the following fee.Termination expenses do not include an amount for the Owner’s Representative’s anticipated profit on the value of the services performed under this Agreement. § 7.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. § 8.1 This Agreement shall be governed by the law of the place where the Project is located,except that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 6.3State of Colorado.. PAGE 14 Employee or Category Rate Project Director $235 Senior Project Director $175 Project Manager $150 Assistant Project Manager $115 Project Engineer $85 PAGE 15 § 9.6.3 If the types and limits of coverage required in Section 2.4 are in addition to the types and limits the Owner’s Representative normally maintains,the Owner shall pay the Owner’s Representative for the additional costs incurred by the Owner’s Representative for the additional coverages as set forth below: § 9.7.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Owner’s Representative’s invoice.Amounts unpaid () days after the invoice date shall bear interest at the rate entered below,or in the absence thereof,at the legal rate prevailing from time to time at the principal place of business of the Owner’s Representative. (Insert rate of monthly or annual interest.) % PAGE 16 Exhibit A -Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22,2025 Exhibit B -Armory Hall_51685_CMA_RFP,Project 2025-309 Variable Information PAGE 1 AGREEMENT made as of the Twenty-fourth day of October in the year Two Thousand Twenty-Five City of Aspen 427 Rio Grande Pl Aspen,CO 81611 Concept One Group Inc. 183 North 12th St Carbondale,CO 81623 Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 29199 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 7 970-456-6470 Armory Hall Adaptive Reuse and Conner Park Improvements 130 S.Galena Street Aspen,CO 81611 PAGE 2 Adaptive reuse of Armory Hall to include community gathering spaces,a food hall with five kitchens,a potential retail or grab and go component,and a visitor center. Conner Memorial Park improvements include a gathering plaza,new seating,walkways,multi-modal parking and landscape plantings. Armory Hall was constructed in 1892,located at 130 S.Galena Street and is a local and national historically designated building.Conner Memorial Park is a pocket park adjacent to Armory Hall. Not applicable at the time of contract execution. Not applicable at the time of contract execution. PAGE 3 Shaw Construction is currently engaged under a Preconstruction Services Agreement with the City of Aspen. Upon completion and acceptance of the Guaranteed Maximum Price (GMP),it is the City’s intent to enter into a Construction Contract with Shaw Construction based on the negotiated GMP. Not applicable at the time of contract execution. June/July 2026 Closeout anticipated 25 months after start. N/A General Contractor Shaw Construction,LLC 760 Horizon Drive #201 Grand Junction,CO 81506 Architect CCY Architects 228 Midland Ave. Basalt,CO 81621 Preconstruction services PAGE 6 § 2.4.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2,000,000.00 )for each occurrence and Three Million Dollars ($3,000,000.00 )in the aggregate for Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 30200 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 8 bodily injury and property damage. § 2.4.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Owner’s Representative with policy limits of not less than One Million Dollars ($1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance,and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.4.5 Employers’Liability6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1,000,000.00 )each accident,per claim and Two Million Dollars ($2,000,000.00 )each employee,and ($)policy limit.in the aggregate. PAGE 12 [X ] Litigation in a court of competent jurisdictionDistrict Court,Pitkin County,State of Colorado PAGE 14 Pre Construction Phase Services Time and Materials,with rates outlined Exhibit A -the September 22,2025,proposal submitted by Concept One Group.Not to exceed $162,720.00 unless authorized. Reimbursables to be billed at cost plus 10% PAGE 15 § 9.5 Compensation for Supplemental and Additional Services of the Owner’s Representative’s consultants and contractors when not included in Section 9.3 and 9.4 shall be the amount invoiced to the Owner’s Representative plus Ten percent ( 10 %),or as follows: § 9.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Owner’s Representative and the Owner’s Representative’s consultants plus Ten percent (10 %)of the expenses incurred. § 9.7.1 An initial payment of Zero ($0 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. PAGE 16 Contract shall be issued initially for preconstruction services $162,720,with intent to change order for subsequent future phases of project Future phases of project fee estimates: Construction Phase Estimated Fee Amount -$421,000.00 Warranty Phase Estimated Fee Amount -$65,060 Exhibit A -Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22,2025 Exhibit B -Armory Hall_51685_CMA_RFP,Project 2025-309 Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 31201 AIA Document D401 –2003.Copyright ©1992 and 2003.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Order No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 1 Certification of Document's Authenticity AIA®Document D401™–2003 I,Benjamin Levenson,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:43:16 MDT on 10/31/2025 under Order No.20250156399 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document C104TM - 2024,Standard Form of Agreement Between Owner and Owner's Representative,other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 32202 MEMORANDUM TO: MAYOR and COUNCIL MEMBERS FROM: James R. True DATE: November 5, 2025 MEETING DATE: November 11, 2025 RE: Resolution #152 (Series of 2025) Proposed Settlement Agreement/ City v. 359 Design (Burlingame III) REQUEST OF COUNCIL: The City Attorney’s Office and Matthew Ninneman, Hall and Evans, outside counsel hired to assist in this litigation, are requesting approval of a settlement agreement between the City of Aspen and the above-named Defendant that would fully and finally resolve the claims asserted by the City and others against 359 Design, LLC and various subconsultants involving the Burlingame III project. SUMMARY / BACKGROUND: As you may recall the Burlingame III project incurred numerous delays, changes and defects during its construction. All of these issues resulted in damages to the City and claims made by the City against the home manufacturer and architect of the project. Claims against the home manufacturer, Guerdon, LLC, were previously settled. Following mediation with 359 Design, its subconsultants and Bluegreen Inc., dba Bluegreen LLC (“Bluegreen”), all parties have reached a tentative agreement, which now must be approved by the City. ANALYSIS OF LITIGATION ISSUES: The City Attorneys and Mr. Ninneman have provided opinions in executive session and through confidential memoranda several times over the years since the project was completed and the individual units sold. Council can consider the information provided in these documents and meetings. However, given the fact that the litigation will continue if this settlement is not accepted, we must request that these communications remain privileged. CURRENT STATUS: Attached hereto is the proposed settlement agreement that has been negotiated through the mediation process. Pursuant to our standard practice, we requested and received signed copies of the agreement, which is the version that is attached. This was a complicated process as it involved numerous parties, not just the City and 359 Design. As noted above several subconsultants were brough into the discussions and through 33 2 insurance carriers each has contributed to the settlement. Also, Bluegreen filed liens against the units prior to their sale. To complete the sale, the City entered into an escrow agreement that held the 150% of the lien claims in escrow, allowing the title company to issue title to buyers pursuant to the law. This settlement will allow the return of the escrow to the City. The City will pay $52,000 to Bluegreen for its claims against 359 Design and the City, while Bluegreen’s insurance carrier will contribute $24,000 to overall the settlement being paid to the City. Ultimately, the City, through this settlement, will be paid $414,000, from which $52,000 will be paid to Bluegreen. This settlement substantially addresses the damages that the City has asserted it incurred and resolves the issues with Bluegreen, which will allow the return to the City of the escrow funds. ALTERNATIVES: Council can reject the resolution in which event the litigation will continue. RECOMMENDED ACTION: The City Attorney’s Office, Mr. Ninneman, and City staff recommend approval of Resolution #152, Series of 2025, which resolution approves the attached settlement agreement and authorizes the City Manager to execute such agreement. 34 RESOLUTION #152 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN THE CITY OF ASPEN AND 359 DESIGN, LLC; SOPRIS ENGINEERING, LLC; BLUEGREEN, INC. D/B/A BLUEGREEN; BG BUILDINGWORKS, INC. N/K/A RTM ENGINEERING CONSULTANTS, LLC; AND ASCENT GROUP, INC. D/B/A ASCENT STRUCTURAL ENGINEERING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT AGREEMENT AND MUTUAL RELEASE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Agreement and Mutual Release by and between the City of Aspen and 359 Design, LLC; Sopris Engineering, LLC; Bluegreen, Inc. d/b/a Bluegreen; BG Buildingworks, Inc. n/k/a RTM Engineering Consultants, LLC; and Ascent Group, Inc. d/b/a Ascent Structural Engineering, 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 Agreement and Mutual Release by and between the City of Aspen and 359 Design, LLC; Sopris Engineering, LLC; Bluegreen, Inc. d/b/a Bluegreen; BG Buildingworks, Inc. n/k/a RTM Engineering Consultants, LLC; and Ascent Group, Inc. d/b/a Ascent Structural Engineering, and hereby authorizes the City Manager to execute such Settlement Agreement and Mutual Release, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 11th day of November 2025. Rachael 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 11th day of November 2025. Nicole Henning, City Clerk 35 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Kate Johnson, City Attorney MEMO DATE: November 3, 2025 MEETING DATE: November 11, 2025 RE: Resolution #153, Series of 2025, Approving an Early Termination Agreement with Yogi’s LLC REQUEST OF COUNCIL: Approval of Resolution #153, Series of 2025, approving an agreement to terminate the lease between the City of Aspen and Yogi’s, LLC, for property located at 455 Rio Grande Place prior to the expiration of the lease. SUMMARY AND BACKGROUND: On April 11, 2023, City Council, via Resolution #050, Series of 2023, authorized the City Manager to execute a lease with Yogi’s, LLC (“Yogi’s”) for space located at 455 Rio Grande Place in Aspen, Colorado (the “premises”). The lease contemplated the buildout of a commercial restaurant, and use of the premises as a local affordable restaurant. On or about May 8, 2025, the City initiated eviction proceedings against Yogi’s due to Yogi’s failure to timely pay rent and its share of utility charges. While the City dismissed its initial complaint, circumstances arose which served as grounds for a subsequent eviction action. The City has stayed eviction proceedings on the condition that Yogi ’s find a new tenant for the leased premises and propose an agreement to assign the lease that meets with City Council’s approval. The goal in staying eviction proceedings was to fill the space with a restaurant operator as soon as was possible without delays caused by ongoing litigation. Despite good faith negotiations between City staff and Yogi’s, the parties have been unable to agree on an assignor that meets the needs of both parties. As an alternative, the parties have negotiated a settlement whereby Yogi’s agrees to terminate the lease early in exchange for a financial settlement. DISCUSSION: When the City first offered the space to interested operators, the space did not have a commercial kitchen, finishes, equipment, or other fixtures necessary to operate a restaurant. Yogis obtained a construction loan in the amount of approximately $1,000,000 to build out the leased premises , and purchase furniture, fixtures, and 36 Staff Memo, Resolution #153, Series of 2025 Page 2 of 2 equipment necessary to operate a restaurant. A third party personally guaranteed the loan, and the lender filed a UCC Financing Statement to secure its rights in the premises. Under the terms of the Agreement, the City would purchase from Yogi’s all right, title, and interest in and to the Lease, the premises, and the furniture fixtures, and equipment in the leased premises for a total of $300,000. In exchange, Yogi’s will relinquish all rights it has in the premises. Of the proceeds, $250,000 will be paid directly to the lender for the construction loan, and $50,000 will be paid to the owner of Yogi’s LLC. In addition, the City will return $5,000 of the $10,000 security deposit paid to the City by Yogi’s at the commencement of the lease. Upon receipt of payments, the third-party guarantor of the construction loan will cause the lender to release the City of Aspen, the premises, and the assets of Yogi’s from the UCC Financing Statement. Furthermore, the guarantor, Yogi’s LLC, and Yogi’s sole member in their personal capacity agree to indemnify the City from any liability arising out of or related to the premises, the Tenant’s use of the premises and any financial obligations related to the premises for which the City has not accepted responsibility for. Approval of the Agreement avoids uncertainties, expenses, and delays inherent in litigation that will ensue if the City pursues eviction and allows the City to lease the space to a new tenant without delay. FINANCIAL IMPACTS: Pursuant to the Early Termination Agreement, Yogi’s, LLC, and its lender will receive $300,000, plus the return of a portion of the security deposit, in exchange for relinquishing its rights to the premises and, additionally, the City will accept an assignment of two equipment leases for equipment installed in the leased premises. The approximate amount due under the equipment leases is $80,000. All outstanding rents, fees, and charges will be waived. RECOMMENDATIONS: Approval of the proposed Early Termination Agreement is within the discretion of Council. Nonetheless, staff supports approval of Resolution # 153, Series of 2025. ALTERNATIVES: Council can reject the proposed resolution; in which case the City could pursue eviction proceedings or continue to negotiate with Yogi’s to find an acceptable assignor to step into the shoes of Yogi’s and operate the space as a restaurant. Any such assignment agreement would need to be acceptable to Yogi’s and Council. Attachments: Resolution #153, Series of 2025 Early Termination Agreement – Exhibit A to Resolution #153 37 RESOLUTION NO. 153 (SERIES OF 2025) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN EARLY TERMINATION AGREEMENT CONCERNING PROPERTY LOCATED AT 455 RIO GRANDE PLACE, ASPEN, COLORADO WHEREAS, there has been submitted to the City Council an Early Termination Agreement by and between the City of Aspen, Yogi’s LLC, and Yogi’s LLC’s third-party guarantor, a true and accurate copy of which is attached hereto as “Exhibit A”, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: That the City Council of the City of Aspen hereby approves the Early Termination Agreement by and between the City of Aspen, Yogi’s LLC, and Yogi’s LLC’s third party guarantor to terminate the lease concerning property located at 455 Rio Grande Place, Aspen, Colorado prior to the lease’s expiration date, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 11th day of November 2025. ______________________________________ Rachael 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, November 11th, 2025. ____________________________________ Nicole Henning, City Clerk 38 EARLY TERMINATION AGREEMENT THIS EARLY TERMINATION AGREEMENT (this “Agreement”) is made as of November ____, 2025, by and among (i) The City of Aspen, a Colorado home rule municipality (“Landlord” or “City”), having an address of 427 Rio Grande Place, Aspen, CO 81611; (ii) Yogi’s, LLC, a Colorado limited liability company and Brendan Berl (collectively, “Tenant”), having an address of 488 Castle Creek Rd., Unit 101, Aspen, CO 81611; and (iii) Scott and Carly Weber (collectively, “Weber”), having an address of P.O. Box 1381, Aspen, CO 81612. Recitals WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated April 3, 2023 (the “Lease”), pursuant to which Landlord leased to Tenant a portion of certain real property in Pitkin County, Colorado, known as the Rio Grande Building, 455 Rio Grande Place, Aspen, CO 81611, as described and depicted in the Lease as the “Leased Premises” and “Additional Leased Premises.” The Leased Premises and Additional Leased Premises are referred to collectively in this Agreement as the “Premises.” Capitalized terms used herein that are not otherwise defined shall have the meaning assigned to them in the Lease. WHEREAS, together with the execution of the Lease, Brendan Berl (“Original Guarantor”) executed a Guaranty of Lease, personally guaranteeing the obligations and liabilities of Tenant under the Lease (the “Original Guaranty”). WHEREAS, Tenant has deposited a security deposit in the amount of $10,000.00 (the “Deposit”) with Landlord pursuant to the Lease, which Deposit Landlord is holding on behalf of Tenant. WHEREAS, the Lease expires on April 14, 2028. WHEREAS, on May 8, 2025, Landlord initiated eviction proceedings against Tenant based on Tenant’s failure to pay rent due under the Lease. Landlord dismissed those proceedings on the condition that, among other things, Tenant find a new tenant for the Leased Premises. WHEREAS, after several proposals to assign the Lease that were not acceptable to Landlord, Landlord now desires to purchase from Tenant all of its right, title, and interest in and to the Lease, the Premises, and the furniture, fixtures, and equipment in the Premises from the Tenant, and Tenant desires to terminate the Lease prior to the termination date set forth in the Lease under the terms and conditions set forth herein. WHEREAS, in connection with its buildout of the Leased Premises, Tenant obtained a construction loan from FirstBank in the principal amount of $920,000.00 (“FirstBank Loan”), which Weber personally guaranteed. FirstBank filed a UCC Financing Statement securing the FirstBank Loan against certain assets of Tenant, as set forth in the UCC filed with the Colorado Secretary of State on February 20, 2024 (“FirstBank’s UCC-1 Financing Statement”). Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 39171 2 WHEREAS, Weber is willing to take actions to secure FirstBank’s agreement to release the Premises, the Lease, and the assets of Tenant from FirstBank’s UCC-1 Financing Statement to facilitate Landlord’s buy out of the Lease from the Tenant as set forth herein and so as to ensure that the Leased Premises may quickly and successfully reopen as a restaurant accessible and affordable to Aspen residents. WHEREAS, at the onset of the Lease, the Premises were not finished and did not have a commercial kitchen. The City recognizes that the First Bank Loan financed the construction of a commercial restaurant kitchen, interior finishes, flooring, wall treatments, fire suppression system, and other improvements necessary to operate a public restaurant on the Premises. WHEREAS, the City and its future tenants may benefit from the improvements made by Tenant, and, because of those improvements, the City may immediately lease the restaurant space to a restaurant operator. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Termination of Lease. As of the Effective Date, Tenant agrees to relinquish all right, title, and interest in, to, and under the Lease, the Premises, and any of Tenant’s personal property in the Premises, including, but not limited to, the right to recover, or make demand for recovery of any refund, overpayment, or other sum which is now or hereafter may become due and owing from Landlord as a result of the reconciliation of Lease expenses, together with all of the rights, privileges and appurtenances with respect to the leasehold estate created by the Lease, and all of Tenant’s right, title, and interest in and to any remaining leasehold improvements located in the Premises, upon all of the terms and conditions herein set forth. Tenant will surrender the applicable Premises in good, clean condition, all in accordance with the terms of the respective Lease and all fixtures and equipment located in the Premises which cannot be removed without damage to the Premises. Any personal property which remains in the Premises on the Effective Date shall be deemed abandoned by Tenant and conveyed to Landlord, and Landlord may remove and dispose of the personal property without liability. If Tenant fails to surrender the Premises on the Effective Date, in addition to all other remedies available to Landlord under the Leases, Tenant shall pay to Landlord, as liquidated damages, the sum of $1,000 per day from the Effective Date of this agreement until the Tenant surrenders the Premises. 2. Consideration. As consideration for Tenant’s early termination of the Lease and vacation of the Premises and other covenants and agreements provided for herein, Landlord shall (i) pay to Tenant, in good and sufficient funds via wire transfer, the sum of FIFTY-FIVE THOUSAND DOLLARS AND 00/100 ($55,000.00) (the “Tenant Payment”), and (ii) pay to FirstBank in good and sufficient funds via wire transfer the sum of TWO HUNDRED AND FIFTY THOUSAND AND 00/100 ($250,000.00) to be applied to the FirstBank Loan (the “FirstBank Payment”). The Tenant Payment shall be wired to Tenant’s attorney’s trust account within three business days of mutual execution of this Agreement. The FirstBank Payment shall be wired in accordance with wiring instructions provided by Weber within three business days of mutual execution of this Agreement. Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 40172 3 3. Deposit. Landlord shall retain $,5,000 of the Deposit which shall be used to clean the Premises and repair equipment on the Premises. The remaining $5,000 of the Deposit shall be returned to Tenant and is included in the Tenant Payment amount set forth in paragraph 2 above. 4. Release of Tenant and Original Guarantor. As of the Effective Date, Tenant shall automatically be released of all obligations and liabilities arising under the Lease except to the extent expressly provided for in this Agreement. Also as of the Effective Date, the Original Guarantor shall automatically be released of all obligations and liabilities arising under the Original Guaranty. Landlord consents to the release of Tenant and Original Guarantor except to the extent expressly provided for in this Agreement. 5. Assignment and Assumption of Equipment Leases. (a) Tenant hereby assigns to Landlord as of the Effective Date all of Tenant’s right, title, interest, and obligations in, under, and to (i) the Commercial Equipment Lease Agreement between Tenant, as Lessee, and TimePayment Corp., as Lessor (the “TPC Lease”), and (ii) the Master Equipment Lease Agreement between Tenant, as Customer, and Geneva Capital, LLC, as Owner (the “Geneva Lease”); and (iii) the “Equipment” described in each of the TPC Lease and Geneva Lease, and Landlord assumes the same. (b) Without limiting the generality of Section 5(a), above, Landlord (i) accepts and agrees to perform all of the payment and other obligations under the TPC Lease and Geneva Lease as of the Effective Date; (ii) accepts the Equipment in its as-is, where is condition with all faults; and (iii) accepts the Equipment subject to the security interests set forth in the TPC Lease and Geneva Lease and the UCC-1 Financing Statements perfecting the same. (c) Tenant acknowledges and accepts that the UCC-1 Financing Statements filed by TimePayment Corp. and Geneva Capital, LLC against Tenant as “debtor” will remain of record unless and until amended or terminated by TimePayment Corp. and/or Geneva Capital, LLC. In the event Landlord pays in full all amounts owed under the TPC Lease and/or Geneva Lease, Landlord agrees to use best efforts to cause the UCC- Financing Statement(s) to be timely and fully terminated so as to release Tenant and the Equipment therefrom. (d) Tenant shall execute and deliver any further assignments, instruments of transfer, bills of sale, releases, or conveyances which may be reasonably necessary to allow the Landlord to negotiate the terms, conditions, or settlements of the TPC Lease and the Geneva Lease. 6. Tenant Representations. Tenant acknowledges, agrees, certifies, and represents to Landlord as follows: (a) Tenant has not assigned, transferred, or pledged the Lease or any interest therein or sublet all or any portion of the Premises and, as of the date hereof. Tenant has not executed Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 41173 4 any subordination, non-disturbance, and attornment agreements with respect to the Lease, and Tenant has not received any notice of any mortgagee of the Premises to which notices of default must be sent under the Lease; and (b) Tenant and the party executing this Agreement on behalf of Tenant is authorized to do so and agrees, upon request, to deliver to Landlord a resolution or similar document to that effect. 7. Landlord Concessions and Agreements. All unpaid Base Rent, Percentage of Gross Sales rent, common maintenance, insurance, utilities, and other charges, late charges, interest, and all other amounts due and owing from Tenant to Landlord as of the Effective Date are hereby waived and forgiven. 8. FirstBank’s UCC-1 Financing Statement. Conditioned upon Landlord’s payment of the FirstBank Payment in accordance with this Agreement, Weber shall cause FirstBank to release the City of Aspen, the Premises, the Lease, and the assets of Tenant from FirstBank’s UCC-1 Financing Statement or otherwise terminate the UCC-1 no later than four (4) business days after Landlord’s delivery of the FirstBank Payment. 9. Indemnifications. (a) By Tenant. Tenant and Brendan Berl, individually (collectively, the “Tenant Parties”) agree, jointly and severally, to indemnify and hold harmless the Landlord, and its respective members, managers, elected and appointed officials, agents, representatives, heirs, successors, and assigns from and against any and all claims, actions, causes of action, liens, liabilities, obligations, judgments, costs, and expenses (including reasonable attorney fees) of any kind or nature, whether known or unknown, arising out of or related to (i) the Premises, (ii) the construction of the Premises, (iii) Tenant’s use of the Premises and operation of its business at the Premises, and (iv) any financial obligations owed by Tenant to any third party, excluding only those obligations assumed by Landlord under this Agreement, prior to the Effective Date. (b) By Weber. Conditioned upon Landlord’s payment of the FirstBank Payment in accordance with this Agreement, Weber agrees, jointly and severally, to indemnify and hold harmless the Landlord and its respective members, managers, elected and appointed officials, agents, representatives, heirs, successors, and assigns from and against any and all claims, actions, causes of action, liens, liabilities, obligations, judgments, costs, and expenses (including reasonable attorney fees) of any kind or nature, whether known or unknown, arising out of or related to FirstBank’s UCC-1 Financing Statement. 10. Assurances. All parties acknowledge and agree that they will hereafter execute and deliver any further assignments, instruments of transfer, bills of sale, releases, or conveyances which may be reasonably necessary to fulfill all of the parties’ obligations and agreements hereunder and otherwise effectuate the intent and transactions contemplated herein. 11. Conditions of the Premises. Landlord accepts the Premises “AS IS” in the condition existing on the Effective Date. Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 42174 5 12. Disputes and Attorneys’ Fees. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement, without reference to the conflicts of law principles of that State. With respect to any dispute, legal action of any kind arising from the terms of this Agreement that any party may have, it is expressly agreed that such action shall be brought in the District Court of Pitkin County in the State of Colorado, and that such court shall be deemed to be the court of sole and exclusive jurisdiction and venue for the bringing of such action. In the event it becomes necessary for either party to employ counsel for advice regarding a default, or to respond, intervene, or otherwise become involved in any suit or proceeding Each party shall be responsible for its own attorneys’ fees. 13. Effective Date. The “Effective Date” of this Agreement shall be the date on which the last of Landlord, Tenant, and Weber execute this Agreement. 14. Approval by City Council. The Parties agree that any remedies the City may have for default under the Lease shall be stayed until this agreement is approved by the Aspen City Council by Resolution at a public meeting, which approval shall be at the sole and absolute discretion of City Council. If a Resolution of approval is not adopted on or before November 18, 2025, this agreement and all terms and conditions set forth herein shall be deemed void ab initio. 15. Nonreliance. The Parties to this Agreement expressly assume the risks that the facts or law may be, or become, different from the facts or law as presently believed by the Parties. The Parties represent that they have had the opportunity to consult with, and/or have consulted with counsel regarding this Agreement. 16. Entire Agreement. The Parties represent and agree that no promise, inducement, or agreement other than that expressed herein has been made to them and that this Agreement is fully integrated, supersedes all prior agreements, understandings, statements or representations and contains the entire agreement between them with respect to the subject matter hereof. 17. Voluntary and Informed Assent. The Parties represent and agree that they have read and fully understand this Agreement, that they are fully competent to manage their own personal and business affairs and to enter into and sign this Agreement, and that they are executing this Agreement voluntarily, free of any duress or coercion. 18. No Waiver. No failure to exercise and no delay in exercising any right, power or remedy under this Agreement shall impair any right, power or remedy which any Party may have, nor shall any such delay be construed to be a waiver of any such rights, powers or remedies or an acquiescence in any breach or default under the Agreement, nor shall any waiver of any breach or default of any Party be deemed a waiver of any default or breach subsequently appearing. 19. Miscellaneous. This Agreement may not be amended, modified or terminated except by an instrument, in writing, executed by the parties hereto. This Agreement may be executed in any number of counterparts which, together, will constitute one and the same instrument. This Agreement may be executed by electronic means, and a facsimile or other electronic signature will constitute an original signature for purpose of the execution of this Agreement. Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 43175 6 IN WITNESS WHEREOF, the parties have executed this Agreement, and the Agreement shall be effective as of the Effective Date. LANDLORD: City of Aspen By: Name: Peter Strecker Title: City Manager Date:____________________ TENANT PARTIES: Yogi’s, LLC, a Colorado limited liability company By: Name: Brendan Berl Title: Manager Date: _______________________________ Brendan Berl, individually (as to Section 11(a) only) Date: _______________________________ WEBER Scott Weber Date: _______________________________ Carly Weber Date:________________________________ Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 11/6/2025 11/6/2025 11/6/2025 11/6/2025 44176 3304800.1 Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 45177 1 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 28, 2025 Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Doyle, Benedetti, Rose and Guth present. PUBLIC COMMENT: David Eisenstat and his wife Nina – Mr. Eisenstat said he came before council last January and is here for the same reason tonight. A city water main broke right outside of their house and flooded 40% of their home. They lost a lot of personal items. Their home was uninhabitable for months on end during reconstruction. Last January, every member of City Council committed to doing the right thing to support them and they are still relying on it. We understand that the Council is taking up our discussion in executive session tonight. We want to give you an update, we submitted an itemized statement of our personal property losses to Tyler Christoff. Mayor Richards confirmed they will be discussing this item tonight and appreciate you being here. Charlie Tarver – Mr. Tarver said, Gideon Kauffman, you are a good man, and you will be missed. He said he always defends the city. He thought everything was good. Over the last few months, he has a view from the other side. He lives in an RO unit. He wanted to buy a unit but was told he couldn’t buy it. He was yelled at today by APCHA. He asked what rule allows this unit to be sold in this manner and asked how the rules are being enforced. It’s not a good look. Mike Maple – Mr. Maple said Council was going to look at fee waivers. He sent a proposal to council which he received no feedback on. He is here submitting a proposal again and would like some acknowledgement on his input. He has a comment on the call up item for HPC tonight. In this case, he can’t understand all of the incentives provided. There are two TDR’s offered and have a significant impact on the community. He is asking them to carefully consider this item. Also, you are considering a demolition allotment tonight and this program is an absolute disaster. Ryan Mahoney – Mr. Mahoney said this Thursday evening from 5-7 p.m., staff and the design team will be at Hoffman hotel, which will be open to the public. There will be Spanish translators as well to provide feedback on the airport design. This is a good time to get involved. You will see what the task force members have accomplished so far. Mayor Richards said he is an assistant county manager. Francis Stuckins – Mr. Stuckens mentioned Aspen Words and how we all have the avenues to communicate and change things in the Aspen spotlight. He is privileged to be a part of Aspen and APCHA. Our housing opportunities are continuing to grow. He’d like to see something happen with our restaurants. He would like to see something happen with the Yogi’s space. He has submitted some writings to Substack. He would like to see a cannabis consumption lounge in the new Armory. COUNCIL COMMENTS: Councilor Doyle said mosquitos have been reported in Iceland and Antarctica. Things are warming. Mayor Richards said it’s a true loss for the community to lose Gideon Kaufman. She first met him in 1979 and has known him for a long time, and he was always looking for the best for this community. It’s a sad event for all of us. 46 2 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 28, 2025 She also pointed out the upcoming election and said it’s probably too late to mail the ballot in so please drop off at the county. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: City Manager, Pete Strecker, recognized the budget team and thanked Council for the back-and-forth dialog and he is open to feedback to make that process better. He said the celebration of the opening of the Park Avenue project. BOARD REPORTS: Councilor Rose said he had Nordic Council with a light agenda and discussed the new trail at west Buttermilk. Councilor Guth said he had RFTA but nothing of note. Councilor Doyle said he had the CML policy committee and has RWAPA on Thursday. Mayor Richards spoke about ICE and people being unrightfully detained in the valley. She also said they will be presenting three different terminal plans for the airport renovation and are vigorously asking for public participation and input. CONSENT CALENDAR: Councilor Doyle motioned to approve the consent calendar; Councilor Rose seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. NOTICE OF CALL UP: – 504 W. Hallam – HPC resolution #10, Series of 2025 – Gillian White Ms White, Historic Preservation Planner, introduced the item and said this was a unanimous vote by HPC. Mayor Richards said there will be no call up. 406 W. Smuggler – HPC resolution #11, Series of 2025 – Gillian White Ms White introduced the item and said it was a unanimous vote for HPC. Mayor Richards said there will be no call up. ACTION ITEMS: Resolution #145, Series of 2025 – Demolition Allotment on 325 Park Avenue – Haley Hart Ms. Hart, City Planner, introduced the item and Chris Bryan, legal counsel for the applicant. Mr. Bryan congratulated the city on the waste diversion program and for Council passing that. He is still encouraging the Council to review the six allotment cap for the demolition program. His client was notified that no more allotments were available this year, so his client applied for an appeal. The resolution in front of you is a good solution for this client. He is not going to stand in the way of that. Mayor Richards said they had a work session on this process recently and said we do hope to make this process a lot easier. 47 3 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 28, 2025 Councilor Rose questioned the process of making their decision. Ms. Hart and City Attorney, Kate Johnson, explained the process. Councilor Rose said it seems that they make decisions just based on how people feel and if they are nostalgic. Mayor Richards said they have not denied anyone a permit and said no one is being arbitrary. Councilor Guth said he worked on a demolition in the county and there were a lot more people on site and it was more of a process. The timeline was five times as long. Councilor Guth motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. Resolution #148, Series of 2025 – Support of Aspen Ballot Measure 2B Mayor Richards introduced the item. Councilor Benedetti motioned to approve; Councilor Doyle seconded. Councilor Guth said he received a question about if this gets voted down does that mean the Lumberyard won’t get built and he said no, it will be built in phases. He is voting in favor of this. He is not seeing a better route and thinks it should be built in one phase. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried. EXECUTIVE SESSION: Ms. Johnson introduced the executive session. Councilor Rose motioned to move into executive session; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried at 6:21 p.m. ______________________ City Clerk, Nicole Henning 48 ORDINANCE #10 (Series of 2025) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROPRIATING AN INCREASE IN 1) THE 2025 MUNICIPAL BUDGET; AND 2) THE 2025 BUDGETS FOR COMPONENT UNIT FUNDS OF THE CITY OF ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERETO WHEREAS, pursuant to article 9 of the Aspen Home Rule Charter, the Council shall adopt the budget by resolution on or before the fiscal day established by law (December 15); and WHEREAS, the same article 9 of the Aspen Home Rule Charter allows for amendments to the adopted budget by ordinance in accordance with sections 9.7 and 9.12; and WHEREAS, the revised budgets as submitted in Exhibit A set forth the amounts to be appropriated for expenditure, and estimated revenues, for each accounting fund for the calendar year 2025. SECTION 1: NOW THEREFORE, be it resolved by City Council, that the budget for the Ci ty of Aspen, Colorado for fiscal year 2025, attached hereto as Exhibit A and incorporated herein by this reference, is hereby amended. All constituted appropriations amounting to $283,796,998, and estimated revenues amounting to $215,094,572 are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2025, as required pursuant to section 29-1-103 (2), C.R.S. SECTION 2: NOW THEREFORE, be it resolved by City Council, that the budget for Truscott Phase 2 Affordable Housing Fund for fiscal year 2025, attached hereto as Exhibit A and incorporated herein by this reference, is hereby amended. All constituted appropriations amounting to $2,373,028 and estimated revenues amounting to $1,476,800 are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2025, as required pursuant to 29-1-103 (2), C.R.S. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED ON FIRST READING on the 11th day of November 2025. A public hearing on the ordinance shall be held on the 18th day of November 2025, in the City Council Chambers, City Hall, Aspen, Colorado. 49 ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Rachael E. Richards, Mayor FINALLY ADOPTED AFTER PUBLIC HEARING on the 18th day of November 2025. ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Rachael E. Richards, Mayor Approved as to Form: ________________________ Katharine A. Johnson, City Attorney 50 Exhibit A. Fall Supplemental Ordinance 10, Series 2025 Section 1. City of Aspen Funds 2025 Opening Balance 2025 Original Adopted 2025 Spring 2025 Fall 2025 Amended Revenue 2025 Original Adopted 2025 Spring 2025 Fall 2025 Amended Budget 2025 Ending Balance General Governmental Fund 001 - General Fund $52,086,374 $51,925,349 $479,851 $212,610 $52,617,810 $50,784,863 $3,350,349 $817,518 $54,952,730 $49,751,453 Subtotal General Gov't Funds $52,086,374 $51,925,349 $479,851 $212,610 $52,617,810 $50,784,863 $3,350,349 $817,518 $54,952,730 $49,751,453 Special Revenue Governmental Funds 100 - Parks and Open Space Fund $13,574,661 $21,088,526 $150,000 $0 $21,238,526 $21,402,684 $7,032,238 $3,163,293 $31,598,215 $3,214,972 120 - Arts and Culture Fund $53,627,455 $9,972,960 $541,060 $0 $10,514,020 $9,146,130 $3,307,948 $979 $12,455,058 $51,686,417 130 - Tourism Promotion Fund $297,175 $4,479,750 $0 $0 $4,479,750 $4,479,750 $0 $0 $4,479,750 $297,175 131 - Public Education Fund $2,198 $4,629,360 $0 $0 $4,629,360 $4,629,360 $0 $0 $4,629,360 $2,198 132 - REMP Fund $4,355,376 $910,100 $0 $0 $910,100 $1,350,000 $233,941 $63,000 $1,646,941 $3,618,535 141 - Transportation Fund $28,129,912 $7,140,910 $319,720 $0 $7,460,630 $10,988,753 $1,023,058 $278,981 $12,290,792 $23,299,750 150 - Housing Development Fund $115,870,967 $27,469,339 $0 $0 $27,469,339 $24,180,350 $16,297,914 $4,275,000 $44,753,264 $98,587,042 152 - Kids First Fund $11,590,978 $4,713,180 $0 $0 $4,713,180 $3,806,820 $795,526 $119,181 $4,721,527 $11,582,631 160 - Stormwater Fund $4,598,970 $2,446,225 $0 $0 $2,446,225 $2,911,540 $153,564 $189,405 $3,254,509 $3,790,686 Subtotal Special Revenue Funds $232,047,692 $82,850,350 $1,010,780 $0 $83,861,130 $82,895,387 $28,844,189 $8,089,839 $119,829,415 $196,079,407 Debt Service Governmental Fund 250 - Debt Service Fund $308,618 $6,055,620 $0 $0 $6,055,620 $6,058,720 $0 $0 $6,058,720 $305,518 Subtotal Debt Service Fund $308,618 $6,055,620 $0 $0 $6,055,620 $6,058,720 $0 $0 $6,058,720 $305,518 Capital Projects Governmental Funds 000 - Asset Management Plan Fund $34,725,197 $10,545,830 $574,550 $0 $11,120,380 $13,437,300 $10,962,174 $609,704 $25,009,178 $20,836,399 Subtotal Capital Fund $34,725,197 $10,545,830 $574,550 $0 $11,120,380 $13,437,300 $10,962,174 $609,704 $25,009,178 $20,836,399 Enterprise Proprietary Funds 421 - Water Utility Fund $26,634,510 $13,116,788 $479,900 $0 $13,596,688 $16,863,453 $6,429,433 $1,909,777 $25,202,663 $15,028,535 431 - Electric Utility Fund $9,501,946 $14,725,999 $52,889 $0 $14,778,888 $14,839,412 $1,861,669 $46,724 $16,747,805 $7,533,029 451 - Parking Fund $9,356,467 $5,080,500 $0 $0 $5,080,500 $5,883,420 $268,000 $69,076 $6,220,496 $8,216,471 471 - Golf Course Fund $3,020,815 $3,498,393 $0 $0 $3,498,393 $3,302,090 $266,855 $70,128 $3,639,073 $2,880,135 491 - Truscott I Housing Fund $2,077,843 $1,551,150 $0 $0 $1,551,150 $1,816,970 $442,007 $33,631 $2,292,608 $1,336,385 492 - Marolt Housing Fund $2,252,313 $1,728,400 $0 $0 $1,728,400 $1,774,020 $32,873 $114,500 $1,921,393 $2,059,320 Subtotal Enterprise Funds $52,843,894 $39,701,230 $532,789 $0 $40,234,019 $44,479,365 $9,300,837 $2,243,836 $56,024,039 $37,053,874 Internal Proprietary Funds 501 - Employee Benefits Fund $2,025,355 $7,943,800 $0 $5,266,312 $13,210,112 $8,659,900 $0 $5,000,000 $13,659,900 $1,575,567 505 - Employee Housing Fund $7,038,843 $4,536,100 $0 $309,035 $4,845,135 $1,429,430 $2,765,090 ($255,843) $3,938,677 $7,945,301 510 - Information Technology Fund $1,916,623 $3,140,600 $0 $9,767 $3,150,367 $3,407,760 $916,580 $0 $4,324,340 $742,650 Subtotal Internal Service Funds $10,980,821 $15,620,500 $0 $5,585,114 $21,205,614 $13,497,090 $3,681,670 $4,744,157 $21,922,917 $10,263,518 ALL FUNDS $382,992,596 $206,698,878 $2,597,970 $5,797,724 $215,094,572 $211,152,725 $56,139,219 $16,505,054 $283,796,998 $314,290,170 Less Interfund Transfers $35,977,310 $367,901 $63,000 $36,408,211 $35,977,310 $367,901 $63,000 $36,408,211 NET APPROPRIATIONS $170,721,568 $2,230,069 $5,734,724 $178,686,361 $175,175,415 $55,771,318 $16,442,054 $247,388,787 Section 2. Fiduciary Funds 641 - Truscott Phase II Fund $1,369,332 $1,476,800 $0 $0 $1,476,800 $1,496,210 $822,032 $54,786 $2,373,028 $473,104 642 - Aspen Country Inn Fund $277,114 $747,400 $0 $0 $747,400 $801,160 $0 $0 $801,160 $223,354 Subtotal Component Unit Funds $1,646,446 $2,224,200 $3,174,188 $696,458 Revenues ExpensesOpening Ending Opening Revenues Expenses Ending 51 Exhibit B - New Requests Department/Description Operating Capital Section 1. City of Aspen Smuggler Bridge Maintenance $74,000 327 - Engineering Subtotal:$0 $74,000 000 - Asset Management Plan Fund Total:$0 $74,000 West End Congestion $50,000 327 - Engineering Subtotal:$50,000 $0 001 - General Fund Total:$50,000 $0 Parks Office Remodel $300,000 100 - Parks and Open Space Fund Total:$0 $300,000 Kids First Financial Aid $100,000 152 - Kids First Fund Total:$100,000 $0 West End Infrastructure Replacement Project $75,000 160 - Stormwater Fund Total:$0 $75,000 Glycol Supply for Truscott 1 $28,631 491 - Truscott I Housing Fund Total:$0 $28,631 Adjustment for Claims Paid from Insurance: Reimbursement will come from reinsurance $5,000,000 501 - Employee Benefits Fund Total:$5,000,000 $0 Employee Housing Lease at AABC 301A $38,700 505 - Employee Housing Fund Total:$38,700 $0 Total New Requests - Operating / Capital:$5,188,700 $477,631 Section 2. Fiduciary Funds Glycol Supply for Truscott 2 $28,631 641 - Truscott Phase II Fund Total:$0 $28,631 Total New Requests 641 & 642 Component Unit Funds:$0 $28,631 2025 FALL SUPPLEMENTAL NEW REQUESTS 52 2025 Fall Supplemental New Requests 000 Asset Management – Smuggler Bridge Maintenance $74,000 (One- Time) Financial Ask Staff is working to determine maintenance activities for the Smuggler Bridge on Power Plant Rd. Civil Engineering and Geotechnical consultants are being brought in to analyze existing conditions so next steps can be identified. $74,000 is necessary to analyze the existing conditions and identify necessary maintenance. Proposed Use of Funds and Expected Outcomes Proposed Use of Funds $25,000 will fund a bridge inspection, analysis and engineering recommended maintenance. $29,000 will provide geotechnical analysis of the surrounding soil composition. An additional $20,000 is being requested to fund any additional work necessary to get an RFP out to bid for the design and construction community. Expected Outcomes Bridge Inspection Structural Alternatives Study Geotechnical Analysis Report Necessary information to deliver RFP for Smuggler Bridge Maintenance Why This Matters Smuggler Bridge provides an important alternate route connecting neighborhoods north of Aspen to downtown core and the surrounding areas and provides alternate access during peak rush hours. The bridge, originally constructed in 1973, has experienced significant wear in recent years due to its significant daily use. The asphalt driving surface has deteriorated, resulting in the formation of potholes. As staff repaired potholes, they found further underlying degradation including considerable rust on the steel deck structure and resulting multiple perforations. This request funds essential maintenance on aging infrastructure to preserve safety, extend the bridge’s service life, and prevent the need for more extensive and costly repairs in the future. It will also protect our community’s mobility and public resources, while the larger Entrance to Aspen is being considered. Risks if Not Funded The Smuggler Bridge assessment and maintenance design are critical community priorities. If this supplemental is not approved, this could delay the project timing. 53 2025 Fall Supplemental New Requests 001 General Fund - 327 Engineering – West End Congestion $50,000 (One-Time) Financial Ask $50,000 is requested to advance the projects laid out by council on the August 18th Work Session regarding West End Traffic Congestion. Funding is requested for new projects not originally scheduled. Proposed Use of Funds and Expected Outcomes Proposed Use of Funds Staff will use funds to start analysis and planning on the following projects as directed by council: 1. Vehicle Barriers on W Hallam St. 2. Additional Pedestrian Areas 3. One-Way Alley Sign Installations 4. Installation of additional Speed Limit Signs and Painted Stop Bars 5. Bulb outs at key intersections 6. Restrictions on Power Plant Rd. 7. Neighborhood Signing Plan 8. Investigate School Zone signage at the Yellow Brick 9. Review technology and methodology for noise code and noise violation enforcement 10. Review signal timing with CDOT for the SH 82 Corridor 11. Investigate potential signaled pedestrian crossing at 8th street in place of the rapid flash beacons 7. Analysis of a no right turn onto E Bleeker from Mill Street during the PM peak 8. Investigate the feasibility of congestion pricing in the West End 9. Investigate the feasibility of cordoning off west end Expected Outcomes Respond to Neighborhood concerns of traffic in the West End Balance pedestrian and bicycle safety with vehicle use of the West End Why This Matters This topic was previously presented to Council on August 18th. The Follow-Up memo is attached. Risks if Not Funded If not funded staff will not be able to advance the projects requested by council. 54 2025 Fall Supplemental New Requests 100 Parks & Open Space Fund – Parks Office Remodel $300,000 (One- Time) What is the Financial Ask? Asset and Parks staff are requesting $300,000 of additional funds of be added to the Parks Office Remodel Project (Project 50329) $2,444,695 was authorized to be included in the Fall 2025 Budget Supplemental on March 25th, 2025, via resolution 029, series of 2025. In addition to that, this $300,000 of spending authority is requested based upon a risk assessment of the project at its current state. Description of The Current Status / Problem / Opportunity (The Why): The Parks Office Remodel Project is currently within its approved budget, and no funds have been spent beyond what has been authorized. However, based on risk analysis and forecasting, staff anticipates the project may run over budget as it progresses. At approximately 27% completion, change orders total about 9% of the original contract value. The primary driver has been concealed conditions uncovered during demolition that expanded the building envelope scope. Additional impacts include the need to upsize wire and conduit due to the finalized trench path, rocky soil conditions that required a concrete retaining detail, and tariff- related material price increases. Description of The Proposed Solution (The What): Staff recommends approval of a supplemental allocation of $300,000 which represents a 5% increase in the total project cost, in addition to the $2,444,695 already approved by Council in Resolution 029, Series of 2025. This ensures the Parks Office Remodel Project has adequate funding to address risks and unforeseen conditions. As construction progresses, the likelihood of new unforeseen costs will decline; while it is not expected that the full amount will be needed, this request provides the flexibility to manage costs responsibly and avoid future budget and timeline interruptions. The Parks Department is also committed to reducing overall project costs through in-house contributions and value-driven decisions. For example, Parks staff will self-perform the installation of pavers and a retaining wall in the bike storage area, an effort expected to save nearly $30,000. Impacts If Not Approved / Alternatives: Without supplemental funding, the project may be able to reach completion but would do so with little to no margin for unforeseen conditions, creating a higher risk of deferrals, or schedule impacts. While staff will continue to pursue in-house contributions and cost savings, the absence of supplemental funding limits flexibility and increases the likelihood of returning to Council later; approving this request provides the assurance that the project can be completed responsibly and without compromise. 55 2025 Fall Supplemental New Requests 152 Kids First Fund – Financial Aid 2025, $100,000 (One-Time) Financial Ask Aspen City Council recently approved additional funding for the Kids First financial aid program for the year 2026. Kids First is requesting an additional $100,000 to meet the year 2025 needs of families who may qualify for financial aid under the revised income and cost parameters approved by Aspen City Council. This additional funding will be necessary to fully support the 2025 financial aid program. Proposed Use of Funds and Expected Outcomes Aspen City Council has approved new financial aid funding parameters and funding beginning in 2026. Kids First would like to implement this new funding model for applicants submitting by November 1, 2025, allowing families to benefit starting December 1, 2025, rather than waiting until the first financial aid deadline of February 1, 2026. Funds will be used to support both existing financial aid recipients and new applicants beginning in December 2025. The increase in financial aid for families will support the community and result in more families receiving financial assistance. Why This Matters One of Aspen City Council’s goals is to expand access to affordable childcare. Over the past several months, Kids First and City Council have worked together to establish new parameters for families applying for childcare financial aid. These parameters were designed to better assist families with the cost of care in our community. Kids First has proposed a change to the income and cost parameters as follows: Current Parameters: Family income poverty levels were between 265% and 600%. Family cost was 10% to 20%. Proposed Parameters: Family poverty levels between 265% and 750%. Family cost 7% to 18%. This adjustment expands eligibility, allowing additional families to qualify and apply for the financial aid program. While the changes are scheduled to take effect in 2026, Kids First is implementing Council’s desire that families should benefit as soon as possible. With additional funding, Kids First can implement the new model starting December 1, 2025 (for families who submitted before financial aid deadline of November 1, 2025) and begin supporting families sooner. Risks if Not Funded Without additional funding, financial aid would continue under the current structure, supporting fewer families in the community. The momentum and community support generated by the new funding model would be delayed until the next financial aid deadline in March 2026. 56 2025 Fall Supplemental New Requests 160 Stormwater Fund – West End Infrastructure Replacement Project $75,000 (One-Time) Financial Ask $75,000 of additional funding is requested for the West End Infrastructure Replacement Project. Proposed Use of Funds and Expected Outcomes Proposed Use of Funds Funds will be used for a survey of the Gillespie Roadway corridor in to proceed with drainage infrastructure design over the winter and be ready for construction in 2026. Expected Outcomes These funds will advance the Design project over the winter months. Additional funds are available in January but due to snow conditions, survey work would not happen until April if not done in advance snowfall. Because of sensitive timing, the team forwarded this work. Why This Matters These funds are needed to further Councils’ goal of replacing aging infrastructure. The original project funding went entirely toward master planning and determining the most critical locations of stormwater infrastructure improvements in the West End. As the team progressed with the master plan it became apparent that the starting point should be along the Gillespie. To complete design work over the winter months a survey was needed prior to snowfall. The requested supplemental funds will ensure no delays and construction ready documents available to go out to bid for construction in the summer of 2026. The work is completed, but the funding is requested here to bring the project authority to full. Risks if Not Funded If not funded staff will look for other buckets to fill this shortfall because the authority was already expended to ensure no weather-based delays push this project out another year. 57 2025 Fall Supplemental New Requests 491 Truscott I Fund – Glycol Supply for Truscott $28,631 (One-Time) Financial Ask APCHA is requesting a supplemental budget allocation to procure a bulk supply of industrial-grade propylene glycol for the Truscott housing complex. This purchase is essential to address a critical infrastructure vulnerability: the complete absence of glycol in the plumbing system across all 196 residential units. Glycol is a standard antifreeze agent used in closed-loop heating systems to prevent pipe freezing and rupture during winter months. Securing a full system-wide supply at this time not only resolves an immediate infrastructure risk but also offers long-term budgetary benefits. A one-time bulk purchase eliminates the need for piecemeal procurement or emergency sourcing during peak winter months—when costs are elevated and contractor availability is limited. This request is split evenly between Truscott Phase I and Truscott Phase II. Total New Expenditure Authority Requested Truscott Phase I Allocation and Request: $28,631.00 Estimated Cost: $57,262.00 – This includes both the procurement of glycol and the expected labor costs for a licensed plumber to perform system flushing, injection, and testing across all plumbing zones. This estimate also includes a 15% contingency for unforeseen expenses and reflects current Aspen market rates. Volume: ~700 gallons of premixed propylene glycol with corrosion inhibitors Unit Cost: $1,200 per 50-gallon barrel (total 14 barrels) Proposed Use of Funds and Expected Outcomes Proposed Use of Funds Purchase and delivery of a full truckload of propylene glycol. System-wide injection and flushing of glycol into all plumbing zones at Truscott. Expected Outcomes Elimination of annual pipe bursts in winter months. Protection of baseboard heating systems and water heaters. Reduced emergency maintenance costs and tenant disruption. Improved system longevity and operational efficiency. Why This Matters While glycol was used in Truscott's plumbing system at one point, it was eventually phased out—likely due to incremental cost-saving decisions and shifting maintenance priorities over time. This absence has left the system vulnerable to freeze-related failures, contributing to multiple pipe bursts each winter. Reintroducing glycol now, through a one-time bulk purchase, represents a strategic correction that will stabilize the infrastructure, reduce emergency repair costs, and support long-term budget predictability. Operational Impact Glycol absence is a life safety and infrastructure risk. Emergency repairs cost $5,000–$10,000 per incident. 58 2025 Fall Supplemental New Requests Glycol installation is a preventive measure that aligns with APCHA's mission of safe, stable housing. Council/City Goals Alignment Supports Stewardship and Service values. Reduces long-term capital expenditures. Enhances tenant safety and housing reliability. Risks if Not Funded Failure to fund this request will result in continued exposure to winter pipe bursts, which have historically led to costly emergency repairs, tenant displacement, and increased liability. Continued winter pipe bursts and emergency repairs. Increased liability and tenant dissatisfaction. Deferred maintenance will escalate costs and system degradation. 59 2025 Fall Supplemental New Requests 501 Employee Benefits Fund – Funding Increase for Health Insurance Costs $5,000,000 (One-Time) Financial Ask Additional budget authority of $5,000,000 is requested to support expenditures related to high cost and utilization of benefits within the City’s partially self-insured health plan. This will be offset by reinsurance revenue reimbursement of approx. $5.2 million. Net positive impact to the fund of approx. $0.2M. Proposed Use of Funds and Expected Outcomes Proposed Use of Funds $5,000,000 of one-time expense authority to increase total budget to projected 2025 claims Expected Outcomes Ensure the 501 Employee Benefits Fund has sufficient budget authority for projected 2025 expenses City avoids audit findings and maintains fiscal compliance City maintains uninterrupted coverage & upholds commitment to employee wellbeing, to ensure access to healthcare for city employees and dependents Employees facing serious health issues are not penalized by budgetary shortfalls & reinforces City's commitment to compassionate governance Why This Matters The City of Aspen operates a partially self-insured health plan, meaning it takes on the financial risk of the health insurance plan, with partially offsetting the financial risk from single high claimants and/or aggregate claims volume through a stop loss or excess insurance policy. Over the years, this model has worked exceptionally well for the city by keeping administrative costs low, which are typical of fully insured plans. Recently, the health plan has seen a significant uptick in volume, costs of services, and in high dollar individual claims. Continued assessment of plan design modifications remains a key focus of the organization to ensure employees and dependents have accessible and reliable health care. That said, based on current claims data, projections place the city reaching the aggregate stop loss maximum on claims this year. Although the aggregate number may fluctuate slightly due to changing enrollment numbers, based on the current information at hand, an increase to the appropriation of $5,000,000 is required to fully cover the potential out-of-pocket amount the city is responsible for if claims continue at their current rate. Risks if Not Funded If this request is not approved, it is possible that actual expenditures could exceed existing budget authority. This will cause an audit finding in our 2025 audit. 60 2025 Fall Supplemental New Requests 505 Employee Housing Fund – Employee Housing Lease for AABC 301A $38,700 (One-Time) Financial Ask Staff are requesting additional one-time budget authority of $38,700 to fund the lease of Unit 301 A, located in the AABC, Aspen, CO. Proposed Use of Funds and Expected Outcomes Proposed Use of Funds The funds will be used to pay for a private market housing lease. Expected Outcomes Staff retention, morale, and reduction of stress Housing equity, access to stable housing Fiscal flexibility and prudence Why This Matters The lease started July 1st, 2023, ending June 30th, 2024, for $3,000/month. Since the lease commenced it has continued to be renewed and has been officially extended to June 30th of 2026. At each annual renewal a 5% increase has been incurred. An expense of $38,700 for 2025, and $19,800 for 2026 is known and guaranteed. The 2026 and 2027 request assumes the lease will be renewed again July 1st of 2026 and July 1st of 2027 with a 5% increase every year. One-Time Supplemental budget authority asks this year and disclosing future request in Spring 2026: 2025: $38,700 one-time 2026: $40,500 ongoing While trying to maximize the quantity and quality of affordable housing option for Staff; the City is always analyzing different opportunities on the private market that may be advantageous for purchase or lease. Staff believe Unit 301 A, located in the AABC, Aspen, CO is currently worth leasing for staff. Risks if Not Funded The 505 operations budget will overrun the current annual budget authority allocation with the expense of this lease. Staff would be forced to not renew the lease next year and the City employee housed in this unit would need to find another option elsewhere on their own. 61 2025 Fall Supplemental New Requests 641 Truscott II Fund – Glycol Supply for Truscott $28,631 (One-Time) Financial Ask APCHA is requesting a supplemental budget allocation to procure a bulk supply of industrial-grade propylene glycol for the Truscott housing complex. This purchase is essential to address a critical infrastructure vulnerability: the complete absence of glycol in the plumbing system across all 196 residential units. Glycol is a standard antifreeze agent used in closed-loop heating systems to prevent pipe freezing and rupture during winter months. Securing a full system-wide supply at this time not only resolves an immediate infrastructure risk but also offers long-term budgetary benefits. A one-time bulk purchase eliminates the need for piecemeal procurement or emergency sourcing during peak winter months—when costs are elevated and contractor availability is limited. This request is split evenly between Truscott Phase I and Truscott Phase II. Total New Expenditure Authority Requested Truscott Phase II Allocation and Request: $28,631.00 Estimated Cost: $57,262.00 – This includes both the procurement of glycol and the expected labor costs for a licensed plumber to perform system flushing, injection, and testing across all plumbing zones. This estimate also includes a 15% contingency for unforeseen expenses and reflects current Aspen market rates. Volume: ~700 gallons of premixed propylene glycol with corrosion inhibitors Unit Cost: $1,200 per 50-gallon barrel (total 14 barrels) Proposed Use of Funds and Expected Outcomes Proposed Use of Funds Purchase and delivery of a full truckload of propylene glycol. System-wide injection and flushing of glycol into all plumbing zones at Truscott. Expected Outcomes Elimination of annual pipe bursts in winter months. Protection of baseboard heating systems and water heaters. Reduced emergency maintenance costs and tenant disruption. Improved system longevity and operational efficiency. Why This Matters While glycol was used in Truscott's plumbing system at one point, it was eventually phased out—likely due to incremental cost-saving decisions and shifting maintenance priorities over time. This absence has left the system vulnerable to freeze-related failures, contributing to multiple pipe bursts each winter. Reintroducing glycol now, through a one-time bulk purchase, represents a strategic correction that will stabilize the infrastructure, reduce emergency repair costs, and support long-term budget predictability. Operational Impact Glycol absence is a life safety and infrastructure risk. Emergency repairs cost $5,000–$10,000 per incident. Glycol installation is a preventive measure that aligns with APCHA's mission of safe, stable housing. 62 2025 Fall Supplemental New Requests Council/City Goals Alignment Supports Stewardship and Service values. Reduces long-term capital expenditures. Enhances tenant safety and housing reliability. Risks if Not Funded Failure to fund this request will result in continued exposure to winter pipe bursts, which have historically led to costly emergency repairs, tenant displacement, and increased liability. Continued winter pipe bursts and emergency repairs. Increased liability and tenant dissatisfaction. Deferred maintenance will escalate costs and system degradation. 63 Exhibit C Department/Description Operating Capital Transfers Out Section 1. City of Aspen Previously Approved by Council Park Ave Infrastructure Improvement Project: Resolutions 062, 063 and 064 approved by council on April 22, 2025 for Change Orders for both Park Ave Infrastructure Improvement Project & the Park Ave Pipe Replacement Project. $535,704 327 - Engineering Subtotal:$0 $535,704 $0 000 - Asset Management Plan Fund Total: $0 $535,704 $0 Community Health Services Grant Funding: At the August 11, 2025, work session, Council reviewed and approved an off-cycle funding request from Community Health Services, Inc. $8,091 112 - Mayor & Council Subtotal:$8,091 $0 $0 KLJ Grant Writing Contract: Council approved the contract through resolution 53, Series 2025 on April 22, 2025 for $63K of $170K from REMP Fund, $57K from DOLA Grant already appropriated in Spring Supp, and $50K covered from operating budget. $63,000 114 - City Manager Subtotal:$63,000 $0 $0 Net Zero Ask for Various Services: This is a net zero impact request to cover various grants and overtime services. The grants received were through the I-70 Training Region, which helped with part of the payment for two officers to attend the 2025 Co-Responder Conference, for High Visibility Impaired Driving Enforcement (HVE Colorado), for Aspen Police to assist with Jazz Aspen, and other community events, where officers worked overtime and police were reimbursed for their time. Additionally, the police department was awarded grants from the Aspen Community Foundation, which offered an opportunity to host an event for APD families to explore various wellness resources, and Holy Cross, which allows officers to take kids out shopping for the holidays. An annual grant was received from a family to provide scholarships to Aspen High School Graduates. Lastly, we have received a grant from the Bureau of Justice Assistance (BJA), which covers 50% of officers' regular duty body armor vests. $36,121 221 - Police Subtotal:$36,121 $0 $0 July 4th Event: Council approved an additional $55k for July 4th celebration. Reso 90, series 2025. Approved June 24, 2025 $55,000 532 - Special Events Subtotal:$55,000 $0 $0 001 - General Fund Total: $162,212 $0 $0 Aspen Recreation Facility Improvements: On October 28, 2025, City Council approved Resolutions 142 & 146, approving $199,705. This included $171,205 is for the design services and $28,500 for pre-construction services. $199,705 Castle Creek Underpass Retaining Wall: Resolutions 121 and 122 of 2025 approved a contract with Meridian Contracting, Inc. for work to be performed at the trail underpass at Castle Creek Bridge. $40,000 Conner Park Timing and Change Order with Design Workshop: On June 10, 2025, City Council approved Resolution #079, which executed a change order for design work of Conner Park with the firm Design Workshop. $170,050 Parks Office Remodel Contract for Construction: On March 25, 2025, City Councial approved Resolutions 029, 030, 044 for the remodel of the parks offices on Cemetery Lane. $2,444,695 100 - Parks and Open Space Fund Total: $0 $2,854,450 $0 2025 FALL TECHNICAL ADJUSTMENTS 64 Exhibit C Department/Description Operating Capital Transfers Out 2025 FALL TECHNICAL ADJUSTMENTS KLJ Grant Writing Contract: $63K of $170K from REMP Fund $63,000 132 - REMP Fund Total: $0 $0 $63,000 Regional Fare Free Transit Pilot: In keeping with their congestion reduction goal, City Council approved Resolution #69 on May 13 of 2025, approving the contribution of $275,000.00 for a regional fare-free transit pilot in Fall of 2025. $275,000 141 - Transportation Fund Total: $275,000 $0 $0 Priority Unit at Carter Condominiums: Council approved on September 30th, 2025, via Resolution #099 Series of 2025, purchase of a unit priority at the Carter Condominiums Habitat L3 in Glenwood Springs, CO $150,000 Mobile Home Park Land Purchase Contribution: Council supported downvalley housing stability by preserving affordable community spaces, preventing speculative investor acquisitions, and protecting current residents from displacement. $3,125,000 West Mountain Regional Housing Coalition Good Deeds Grant: City Council approved the $1 million contribution on July 8th 2025 via Resolution #097 Series of 2025, supporting a regional deed restriction program towards affordable housing. $1,000,000 150 - Housing Development Fund Total: $4,275,000 $0 $0 Stormpipe Lining Project: Resolutions 082 and 093 Series of 2025 - Additional Funds for the Stormpipe Lining Project - Approved by Council at the July 8th Meeting. $114,405 160 - Stormwater Fund Total: $0 $114,405 $0 51795 Water and Pipeline Locating Equipment, Service Line Potholing Project: Contract awarded to Timberline Excavation - Resolution #102 of 2025, Meeting Date: July 22nd, 2025. Approved additional $17,500 to increase existing $200,000 budget to match contract amount. $17,500 52014 Maroon Creek Pipeline Repair: Contract awarded to Elite Pipeline Services via Resolution #092 of 2025, Meeting Date: June 24th, 2025 and July 16, 2025. $148,725 52015 SCADA Improvements Remote Site Radio Conversion: Contract awarded to Timber Line Electric and Control Corporation (TLECC), for supply and installation of radio equipment at eight remote water distribution sites. Resolution # 071 of 2025, Meeting Date: May 27th, 2025. New project and budget authority for $192,162 to complete project. $192,162 50763 Wrights Road Waterline Project: Contract awarded to Stutsman Gerbaz, Inc. in the amount of $2,599,495.00 for the construction of the Wrights Road Waterline Project, contract awarded to SGM, Inc. in the amount of $100,259.89 for construction oversight and construction phase engineering services for the Wrights Road Waterline Project, and approved contingency via Resolutions 024, 025, and 026 of 2025, Meeting Date: February 25th, 2025. $845,000 Park Ave Infrastructure Improvement Project: Resolutions 062, 063 and 064 approved by council on April 22, 2025 for Change Orders for both Park Ave Infrastructure Improvement Project & the Park Ave Pipe Replacement Project. Change Order addressed construction solutions for previously unknown field conditions discovered once the project was mobilized. $678,689 421 - Water Utility Fund Total: $0 $1,882,076 $0 Parking Garage Caulking Project: Resolution 42, approved on March 25, 2025 $43,865 451 - Parking Fund Total: $0 $43,865 $0 Truscott 1 Playground Equipment Replacement: The Truscott Playground Improvement project was approved by City Council on July 22, 2025 (Resolution #2025-200). $5,000 491 - Truscott I Housing Fund Total: $0 $5,000 $0 65 Exhibit C Department/Description Operating Capital Transfers Out 2025 FALL TECHNICAL ADJUSTMENTS Marolt Interior Painting: The Marolt Interior Painting project was approved by City Council on March 12, 2025 under Resolution #32-2025. $114,500 492 - Marolt Housing Fund Total: $0 $114,500 $0 Total Previously Approved Requests:$4,712,212 $5,550,000 $63,000 Accounting and Other Adjustment for Change in Accounting: Golf moved to a standalone POS system requiring a change in accounting for credit card processing fees. $70,000 471 - Golf Course Fund Total: $70,000 $0 $0 Removal of Housing Stipend Program: Re-evaluation of this program because of equity considerations, and removal of the appropriation ($600,000) Recording the COGS of the Housing Unit Inventory: At the time of sale of Employee Housing Units, the units are recorded as expense, inventory is reduced, and revenue is recorded. This is the formal authority required for these accounting transactions to be recorded. $305,457 505 - Employee Housing Fund Total: ($294,543) $0 $0 Total Technical Adjustments:($224,543) $0 $0 City Financial Policies Employee Payout: Per City policy, payout of employee accrued PTO and sick leave. $738,054 City Financial Policy:$738,054 $0 $0 All Total Previously Approved & Technical Adjustments $5,225,723 $5,550,000 $63,000 Section 2. Fiduciary Funds Elevator Car Improvements: The Truscott Elevator Upgrade project was approved by City Council on April 8, 2025 (Resolution #56-2025) for a total of $86,240. $21,155 Truscott 2 Playground Equipment Replacement: The Truscott Playground Improvement project was approved by City Council on July 22, 2025 (Resolution #2025-200). $5,000 641 - Truscott Phase II Fund Total: $0 $26,155 $0 Total Previously Approved Requests Fiduciary Funds:$0 $26,155 $0 641 & 642 Funds Previously Approved & Technical Adjustments $0 $26,155 $0 66 Exhibit D Department/Description Revenues Transfers In Section 1. City of Aspen Grant Writing Contract Transfer from REMP: $63K of $170K from REMP Fund. Council approved the contract through resolution 53, Series 2025 on April 22, 2025. $63,000 114 - City Manager Subtotal:$0 $63,000 CIRSA Armory Flood Damage Reimbursement $113,489 119 - Asset Management Subtotal:$113,489 $0 Net Zero Ask for Various Services: This is a net zero impact request to cover various grants and overtime services. The grants received were through the I-70 Training Region, which helped with part of the payment for two officers to attend the 2025 Co-Responder Conference, for High Visibility Impaired Driving Enforcement (HVE Colorado), for Aspen Police to assist with Jazz Aspen, and other community events, where officers worked overtime and police were reimbursed for their time. Additionally, the police department was awarded grants from the Aspen Community Foundation, which offered an opportunity to host an event for APD families to explore various wellness resources, and Holy Cross, which allows officers to take kids out shopping for the holidays. An annual grant was received from a family to provide scholarships to Aspen High School Graduates. Lastly, we have received a grant from the Bureau of Justice Assistance (BJA), which covers 50% of officers' regular duty body armor vests. $36,121 221 - Police Subtotal:$36,121 $0 001 - General Fund Total:$149,610 $63,000 Funding Increase for Health Insurance Costs $5,266,312 501 - Employee Benefits Fund Total:$5,266,312 $0 Recording the COGS of the Housing Unit Inventory: At the time of sale of Employee Housing Units, the units are recorded as expense, inventory is reduced, and revenue is recorded. This is the formal authority required for these accounting transactions to be recorded. $309,035 505 - Employee Housing Fund Total:$309,035 $0 Grant - CivicPlus upgrades $9,767 510 - Information Technology Fund Total:$9,767 $0 Total Revenues:$5,734,724 $63,000 2025 FALL REVENUE & TRANSFER DETAIL 67 MEMORANDUM TO: City Council FROM: Matt Grau, Budget Manager THROUGH: Pete Strecker, City Manager Tyler Sexton, Interim Finance Director MEMO DATE: November 03, 2025 MEETING DATE: November 11, 2025 RE: Ordinance No.10, Series 2025, First Reading – 2025 Fall Supplemental Request of Council: Staff requests an amendment to the City’s 2025 budget that increases total expenditure appropriations, including transfers, from $267.3 million to $283.8 million. This $16.5 million increase includes $5.7M in new requests and $10.8 million in technical adjustments. There is $5.8 million in revenue adjustments and transfers. BACKGROUND: Annually, the City makes two routine mid-year modifications to the year’s original spending plan. Spring supplementals largely incorporate the roll forward of capital and operating resources that were unspent but are still required and is necessitated by Colorado law. This fall supplemental packet is more of a reflection of previously approved mid-year actions by the Council, technical adjustments tied to the City’s financial policies and includes a handful of new requests for unforeseen items and/or for opportunistic actions. While not technically limited to just two adjustment periods annually, the City does try to incorporate actions into these two adjustment periods to allow for simplicity and awareness in the appropriation process. DISCUSSION: This fall supplemental ordinance includes proposed spending plan adjustments that have been grouped into Section 1 for City of Aspen and Section 2 for Fiduciary Funds into each of the Exhibits: New Requests (Exhibit B), Technical Adjustments (Exhibit C), and expected changes to Revenues and Transfers In (Exhibit D), although they do not require formal adoption. Original Budget Spring Supplemental Fall Supplemental Proposed Adj. Budget Opening Balance $298,029,574 $85,371,210 ($408,188) $382,992,596 Revenues $206,698,878 $2,597,970 $5,797,724 $215,094,572 Operating Budget $111,739,800 $7,784,819 $10,414,423 $129,939,042 Capital Outlay $57,102,210 $47,986,499 $6,027,631 $111,116,340 Debt Service $6,333,405 $0 $0 $6,333,405 Net Appropriations $175,175,415 $55,771,318 $16,442,054 $247,388,787 Transfers $35,977,310 $367,901 $63,000 $36,408,211 Total Appropriations $211,152,725 $56,139,219 $16,505,054 $283,796,998 Proj. Ending Balance $293,575,727 $31,829,961 ($11,115,518) $314,290,170 68 New requests (Exhibit B) Total of $5,666,331 is requested, of which $5,188,700 is operating and $477,631 is capital; $5,000,000 of the new request is a stop loss claim adjustment to the Employee Benefits Fund. Technical Requests (Exhibit C) encompass different types of requests that seek to increase overall budget authority by $10,838,723. These requests are summarized by category type below: previously approved by Council, reallocation of authority between funds; and required accounting actions. Previously Approved: Since spring supplemental, Council has approved $4,712,212 in operating expenditures and $5,550,000 in capital expenditures. Transfers Between Funds: $63,000. Accounting and Other: Accounting actions and other technical adjustments total $(224,543) in operating expenditures and $0 in capital expenditures. This represents return of budget authority to the respective fund balances. City Financial Policies: Employee Separation/Retirement (ESL/PTO) Payouts: $738,054 across departments. Section 2 of Ordinance No.10 requests to increase the 2025 budget authority for Truscott Phase 2 Affordable Housing Fund by $54,786. $28,631 for capital maintenance of the heating systems, new (Exhibit B). $26,155 for elevator car and playground improvements, previously approved mid-year actions by Council (Exhibit C). Recommendations: Staff recommend approval of Ordinance No. 10, Series 2025, and the adoption of the 2025 Fall Supplemental, increasing the City of Aspen’s 2025 Budget by $16,505,054 and an adoption for an increase of $54,786 for the Truscott Phase 2 Affordable Housing Fund 2025 Budget. City Manager Comments: Attachments: Exhibit A – Appropriations By Fund Exhibit B – Summarized New Requests Exhibit C – Technical Adjustments Exhibit D – New Revenue 69 MEMORANDUM TO: City Council FROM: Matt Grau, Budget Manager THRU: Pete Strecker, City Manager & Tyler Sexton, Finance Director MEETING DATE: November 11, 2025 RE: First Reading – 2026 Fee Ordinance No. 11 (Series 2025) Request of Council: This memorandum outlines proposed fee changes included in the City’s Municipal Code under section 2.12 (Administrative) and section 26.104 (Land Use Regulations, General Provisions). In addition to these code revisions, a separate utility rate ordinance will be brought forward for Council consideration. Summary and Background: Fees are reviewed annually by staff and Council during budget development, with adjustments adopted through an annual ordinance. Revisions consider various factors, primarily focusing on cost recovery for services and external influences such as inflation or service demands. Historically, inflationary adjustments have been up to 3-5%, but recent assessments have factored in recent years’ higher inflation affecting service delivery by staff and vendors, and some State-mandated increases. Discussion: Notable recommended changes beyond minor inflationary adjustments, as discussed in budget meetings with Council, include: Golf Course: Consolidation of passes by eliminating Twilight Pass, College Pass, and Punch Pass, increasing prices to manage golf course capacity and usage, and allowing one reduced fee for both passholders and the public for golf cart usage to manage pace of play. Golf Course fee structure is simplified as a result, as well as being more in tune with its cost of service. Recreation: Based on last year's cost recovery model and the updated July 2024 fee structure, these changes maintain consistent cost recovery at ~8% increase and reflect the community benefit discounts in various recreational programming as directed by City Council. Wheeler: Updates the fee structure to reflect a cleaner, more logical organization by reordering groupings, and the fees reflect ~10% increase due to growth in cost alignment of those services. The proposed renames of fees simplify the services offered and update to realistic handling of those services in staff capacity and labor hours. Police: Increased VIN inspection fee per State guideline. Engineering: Proposed fees include a 5% inflationary adjustment, in addition to temporary encroachment fees for construction at 15% increase and banner program fees at 100% increase, addressing specific interests along with public considerations, and the cost of managing those operations. Environmental Health & Sustainability: State mandated increases in fees are reflected and more updates to come next year from the State. 70 Parking: Parking fees that have been eliminated are removed. Charges are raised in the downtown core and Rio Grande Plaza to better manage demand and traffic. Free parking for electric vehicles is discontinued due to their increased use. Community Development: References to utility reviews found in other parts of the municipal code have been revised and simplified to avoid duplicate references. Proposed fee changes have been built into revenue budgets, but actual collections will depend on the volume of sales or services rendered. Any fee can be amended in any manner as desired by the Council and updated for inclusion in the second reading of the ordinance, scheduled for November 18, 2025. Recommendations: Staff recommend approval of 2026 proposed fee ordinance. City Manager Comments: 71 ORDINANCE NO. 11 Series of 2025 Early Season Regular Season Greens Fees / Passes Platinum $3,500 $3,500 Gold $2,500 $2,500 Silver $1,700 $1,700 Junior $300 $300 Senior Greens Fee – 9 Hole N/A $70 Senior Greens Fee – Primary Resident (Must Show ID) N/A $105 Military Rate (Must Show Proper ID) N/A $125 Green Fee – Max Rate N/A $250 Green Fee – Junior N/A $60 Green Fee – Guest of Member N/A $125 Tournament/Group Booking Rate (per person) N/A $350 Early Season Regular Season Cart and Club Rentals Golf Cart – 18 Holes N/A $20 Golf Cart – 9 Holes N/A $16 Cart and Club Rentals (continued) Pull Cart – 18 Holes N/A $20 Pull Cart – 9 Holes N/A $16 Rental Clubs – 18 Holes N/A $80 Rental Clubs – 9 Holes N/A $60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES INCLUDED UNDER SECTION 2 AND 26 OF THE MUNICIPAL CODE. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services, or are set above levels necessary to achieve full reimbursement of costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Municipal Golf Course, is hereby amended to read as follows: Sec. 2.12.010. Aspen Municipal Golf Course Page 1 of 34 72 ORDINANCE NO. 11 Series of 2025 Early Season Regular Season Lockers and Range Locker for Season N/A $450 Range Large Bucket N/A $12 Range Small Bucket N/A $9 Unlimited Range Pass N/A $400 Late Cancellation / No Show Fee N/A $55 Minimum Cost Recovery Max Fee Daily Admission Youth / Senior - Primary Resident (81611)50% $14 Youth / Senior - Guest 75% $32 Adult - Primary Resident (81611)50% $16 Adult - Guest 75% $35 Memberships Youth / Senior -1-month 30% $92 Youth / Senior - 3-month 30% $207 Youth / Senior - 6-month 30% $406 Youth / Senior - 12-month 30% $679 Youth / Senior - 20 Punch Pass 30% $249 The Recreation Department shall issue Fun Passes that provides access to the holder of such a pass to the following facilities and activities: use of the James E. Moore Pool, public or open skating at the Lewis Ice Arena or Aspen Ice Garden, use of the climbing wall at the Red Brick Recreation Center, fitness classes held at the Red Brick Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis court rental and usage at the Aspen Tennis Center. Usage, participation and access to the above activities may be limited to certain times and dates as indicated on the pass. (Code 1971, §2-33; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §5; Ord. No. 53-1995, §2; Ord. No. 43-1996, §1; Ord. No. 49-1998, §1; Ord. No. 45-1999, §1; Ord. No. 57-2000, §1; Ord. No. 5-2002 §1; Ord. No. 47-2002 §18; Ord. No. 63-2003, §8; Ord. No. 2-2004, §1; Ord. No. 38-2004, §10; Ord. No. 49- 2005, §12; Ord. No. 48, 2006, §1; Ord. No. 52-2007; Ord. No. 29-2010§12; Ord. No. 33-2011§1; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025; Ord. No 11-2025) That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for Recreation Department Fun Passes, is hereby amended to read as follows: Sec. 2.12.014 Recreation Department Fun Pass Page 2 of 34 73 ORDINANCE NO. 11 Series of 2025 Minimum Cost Recovery Max Fee Adult - 1-month 30% $158 Adult - 3-month 30% $367 Adult - 6-month 30% $497 Adult - 12-month 30% $874 Adult - 20 Punch Pass 30% $300 Family - 1-month 30% $301 Family - 3-month 30% $583 Family - 6-month 30% $1,044 Family - 12-month 30% $1,711 Corporate Punch Passes Non-Profit (100 Punches)30% $1,404 For Profit (100 Punches)30% $3,240 For Profit (500 Punches)30% $10,273 Non-Profit For Profit Aspen Recreation Center (ARC) Facility Rental Fees ARC Meeting Room - per hour $36 $97 ARC Full Facility Rental - per day $16,200 $21,600 Tennis/Pickleball One Court Rental - per hour $39 $43 ARC Pavilion Rental - per hour $36 $97 That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Recreation Center, is hereby amended to read as follows: Sec. 2.12.015. Aspen Recreation Center (Ord. No. 27-2003, §1; Ord. No. 63-2003, §9; Ord. No. 38-2004, §13; Ord. No. 49-2005, §4; Ord. No. 48, 2006, §3; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. 29-2010§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) (Ord. No. 27-2003, §2; Ord. No. 38-2004, §14; Ord. No. 49-2005, §3; Ord. No. 48, 2006, §2; Ord. No. 52- 2007; Ord. No. 40-2008; Ord. No. 27-2009§1; Ord. No. 29-2010§1; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) Page 3 of 34 74 ORDINANCE NO. 11 Series of 2025 Non-Profit For Profit Ice Facility Rental Ice - Facility Rental - per hour $322 $436 Ice - Facility Rental - per day $6,804 $8,640 Non-Profit For Profit Rentals Aquatic Facility Rental - per hour $322 $436 Aquatic Facility Rental - per lane per hour $17 $29 Aquatic Facility Rental - per day $6,804 $8,640 Minimum Cost Recovery Max Fee Youth Ice Programming Youth Group Lessons - per session $0 $54 Private Lessons - per 1/2 hour $0 $72 Multiple Session Pass $0 $972 Sec. 2.12.030. James E. Moore Pool (Code 1971, §2-35; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 53-1995, §4 [part]; Ord. No. 43- 1996, §3; Ord. No. 49-1998, §3; Ord. No. 45-1999, §3; Ord. No. 47-2002 §17; Ord. No. 63-2003, §11; Ord. No. 38-2004, §15; Ord. No. 49-2005 §5; Ord. No. 48, 2006, §5; Ord. No. 40-2008; Ord. No.. 27-2009§4; Ord. No. 29-2010§4; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19- 2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for miscellaneous leisure and recreation fees, is hereby amended to read as follows: Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees (Code 1971, §2-34; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 67-1993, §6; Ord. No. 68-1994, §6; Ord. No. 53-1995, §3; Ord. No. 43-1996, §2; Ord. No. 49-1998, §2; Ord. No. 45-1999, §2; Ord. No. 57- 2000 §2; Ord. No. 47-2002 §16; Ord. No. 27-2003; Ord. No. 63-2003, §10; Ord. No. 2-2004, §2; Ord. No. 38- 2004, §2; Ord. No. 49-2005, §7; Ord. No. 48, 2006, §4; Ord. No. 52-2007; Ord. No. 27-2009§3; Ord. No. 29- 2010§3; Ord. No. 33-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the James R. Moore Pool, is hereby amended to read as follows: Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena Page 4 of 34 75 ORDINANCE NO. 11 Series of 2025 Minimum Cost Recovery Max Fee Youth Swim Lessons Youth Group Lessons - per session $0 $52 Private Lessons - per 1/2 hour $0 $71 Youth Programming Tier I: Drop In Fee $0 $27 Tier II: Under 6 yrs. per sport per season (t-ball, kinder basketball)$0 $82 Tier III: In-house sports leagues/lessons (soccer, spring basketball)$0 $131 Tier IV: Traveling leagues (baseball, winter basketball)$0 $199 Youth classes (dance, karate, climbing)$0 $94 Afterschool Camp - Daily Rate $0 $22 Day Camp - Daily Rate $0 $68 Specialty Programs - per day $1 $152 Specialty Programs - per week $1 $967 Adult Programming - Individual Tier I: Drop In Fee $1 $27 Tier II: Personal Instruction $1 $216 Tier III: Multiple Session Pass $1 $972 Adult classes (CPR, Lifeguard Training)$0 $361 Adult Sports - Team Tier I: Individual Registrant Fee $1 $415 Tier II: Full Team Registration Fee $1 $1,260 Other Fees Ball Machine Rental - per hour $1 $36 Birthday Party Bounce House - per hour $1 $108 Locker Rental: 6-month & annual $1 $194 Services: (skate sharping, towel / skate rental, etc.)$1 $22 Merchandise (swimsuits, tape, goggles, etc.)$1 $54 Non-Profit For Profit Red Brick Gym Facility Rental - per hour $59 $97 (Code 1971, §2-36; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §7; Ord. No. 53-1995, §4 [part]; Ord. No. 43-1996, §4; Ord. No. 49-1998, §4; Ord. No. 45-1999, §4; Ord. No. 57-2000, §3; Ord. No. 47-2002, §15; Ord. No. 63-2003, §12; Ord. No. 38-2004, §12; Ord. No. 49-2005, §6; Ord. No. 48, 2006, §6); Ord. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. No. 29-2010§5; Ord. No. 29-2012; Ord. No. 48- 2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) Page 5 of 34 76 ORDINANCE NO. 11 Series of 2025 Program Fees Adult Class - up to 2 hrs* $62 Adult Class - 2 hrs to 4 hrs* $102 Adult Class - full day rate* $203 Youth – Art Camp (1 week) $385 Gallery Commission (% of gross sales) $0 Youth Art Class - up to 2 hrs* $43 Youth Art Class - 2 hrs to 4 hrs* $87 Youth Art Class - full day rate* $131 Private Adult Art Class - for an individual, up to 2 hours $328 Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours $438 Private Adult Art Class - for a group over 5 people, up to 2 hours, per person $88 Private Youth Art Class - for a group up to 8 children, up to 2 hours $327 Private Youth Art Class - for a group of 9 children or more, up to 2 hours $437 *Rate for different classes may vary based on suppy costs. Facility Fees Tenant Rent (per sq. foot) $2 Parking Permit $118 Room Rental (per hour) $29 For-Profit Non-Profit All Rates Below Include Rehearsals & Performances Public Event Day Rate | Mon-Thurs (up to 2 events per day)$963 $539 Public Event Day Rate | Fri-Sun (up to 2 events per day)$1,062 $594 Tech/Rehearsal Rate | Mon-Thurs $754 $429 Tech/Rehearsal Rate | Fri-Sun $1,062 $594 Weekly Rate | Mon-Fri (5 day max.)$3,850 $2,156 Private Event Day Rate $5,500 $1,073 The Vault Lobby Only (hourly, max. 4 hrs.)$220 $110 Parcel Rental (approval required at contracting)$500 $300 That Section 2.12.043 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Red Brick Center for the Arts, is hereby amended to read as follows: Sec. 2.12.043. Red Brick Center for the Arts Fees (Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22- 2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Wheeler Opera House, is hereby amended to read as follows: Sec. 2.12.045. Wheeler Opera House Page 6 of 34 77 ORDINANCE NO. 11 Series of 2025 Labor Rates - Per Hour / 4 Hour Minimum per person Production Manager Audio and Lighting Supervisors Theatre Technicians House Management Staff Box Office Staff Onsite Box Office Staff Offsite Other Labor - Per Hour Custodial Services Technician Catering Coordination Foodservice Cleaning Rate Security Equipment and Instrument Rental 9' Concert Grand Steinway Day Rate (prior approval required) Piano Tuning Drum Kit Rental Day Rate Video Media Rental Day Rate (Projector/Screen/DCP) Video Media Rental Weekly Rate (5 consecutive days) Video Recording Services Basic Package: 1 fixed PTZ camera, Audio feed from the house console, No post-production editing $250 $0 Mid-Tier Package –3 PTZ cameras, 1 camera operator, Audio feed from the house console, No post-production editing Top-Tier Package – 3 PTZ cameras, 1 crowd-reaction camera, 1 broadcast camera, 2 camera operators, Audio feed from the house console, No post-production editing Merchandise -- User Provides Seller Commission 20% 0% Music Licensing Fee on Total Gross Sales For events exceeding $25,000 total gross sales 1.0% 1.0% Marketing and Publicity Window Vinyl Printing and Installation (prior approval required) Box Office Fees Sales Commission Credit Card Processing Fee All tickets sold exclusive through Aspen Show Tix at the Wheeler $44 $44 $33 $33 $34 $44 $41 $44 $83 Market Rate $255 $250 $200 $200 $500 $250 $1,500 $500 3.0% Page 7 of 34 78 ORDINANCE NO. 11 Series of 2025 Box Office Set-Up Single Event Set-Up $200 $100 Multiple Events Set-Up | 5-9 events $800 $400 Additional Event Set-Up over 9 events $150 $150 Client Ticket Charge | Comps, Pass Bar Codes, & Consignment Tickets (per ticket over 25)$1 $1 Law Enforcement Records Accident Reports – In Person Case Reports Per Copied Page Arrest History / Background Checks Arrest History / Background Checks Per Copied Page Criminal History Report Per Name Search (5 names per person) Extensive Records Search Per Hour Communications Logging / Hour Per Audio CD Case Report/Accident Photos / CD Records Research / Additional Hour Body Worn Camera (BWC) Video Per Case BWC Records Research / Additional Hour Patrons will be charged a non-refundable $3.50 per ticket handling charge $27 *In order to qualify for non-profit rates, organization must be a registered Roaring Fork Valley non-profit organization or qualifying performing artist. City Manager has discretion to waive or reduce fees in instances for community beneft. (Ord. No. 68-1994, §8; Ord. No. 53-1995 §5; Ord. No. 45-1999, §5; Ord. No. 49-1998, §5; Ord. No. 57-2000, §4; Ord. No. 12-2003, §1; Ord. No. 63-2003, §13; Ord. No. 38-2004, §11; Ord. No. 48, 2006, §7; Ord. No. 40- 2008; Ord. No. 27-2009§6; Ord. No. 29-2010 §6; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Police Department, is hereby amended to read as follows: Sec. 2.12.050. Aspen Police Department fees $10 $10 $0 $35 $35 $27 $10 $0 $25 $35 $20 $35 Page 8 of 34 79 ORDINANCE NO. 11 Series of 2025 Aspen Police Department Alarm User Permit First False Alarm / Year Second False Alarm / Year Third and Fourth False Alarm / Year All Bank Alarms Late Fees Vehicle Inspection Certified VIN Inspection Off-Duty Security/Officer/Hour Notary Fees Dog Vaccination and License Fees Annual Dog Tag Fees Spayed/Neutered Dog Tag Fee Senior Citizen/Active Service Dog Tag Fee Replacement Tag Encroachment Fees $758 $112 $6,572 $1,000 $1 $5 $10 $8 $45 $100 $10 $150 $150 $250 $400 $400 $15 $20 Sec. 2.12.051. Engineering Department fees Encroachment License and Application Encroachment Fees (Minor Encroachment < 3 hrs) Vacation Application ($325 / hr for estimated 18 hours) $20 $10 FREE $4 (Code 1971, §2-38; Ord. No. 77-1992, §17; Ord. No. 68-1994, §§9—11; Ord. No. 53-1995, §§6—10; Ord. No. 43-1996, §§5—7; Ord. No. 49-1998, §§6—8; Ord. No. 45-1999, §§6—9, 20; Ord. No. 57-2000, §§5, 12; Ord. No. 47-2002, §2; Ord. No.. 63-2003, §2; Ord. 2-2004, §3; Ord. 38-2004, §1; Ord. No. 49-2005, §1; Ord. No. 48, 2006, §8; Ord. No. 40-2008; Ord. No. 27-2009§7; Ord. No. 29-2010§7; Ord. No. 33-2011; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Engineering Department, is hereby amended to read as follows: Permanent Encroachment Fee (per permit) Permanent Encroachment for Earth Retention (per cuft/mo) By commercial operations not associated with construction, including contractors and vendors (PSF/mo) Base cost within the core by commercial operations associated with construction, including contractors and vendors (PSF/mo). Fees increase by 20% for first exception granted, 30% increase for second exception granted, 40% increase for every exception granted thereafter. Outside of the core by commercial operations associated with construction including contractors and vendors (PSF/mo) Page 9 of 34 80 ORDINANCE NO. 11 Series of 2025 $786 $1,966 $2,416 $2 $786 Landscape and Grading Permit See fee schedule See fee schedule See fee schedule $325 Environmental Health Fees Event Plan Review $30 Event Inspection Fee $70 Swimming Pool Plan Review $79 Environmental Health Fees (continued) Restaurant Site Inspection $82 Food Safety Training $82 Large Childcare $100 Small Childcare $50 Plan review application $155 $900 HACCP plan review – written (not to exceed)$100 HACCP plan review – on-site (not to exceed)$400 Building Permit Review (per hour)$325 Real estate review (not to exceed)$75 Construction Mitigation Review Fee (as applicable) Engineering Development Review Fee Zoning Hourly Review Fee (as applicable)/hr Parks Development Review Fee (as applicable) Plan review & pre-operational inspection (not to exceed) Right-of-Way Permits (Ord. No. 47-2002, §3; Ord. No. 49-2005, §13; Ord. No. 48, 2006, §9; Ord. No. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§8; Ord. No. 29-2010§8; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Environmental Health Department, is hereby amended to read as follows: Sec. 2.12.052. Environmental Health Department fees Solely Sidewalk and Pedestrian Improvements Service Lines and Telecom Utility Trenching - Asphalt Paving (may also include flatwork) Main Lines Utility Trenching - (may also include service lines and flatwork) Impacted ROW area greater than 5,000 SF (PSF) Critical Public Infrastructure - Submitted by Utility Provider and not associated with a Building Permit Page 10 of 34 81 ORDINANCE NO. 11 Series of 2025 Food Service License $0 Limited food service (convenience, other)$338 Restaurant 0-100 Seats $481 Restaurant 101-200 Seats $538 Restaurant Over 200 Seats $581 Grocery store (0 – 15,000 sq. ft.)$244 Grocery store (> 15,000 sq. ft.)$441 Grocery store w/ deli (0 – 15,000 sq. ft.)$469 Grocery store w/ deli (> 15,000 sq. ft.)$894 Mobile Unit (full-service)$481 Mobile Unit (pre-packaged)$338 Special Event (full-service)$255 Special Event (pre-packaged)$115 Enforcement Fees and Penalties Civil Penalty (4 consecutive or 4/5 inspections that don’t “pass”)$1,000 Rio Grande Plaza Parking Hourly Rate Maximum Daily Fee Validation Stickers / Visit Lost Ticket Fee Special Events Pass / Day Commercial Core Pay Parking (between 7:00 AM and 6:00 PM) Hourly Rates (10:00am to 11:00am) High Season Hourly Rates (11:00am to 3:00pm) High Season Hourly Rates (3:00pm to 6:00pm) High Season Hourly Rates (10:00am to 11:00am) Low Season Hourly Rates (11:00am to 3:00pm) Low Season Hourly Rates (3:00pm to 6:00pm) Low Season 30 minutes Single Space Meters (per 15 minutes) (Ord. No. 47-2002, §4; Ord. No. 63-2003, §2 Ord. No. 38-2004, §3; Ord. No. 49-2005, §2; Ord. No. 48, 2006, §10; Ord. No. 40-2008; Ord. No. 15-2009; Ord. No. 27-2009§9; Ord. No. 29-2010§9; Ord. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) Free (K-12 school, penal institution, non-profit serving food insecure populations) $25.00 $7.00 $5.00 $7.00 $5.00 $3.00 $5.00 $3.00 That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Parking Department, is hereby amended to read as follows: Sec. 2.12.060. Parking fees $3.00 $15.00 $7.00 Prorated from above $0.50 Page 11 of 34 82 ORDINANCE NO. 11 Series of 2025 Residential Permit Parking Residential Day Pass Space Rental Fee / Day Each Permit for Residents (Up to 3) and Guest (One Only) Lodge Guest Permit (Per Day Permit) Business Vehicle Permit High Occupancy Vehicle Permit Electric Vehicle Charging Limit - Level 2 Electric Vehicle Charging Limit - Level 3 Electric Vehicle Charging - Level 2 Charger Electric Vehicle Charging - Level 3 Charger Electric Vehicle Daytime Overstay Fees – All EV Chargers / After Applicable Charging Limit Smart Loading Zone per 15 minutes Miscellaneous Parking Service Vehicle Construction – Residential / Day Construction – Commercial / Day Expedited Construction Parking Reservation (< 72 hours notice) / Space Handicapped Parking Tow Truck Cancellation Fee Boot Fee Towing Fee (Tickets / Snow / Farmer's) Towing Fee (72 Hour / Abandoned) Ticket Late Fee Up to $0.75 per kWH $20.00 $20.00 $9.00 $40 $100 Free $90 $1.00 $125.00 Free 50% of parking rates $0.50 $100 Up to $0.30 per kWH 4 hours 2 hours Up to $1/min 2-Neighborhood electric vehicles (NEV’s) are defined as follows: A low-speed electric vehicle which does not exceed speeds of 20-25 mph. The vehicle must have seat belts, headlights, windshield wipers, safety glass, tail lamps, front and rear turn signals and stop lamps. These vehicles must have a vehicle identification number (VIN) and be state-licensed. NEV’s are only permitted within the City limits and on roads that have speed limits less than 40 mph. 3-High Season includes the months of Jan, Feb, Mar, Jun, Jul, Aug, Sep, and Dec. Low Season includes Apr, May, Oct and Nov. $150 $260 $300 $10 1-The residential permit parking program restrictions shall be in effect from 8:00 a.m. until 5:00 p.m., Monday through Friday (official holidays exempted), unless otherwise specified. (Code 1971, §2-39; Ord. No. 36-1994, §1; Ord. No. 68-1994, §12; Ord. No. 53-1995, §20; Ord. No. 43-1996, §17; Ord. No. 49-1998, §9; Ord. No. 45-1999, §9; Ord. No. 57-2000, §5; Ord. No. 4-2002, §1; Ord. No. 47- 2002, §19; Ord. No. 63-2003, §15; Ord. No. 49-2005, §14; Ord. No. 39-2007; Ord. No. 33-2011; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No.. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) Page 12 of 34 83 ORDINANCE NO. 11 Series of 2025 Liquor Licenses Beer Permit (3.2% by Volume) $10 Special Event Permit $25 New License $1,000 Transfer of Location or License $750 Hotel & Restaurant or Tavern including Modest - Renewal Fee $179 Beer & Wine including Modest - Renewal Fee $153 Retail Liquor Store or Drug Store - Renewal Fee $123 Arts or Club-Renewal Fee $115 3.2 Beer-Renewal Fee $104 Optional Premises License $50 Temporary Permit $100 Late Renewal Application Fee $500 Tastings Permit $100 Marijuana Licenses Medical or Retail Marijuana Center New License Fee $2,000 Medical & Retail Marijuana Optional Premise Cultivation License $2,000 Medical or Retail Marijuana Infused Products Manufacturers' License $2,000 Medical Marijuana Center Applying for Retail Marijuana Store License $2,000 Medical or Retail Marijuana Transfer of Ownership $750 Medical or Retail Marijuana Change of Location $500 Medical or Retail Marijuana Change of Corporation or LLC Structure $100 Medical or Retail Marijuana Modification of Premises $100 Renewal of Retail or Medical Marijuana License $1,000 Sec. 2.12.080. Parks Department fees Parks Use and Special Event Fees Administration Fee One-Time Park Rental Reoccuring Park Rental Special Event Permit $22 $92 $184 That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Parks Department, is hereby amended to read as follows: That Section 2.12.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the City Clerk’s Office, is hereby amended to read as follows: Sec. 2.12.070. Liquor and marijuana license application fees (Code 1971, §2-40; Ord. No. 8-1994, §4; Ord. No. 45-1999, §10; Ord. No. 24-2004, §2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40- 2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17- 2024; Ord. No 11-2025; Ord. No 17-2024; Ord. No 11-2025) Page 13 of 34 84 ORDINANCE NO. 11 Series of 2025 Park Rental Fee Base Rate (hourly) Athletic Field Prep (per athletic season) Add-On Fee: Additional Requested Athletic Paint or Prep Fee (per day) Add-On Fee: Commercial Fee (per day) Day Camp Use fee (annual) Special Event Fee (per day) Daily Rate (per park, per day) Commercial Rafting Put-in Fee (per season) Paragliding Fees Landing Zone Fee (Per Year) Paragliding Commercial Landing Fee Flags and Banners Flags on Main Street/Flag Banners on Main Street/Banner Mall Space Leasing Price (PSF) Filming 3-10 People 11-30 People: Still 11-30 People: Video 31-49 People: Still 31-49 People: Video 50 and Over People Tree Fees Standalone Tree Removal Permit And per tree Mitigation Fee Parks Development Fees Encroachment Review Right of Way Review Landscaping/Grading Review (PSF of disturbance) Landscape/Resource Review (PSF of disturbance) Fence Permit Review Roofing Permit Review $18 $18 $5 $46 $26 $783 $153 $51 $10 $47 $33 $102 $306 $2 $184 $158 $260 $367 $367 $469 $887 $214 $61 $102 (Ord. No. 45-1999, §11; Ord. No. 47-2002, §6; Ord. No. 63-2003, §14; Ord. No. 38-2004, §5; Ord. 52-2007; Ord. No. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36- 2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19- 2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) $0 $0 $102 Page 14 of 34 85 ORDINANCE NO. 11 Series of 2025 BUILDING PERMIT FEES Total Valuation: $1 to $5,000 Total Valuation: $5,001 to $50,000 Total Valuation: $50,001 to $100,000 Total Valuation: $100,001 to $250,000 Total Valuation: $250,001 to $500,000 Total Valuation: $500,001 to $1,000,000 Total Valuation: $1,000,001 to $2,500,000 Total Valuation: $2,500,001 to $5,000,000 Total Valuation: Above $5,000,000 Building Permit Review Fee (per hour) Plan Check Fees (as percent of total building permit outlined above) Energy Code Fee (as percent of total building permit outlined above) Building Permit Fee (as percent of total building permit outlined above) GIS Fee (applicable only if changing building footprint) Renewable Energy Mitigation Payment Use Tax Deposit – City of Aspen Use Tax Deposit – Pitkin County This Section of the Code sets forth building permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2026: That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Building and Planning Department, is hereby amended to read as follows: Sec. 2.12.100. Building and Planning $25 2.1% of value of materials for projects over $100,000 0.1% of value of materials 50% of sum of $25 + 5.0% of permit valuation over $5,000 75% of sum of $2,275 + 3.5% of permit valuation over $50,000 $4,025 + 2.5% of permit valuation over $100,000 $7,775 + 2.0% of permit valuation over $250,000 $12,775 + 1.75% of permit valuation over $500,000 $21,525 + 1.5% of permit valuation over $1,000,000 $44,025 + 1.25% of permit valuation over $2,500,000 (see details below) $75,275 + 0.75% of permit valuation over $5,000,000 plus 0.5% of permit valuation over $10,000,000 $325 $1 $0 $1 $500 Fees Due Upon Permit Issuance Fees Due Upon Permit Submittal Page 15 of 34 86 ORDINANCE NO. 11 Series of 2025 Residential Exterior Energy Use Snowmelt – includes roof and gutter de-icing systems Outdoor Pool Spa – pkg. or portable spas < 64 sqft are exempt Photovoltaic Systems Solar Hot Water Systems Ground Source Heat Pumps Commercial Exterior Energy Use Snowmelt – includes roof and gutter de-icing systems Outdoor Pool Spa – pkg. or portable spas < 64 sqft are exempt Photovoltaic Systems Solar Hot Water Systems Ground Source Heat Pumps CHANGE ORDER FEES Fees Due Upon Change Order Issuance Change Order Plan Check Fee - Engineering Change Order Plan Check Fee - Parks Change Order Energy Code Review Fee – if applicable Change Order Building Permit Fee (as a percentage of revised permit fee) $34 per square foot divided by boiler efficiency (AFUE) $136 per square foot divided by boiler efficiency (AFUE) $176 per square foot divided by boiler efficiency (AFUE) RENEWABLE ENERGY MITIGATION PAYMENT $6,250 per KWH $224.65 per square foot $1,400 per 10,000 BTU per hr Commercial Onsite Renewable Credits (certain restrictions may apply) Applications for change orders shall cause a revision to the overall project valuation. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Not all change orders will require additional fees in each fee category. A change order fee applies each time a change order is submitted. A change order may propose multiple changes, and applicants are encouraged to "bundle" their change order requests to minimize fees. Residential Onsite Renewable Credits (certain restrictions may apply) $6,250 per KWH $125 per square foot $1,400 per 10,000 BTU per hr $60 per square foot divided by boiler efficiency (AFUE) $170 per square foot divided by boiler efficiency (AFUE) $176 per square foot divided by boiler efficiency (AFUE) See Engineering Development, Construction Mitigation Plan, & Erosion Fees within Section. $0 PHASED PERMITTING FEES Applications for Building Permits may be issued in "phases" prior to the entire permit being ready for issuance. For a permit to be issued in phases, all elements of that phase must be reviewed and approved by the Building Department and applicable referral agencies. A Phased Building Permit still requires complete submission of all required documents and information for all phases at initial permit application submission. Issuance of a permit in phases is at the discretion of the Chief Building Official. Fees for phased permit issuance are in addition to fees due for issuance of a complete building permit. $325/hr. See Parks Department Fees Sec. 2.12.080 Page 16 of 34 87 ORDINANCE NO. 11 Series of 2025 Fees Due at Issuance of Phase 1 Permit: Building Permit Review Phasing Fee Zoning Review Phasing Fee Construction Mitigation Phasing Fee Engineering Development Review Phasing Fee Parks Phasing Fee SPECIAL SERVICES FEES Inspection Fee Outside of Normal Business Hrs. (per hour, min. 2 hrs.) Re-inspection Fee (per inspection) Special Inspections Fee for Unspecified Inspection Type (per hour, min. 1 hr) Building Permit Extension Fee – per Occurrence REPAIR FEES Permit Fee Plan Review Fee Zoning Review Fee Construction Mitigation Review Fee Engineering Review Parks Review Fee RE-ROOFING AND ROOFING FEE Permit Fee Plan Review Fee Zoning Review Fee Construction Mitigation Review Fee Parks Review Permit Fee Plan Review Fee Construction Mitigation Fee TEMPORARY STRUCTURE Permit Fee Plan Review Fee Parks Review Fee Fire Department Review Fee 35% of Building Permit Fee 10% of Zoning Review Fee 50% of Construction Mitigation Fee 10% of Engineering Fee 10% of Parks Review Fee $325/hr. $325/hr. See Construction Mitigation Fees within Section 10% of Engineering Review Fee See Parks Department Fees Sec. 2.12.080 $325/hr. $325/hr. $325/hr. 7.5% of Building Fee Permit ($5,000 maximum per extension) $25 $25 (minimum) $325/hr. (1 hr. minimum) See Construction Mitigation Fees within Section $25 $325/hr. (1 hr. minimum) See Parks Department Fees Sec. 2.12.080 $25 $25/100 sqft of roofing $325/hr. See Construction Mitigation Fees within Section See Parks Department Fees Sec. 2.12.080 INTERIOR FINISH & FIXTURE REMOVAL FEE $100 Page 17 of 34 88 ORDINANCE NO. 11 Series of 2025 CERTIFICATE OF OCCUPANCY Permanent Certificate Temporary Certificate per Occurrence (max $5,000 ea.) Stop Work Order or Correction Notice – 1st Infraction Stop Work Order or Correction Notice – 2nd Infraction Stop Work Order or Correction Notice – 3rd Infraction (license subject to suspension or revocation) Project Valuation < = $5,000 Project Valuation > $5,000 FEE WAIVERS FOR NON-PROFIT ORGANIZATIONS 2 Times Permit Valuation Fee 4 Times Permit Valuation Fee 8 Times Permit Valuation Fee The Chief Building Official may from time to time implement lower fees to encourage certain types of building improvements as directed by the City Council or City Manager. Example programs may include energy efficiency improvements, accessibility improvements and the like. Special fees shall not exceed those otherwise required. Notwithstanding the building permit fee schedule, City Council may authorize a reduction or waiver of building permit fees, engineering review fees, or construction mitigation fees as deemed appropriate. The Community Development Director shall waive building permit fees for General Fund Departments of the City of Aspen consistent with City policy. The Community Development Director may reduce building permit review fees by no more than 50% for projects with a fee significantly disproportionate to the service requirements. The City may not waive or reduce fees collected on behalf of a separate government agency. The City may not reduce or waive a tax. Included in Building Permit Fee 7.5% of Building Permit Fee Projects that had a Land Use review cannot submit for a building permit until all invoices related to the Land Use review have been paid in full. Additional penalties, pursuant to Municipal Code Section 26.104.070, Land Use Application Fees, also may be applicable. For violations of the adopted building codes other than a stop work order or correction notice, the Chief Building Official may issue a Municipal Court citation. Fees, fines, and penalties by citation for violations of the Building Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Penalties may include: revocation of Contractor License(s); prohibition of any work on the property for a period of time; recovery of costs to the public for any required remediation of the site; additional Building Permit Review Fees; fees to recover administrative costs required by City staff to address the violation; and, other fees, fines, and penalties or assessments as assigned by the Municipal Court Judge. No Certificate of Occupancy shall be issued until all fees have been paid in full. Violations of this policy are subject to fines. ENFORCEMENT FEES AND PENALTIES COMMUNITY PURPOSE DISCOUNT PROGRAMS Applications submitted for Building Permits by nonprofit organizations (as determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have planning/building permit fees waived based on the following schedule: 100% Fee Waiver 50% Fee Waiver of Fees for Project Valuations between $5,000 and $250,000 Building Plan Check, Energy Code, Permit Fees, Engineering, Parks Review Fees: Fee waivers shall not exceed a combined value of $15,000 for a single project per twelve consecutive month period. All other applicable utilities fees are not subject to this waiver, including but not limited to: investment charge, connection permit, tap fees, hook-up charges, service fees, and electric extension costs. Page 18 of 34 89 ORDINANCE NO. 11 Series of 2025 Category of Work % of Building Permit Fee Charged Length of City Agreement Minor interior upgrade (e.g., paint, carpet, light fixtures) $0 5 years Minor exterior upgrade (e.g., new windows, new paint/exterior materials)$0 5 years Major interior upgrade A (e.g., remodel units, including bathrooms)$1 10 years Major interior upgrade B (e.g., remodel common areas and any kitchen/food service facilities)$1 10 years Redevelopment or Major Expansion $1 20 years Engineering Development Fees 200 – 500 SF 501 – 1000 SF Above 1000 SF (PSF) Change Order PSF Construction Mitigation Fees Engineering Construction Mitigation (PSF) Interior Finish & Fixture Removal Roof Repair Repair, other Change Order PSF FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS This Section of the Code sets forth engineering review fees for the City Engineering Department, and shall be applied to applications submitted on or after January 1, 2026: $786 $1,517 $2 $1 Plan Check fees are not refundable for expired or cancelled permits. Impact mitigation fees for un-built projects (construction not started) shall be refunded 100%. Building permit and impact fees for partially constructed projects are not refundable. Expired or cancelled permits are not renewable. Projects with expired or cancelled permits must reapply for building permits and pay all applicable fees. Projects with expired or cancelled permits that have previously paid impact fees need only pay (or be refunded) the difference in impact fees when applying for a new permit. Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver for Building, Engineering, Parks, and Zoning; Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and does not apply to existing individual affordable housing units that may be seeking a remodel, expansion, etc. EXPIRED or CANCELLED PERMITS and REFUNDS SMALL LODGE PROGRAM Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015, are eligible for reduced building permit review fees based on the following schedule. To be eligible for the discount, all lodges must enter into an agreement with the City stating that the property will remain a lodge for a minimum number of years, and that if the use changes during that time period, the property shall owe the City 100% of the building permit fees. The reductions shall apply to Plan Check, Energy Code, Zoning Review, Engineering Review, CMP, and Building Permit fees. $1 $674 $337 $337 $0 Page 19 of 34 90 ORDINANCE NO. 11 Series of 2025 Erosion Fees Erosion and Sediment Fee (PSF) Change Order PSF Engineering Land Use Review Administrative, Minor Non-NOA Administrative, Major NOA Board Review, Minor Board Review, Major Planned Development & Other Complex Cases RESIDENTIAL ELECTRICAL FEES Living area not more than 1,000 square feet Living area 1,001 to 1,500 square feet Living area 1,501 to 2,000 square feet Living area over 2,000 square feet Other Electrical Installation Fees Installation Permit on Projects Valuing Less than $2,000 Installation Permit on Projects Valuing $2,000 or More Re-Inspections Extra Inspections Photovoltaic Generation System (Valuation based on cost to customer of labor, materials, & items) Residential: Valuation not more than $2,000 Residential: Valuation $2,001 and above Commercial: Valuation not more than $2,000 Commercial: Valuation $2,001 and above Fee is based on the enclosed living area only, includes construction of, or remodeling or addition to a single- family home, duplex, condominium, or townhouse.If not wiring any portion of the above listed structures, and are only changing or providing a service, see “Other Electrical Installation Fees” below. $155 $233 $310 $310 + $16 per 100 sqft over 2,000 Including some residential installations that are not based on square footage (not in a living area, i.e., garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the total cost to customer, including electrical materials, items and labor - whether provided by the contractor or the property owner. Use this chart for a service connection, a temporary meter, and all commercial installations. Fifty percent of the construction mitigation fee will be collected at permit submission; the remaining fifty percent upon permit issuance. Fees are not triggered unless a Construction Mitigation Review is performed. Triggers for the Construction Mitigation Review are located in the Construction Mitigation Plan requirements. This Section of the Code sets forth electrical permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2026: $0 $0 $1,404 $2,247 $1,685 $5,618 $16,853 $115 plus $11.50 per thousand or fraction thereof (max $500) $115 $115 $115 plus $11.50 per thousand or fraction thereof (max $1,000) $155 $155 + $16 per thousand dollars (rounded up) $78 $78 Page 20 of 34 91 ORDINANCE NO. 11 Series of 2025 Mechanical Permit (per unit) Supplemental Permit for which the original has not expired, been canceled or finalized (per unit) Forced-air or gravity-type furnace or burner, including attached ducts and vents; floor furnace, including vent; suspended heater; recessed wall heater or floor-mounted unit heater (per unit) Each appliance vent installed and not included in an appliance permit Each refrigeration unit, cooling unit, absorption unit or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code Each boiler or compressor to and including 3 horsepower (10.6 kW) or each absorption system to and including 100,000 Btu/h (29.3 kW) Each boiler or compressor over 3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW) or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (293.1 kW) Each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW) or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) Each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW) or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) Each boiler or compressor over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW) Each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 L/s), including ducts attached thereto Each air-handling unit over 10,000 cfm (4,719 L/s) This Section of the Code sets forth mechanical permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2026: Cooling Systems Boilers, Compressors and Absorption Systems (installation or relocation) $33 $66 $66 Appliance Vents (installation, relocation or replacement) $33 MECHANICAL PERMIT FEES $66 $27 UNIT FEE SCHEDULE Furnaces (installation or relocation) $66 $332 Air Handlers Fee does not apply to units included with a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. $33 $133 $177 $265 Page 21 of 34 92 ORDINANCE NO. 11 Series of 2025 Each evaporative cooler other than portable type Each ventilation fan connected to a single duct Each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit Each hood which is served by the mechanical exhaust, including the ducts for such hood Each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories or for which no other fee is listed in the table Hourly inspection fee outside of normal business hrs (min. 2 hrs) Re-inspection fees assessed under Section 305.8 (per inspection) Hourly inspections fee for unspecified inspection type(min. 1 hr) Hourly fee for additional plan review required by changes, additions or revisions to plans or plans for which an initial review has been completed Plumbing Permit (per issuance) Each supplemental permit for which the original has not expired, been canceled or finalized Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection) For repair or alteration of drainage or vent piping, each fixture Each building sewer and each trailer park sewer Each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as traps Rainwater systems, per drain (inside buildings) Evaporative Coolers $33 Ventilation and Exhaust $325 $325 $325 $325 Miscellaneous Other Mechanical Inspections Fees $27 $33 $33 $33 $27 $13 Sewers, Disposal Systems and Interceptors $265 This Section of the Code sets forth plumbing permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2026: PLUMBING PERMIT FEES $66 $27 UNIT FEE SCHEDULE Fixtures and Vents $66 $33 Page 22 of 34 93 ORDINANCE NO. 11 Series of 2025 For installation, alteration or repair of water piping or water-treating equipment or both, each For each water heater, including vent Each gas piping system of one to five outlets Each additional outlet over five, each Each lawn sprinkler system on any one meter, including backflow protection devices thereof 1 to 5 devices Over 5 devices, each 2 inches (50.88 mm) and smaller Over 2 inches (50.8 mm) Each public pool Each public spa Each private pool Each private spa Each appliance or piece of equipment regulated by the Plumbing Code but not classed in other appliance categories or for which no other fee is listed in this code Hourly inspection fee outside of normal business hrs. (min. 2 hrs) Re-inspection fees – inspections required after a failed inspection (per inspection) Hourly inspections fee for unspecified inspection type (min. 1 hr) Hourly fee for additional plan review required by changes, additions or revisions to plans or plans for which an initial review has been completed Unlimited Commercial Light Commercial Homebuilder This Section of the Code sets forth licensing fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2026: $33 Gas Piping Systems $13 $7 $33 $53 Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices $27 $27 For atmospheric-type vacuum breakers or backflow protection devices not included in Fixtures and Vents: Water Piping and Water Heaters $27 $7 Each backflow-protection device other than atmospheric-type vacuum breakers: $325 $325 $325 Miscellaneous $33 Other Plumbing Inspection Fees $325 Swimming Pools $1,592 $796 $531 $265 General Contractor Licenses (3-year term) $450 $450 $450 $450 Page 23 of 34 94 ORDINANCE NO. 11 Series of 2025 Alteration and Maintenance Drywaller Fire Resistive Construction & Penetrations Excavation Insulation / Energy Efficiency Mechanical Contractor Radon Mitigation Roofing Solid Fuel and Gas Appliance Temporary Contractor Tent Installer Concrete Low Voltage Masonry Fire Alarm System Installer Fire Sprinkler System Installer FEES Application Monthly Membership Hourly Usage Per Mile Usage Fixed daily Rate No Reservation Fee Emergency Cleaning (per hour, plus cleaning costs) Missing/Incorrect Trip Ticket/Reservation NSF Check Lost Key Fee Late Return Fee (per hour, plus applicable taxi fees) Low Fuel Fee (plus applicable taxi fees) CREDITS Inconvenience Credit (per hour, plus applicable taxi fees) Referral Refuel / Wash Specialty Contractor Licenses (3-year terms) That Section 2.12.130 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Car-to-Go Carshare Program, is hereby amended to read as follows: $10 $4 - $6 $142 $142 $142 $142 $142 $142 $142 $142 (Ord. No. 63-2003, §7; Ord. No. 38-2004, §6; Ord. No. 49-2005, §8; Ord. No. 48, 2006, §12; Ord. No. 3-2011, §1; Ord. No. 29-2012; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32- 2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11- 2025) $25 $142 $142 $142 $142 $142 $142 $142 $30 - $50 $50 $50 $30 - $50 $30 - $50 $30 - $50 $30 - $50 $0.40 - $0.60 $70 - $90 Sec. 2.12.130. Car-To-Go Carshare Program fees $30 - $50 $25 $4 / $6 Page 24 of 34 95 ORDINANCE NO. 11 Series of 2025 Sec. 2.12.140. Stormwater fees Fee-in-Lieu of Detention Fee (per cubic foot of detention req.) Monthly Recurring Charge Non-Recurring Charge High-Speed Dedicated Internet Access (DIA)* 100 Mpbs/100 Mpbs Upload/Download $368 $250 200 Mpbs/200 Mpbs Upload/Download $525 $250 500 Mpbs/500 Mpbs Upload/Download $788 $250 1 Gbps/1 Gbps Upload/Download $1,575 $250 That Section 2.12.140 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Stormwater Department, is hereby amended to read as follows: (Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40- 2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17- 2024; Ord. No 11-2025) $79 (a) The fee is based on 100 percent of the estimated cost of constructing a detention facility on-site. The City Engineer at his/her sole discretion may require a certified cost estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be paid in-lieu-of detention. (b) Required detention storage shall be calculated at the rate of 6.20 cubic feet per 100 square feet of impervious area. The City Engineer at his/her sole discretion may require a certified storage volume estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be used for detention volume storage requirements. (Ord. No. 40-2008; Ord. No. 27-2009§11; Ord. No. 29-2010§11; Ord. No. 15-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) That Section 2.12.150 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Community Broadband, is hereby amended to read as follows: Sec. 2.12.150. Community Broadband (Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) *1. Assumes fiber pair available to location 2. Internet service includes 1 dynamic IP address 3. Higher bandwidth and different services may be available on a customized basis 4. Flexibility at discretion of Aspen City Manager Page 25 of 34 96 ORDINANCE NO. 11 Series of 2025 That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth land use application fees, is hereby amended to read as follows: The Community Development Director shall bill applicants for any incidental costs of reviewing an application at direct costs, with no administrative or processing charge. Planning Review: Deposit and Billing Administration This Section of the code sets forth certain fees related to planning and historic preservation as follows, applicable to applications submitted on or after January 1, 2026: Sec. 26.104.070. Land Use Application Fees The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time than is covered by the deposit. In the event the processing of an application by the Community Development Department takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee. The Community Development Director shall establish appropriate guidelines for the regular issuance of invoices and collection of amounts due. The Community Development Director shall establish appropriate guidelines for the collection of past due invoices, as required, which may include any of the following: 1) assessment of additional late fees for accounts at least 90 days past due in an amount not to exceed 1.75% per month, 2) stopping application processing, 3) reviewing past-due accounts with City Council, 4) withholding the issuance of a Development Order, 5) withholding the recordation of development documents, 6) prohibiting the acceptance of building permits for the subject property, 7) ceasing building permit processing, 8) revoking an issued building permit, 9) implementing other penalties, assessments, fines, or actions as may be assigned by the Municipal Court Judge. Flat fees for the processing of applications shall be cumulative. Applications for more than one land use review requiring an hourly deposit on planning time shall require submission of the larger deposit amount. Land use review fee deposits may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. Review fees for projects requiring conceptual or project review, final or detail review, and recordation of approval documents. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual/project, final/detail, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual/project approval all billing shall be reconciled, and all past due invoices shall be paid prior to the Director accepting an application for final/detail review. Final/detail review shall require a new deposit at the rate in effect at the time of final application submission. Upon final/detail approval, all billing shall again be reconciled prior to the Director accepting an application for review of recordation documents. Notwithstanding the planning review fee schedule, the Community Development Director shall waive planning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. Page 26 of 34 97 ORDINANCE NO. 11 Series of 2025 Total Fees < $2,500 Total Fees $2,500 - $10,000 Pre-Application / Pre-Permit Meetings Call-in / Walk-in Development Questions GMQS – SF or Dx on Historic Landmark Historic Designation Historic Preservation – Exempt Development Historic Preservation – Minor Amendment, HPO Review Historic Preservation – Minor Amendment, Monitor Review Development Order Publication Fee First Residential Design Compliance Review GMQS – Temporary Food Vending Code Interpretation – Formal Issuance Historic Preservation – Certification of No Negative Effect Temporary Use – Admin. GMQS – SF or Dx Replacement, Cash-in-Lieu GMQS – SF or Dx Replacement, Admin. GMQS – Change-in-Use for Historic Landmark GMQS – Minor Enlargement for Historic Landmark GMQS – Alley Store GMQS – Exemption from MF Housing Replacement Residential Design Compliance Review (after 1st free) Residential Design Variance, Admin. GMQS – Minor Enlargement, Non-Historic Free Free Free Free Free Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver of Planning Review fees. Free Services Free Free Free Free $325 $325 $325 Applicant meetings with a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service. Planning Review – Administrative, Flat Fees $81 $81 $81 $163 $325 $325 $325 $163 $325 $650 Fee waivers shall not exceed a combined value of $6,250 for a single project per organization over a twelve consecutive month period. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. 100% Waiver 50% Waiver Fee Waivers for Affordable Housing Projects Fee Waivers for Non-Profit Organizations Applications submitted for Land Use/Historic Preservation reviews by nonprofit organizations, (as determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have planning review fees waived based on the following schedule: Page 27 of 34 98 ORDINANCE NO. 11 Series of 2025 Review of Administrative Subdivisions, Condominium Plats, or Amendments (Includes City Attorney and other referral departments’ time at same hourly rate; City Engineer review time billed at rate specified below) Recordation Documents Review - Subdivision plats, Subdivision exemption plats (except condominiums), PD plans, development agreements, subdivision agreements, PD agreements, or amendments to recorded documents (Includes City Attorney and other referral departments’ time at same hourly rate; City Engineer review time billed at rate specified below) Administrative wireless telecommunication review Admin. Condominium or Special Review Admin. ESA or ESA Exemption Admin. Subdivision – Lot Line Adjustment Admin. PD Amendments Admin. Commercial Design Review Amendment Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Historic Preservation – Minor Development Historic Preservation – Major Development up to 1,000 sq. ft. Temporary Use, City Council Vested Rights Extension, City Council Appeals of Administrative or Board Decisions Historic Preservation – Major Development over 1,000 sq. ft. Historic Preservation – Demolitions and Off-Site Relocations Historic Preservation – Substantial Amendment Board of Adjustment Variance Timeshare -- P&Z Review Growth Management (includes AH certification), Conditional Use Special Review (includes ADU @ P&Z), Environmentally Sensitive Area Review, Residential Design Variance – P&Z Minor Subdivision – Lot Split, Historical Lot Split $975 (3-hour deposit) $1,300 (4-hour deposit) $325 Planning Review – Administrative, Hourly Fees If review process takes less time than the number of hours listed below, refunds will be made to applicants for unused hours purchased within initial deposits. $650 (2-hour deposit) $975 (3-hour deposit) $3,250 (10-hour deposit) Planning Review: One-Step Hourly Fee $1,300 (4-hour deposit) $1,950 (6-hour deposit) Referral Agency Fees: Administrative, If Applicable See Engineering Land Use Review in Sec 2.12.100 $325 $650 $650 Page 28 of 34 99 ORDINANCE NO. 11 Series of 2025 PD Amendment – P&Z Only SPA Amendment, P&Z Only Commercial Design Review, Conceptual or Final Growth Management, Major P&Z or City Council Subdivision “Other” Review – City Council Only Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Major Subdivision Review Land Use Code Amendment Rezoning or Initial Zoning (Annexations) Additional Hours – If necessary (per hour) Engineering Review Fee Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Planned Development or PD Substantial Amendment Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Hourly fee for any additional plan review for which no other specific fee has been established $4,450 $325 Planning Review: One-Step Hourly Fee (continued) $1,300 $1,300 $325 See Engineering Land Use Review in Sec 2.12.100 Planning Review: Two-Step Hourly Fee $7,800 (24-hour deposit) $325 Referral Agency Fees: Two-Step Review, If Applicable Referral Agency Fees: One-Step Review, If Applicable See Engineering Land Use Review in Sec 2.12.100 $325 $975 $975 Planning Review: Public Project Review or Joint Applicant Applications for the City's Public Project process shall be assessed land use review fees and/or a portion of joint planning costs as determined appropriate by City Council. If no such determination is made, the application shall be billed as a PD. Planning Review: Other $325 (Ord. No. 57-2000, §9; Ord. No. 47-2002, §8; Ord. No. 63-2003, §4; Ord. No. 38-2004, §7; Ord. No. 49-2005, §9; Ord. No. 48, 2006, §13; Ord. 52-2007; Ord. No.4 - 2011, §2; Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024; Ord. No 11-2025) See Engineering Land Use Review in Sec 2.12.100 $325 $1,625 $1,625 Planning Review: PD Hourly Fee $10,400 (32-hour deposit) $325 Referral Agency Fees: PD Reviews, If Applicable Page 29 of 34 100 ORDINANCE NO. 11 Series of 2025 Zoning Permit Fee of $500 or More Hourly Zoning Review Fee Expedited Zoning Review Fee – services subject to authorization by Community Development Director and subject to department workload, staffing and effects on other projects Change Order Fees: For changes not requiring a new measurement of floor area, height, net leasable, or net livable space Change Order Fees: For changes requiring a new measurement of floor area, height, net leasable, or net livable space Sec. 26.104.072. Zoning Review fees Zoning review fees shall apply to all development requiring a building permit and all development not requiring a building permit, but which requires review by the Community Development Department. The fee covers the Zoning Officer's review of a permit, including any correspondence with the case planner, Historic Preservation Officer, the Department’s Deputy Director or Director, or other City staff. A permit or a change order to a permit that requires a floor area, height, net leasable, or net livable measurement by the Zoning Officer shall be considered a Major permit. Official confirmation of existing conditions of a property that requires measurement of floor area, height, net leasable area, or net livable area of a structure, prior to demolition or for other purposes also shall be considered a Major permit. All other permits are considered minor permits. For the purposes of zoning fees, the square footage used to calculate the fee shall be the greater of the gross square footage affected by the permit or the gross square footage that must be measured to review the permit. All change orders to a permit require additional fees. For projects with multiple uses, the zoning review fee for each individual use shall be calculated based on the gross square footage of the use and added to determine the total project fee. Zoning review fees for major permits for properties within a Planned Development shall be 125% of the fee schedule. This Section of the code sets forth certain fees related to zoning as follows, applicable to applications submitted on or after January 1, 2026: That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section sets forth zoning review fees, is hereby amended to read as follows: Special Services – Zoning Review $325 Double applicable zoning review fee Minor Zoning Fee Zoning referral fees - for official zoning comments on a planning application - shall be according to the fees policy for planning review. Notwithstanding the zoning review fee schedule, the Community Development Director shall waive zoning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or waiver of zoning review fees as deemed appropriate. Fees Due at Permit Submittal 50% of Zoning Permit Fee Major Zoning Fee Change orders for projects within a PD shall be assessed 125% of the fee schedule. Page 30 of 34 101 ORDINANCE NO. 11 Series of 2025 Business License Approval – Zoning (other fees may be required by City Finance) Vacation Rental Permit – Zoning (other fees may be required by City Finance) Special Review or Inspection Hourly Fee – Zoning (when no fee is otherwise established, 1 hour minimum) Certificate of Occupancy or Final Inspection Fee – Zoning Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Major Zoning Fee – requires measurement or confirmation of existing conditions Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 500 square feet (minimum $325) 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Demolition Zoning Review Fees Minor Zoning Fee – does not require measurement or confirmation of existing conditions $65 $163 Free $325 Included in Zoning Review Fee Applicant meetings with the Zoning Officer to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Zoning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service. Free Exterior Repair Zoning Review Fees Applies to residential, commercial, lodging, arts/cultural/civic, or institutional exterior repair work requiring a building permit or review by the Historic Preservation Officer. Based on wall area or roof area being repaired. (Excludes signs and awnings.) $33 $65 $163 $325 $244 $325 Major fee according to specified land use $1.30 / SF $1.40 / SF $1.55 / SF $1.70 / SF Residential Zoning Review Fees Applies to single-family, duplex, accessory dwelling units, carriage houses, multi-family, and residential units in a mixed-use building. $325 $650 $975 $1,300 Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order $33 Page 31 of 34 102 ORDINANCE NO. 11 Series of 2025 - Projects up to $5,000 in total valuation Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 500 square feet (minimum $325) 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 5,000 square feet (minimum $325) Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 1,000 square feet 1,001 to 5,000 square feet 5,001 to 10,000 square feet Over 10,000 square feet Up to 5,000 square feet (minimum $325) Over 5,000 square feet Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order $325 $650 $975 $1,300 Major Arts/Cultural/Civic/Institutional permits within a PD shall be 125% of the above fee schedule. $0.51 / SF $0.62 / SF Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order Lodging Zoning Review Fees $33 $325 $650 $33 Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order Arts/Cultural/Civic/Institutional Zoning Review Fees Major lodging permits within a PD shall be 125% of the above fee schedule. $975 $1,300 $0.51 / SF $0.62 / SF Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order Applies to commercial projects and commercial portions of a mixed-use project $1,300 $975 $650 $325 Major commercial permits within a PD shall be 125% of the above fee schedule. Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order $1.30 / SF $1.40 / SF $1.55 / SF $1.70 / SF Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order - Projects Over $5,000 in total valuation: $33 Major residential permits within a PD shall be 125% of the above fee schedule. Commercial Zoning Review Fees Page 32 of 34 103 ORDINANCE NO. 11 Series of 2025 Individual Sign Permit Fee (per sign) Multiple Sign Permit Fee (per business, unlimited signs) Sandwich Board Sign License (must be renewed annually) Outdoor Merchandising on Public Property 0 to 4 SF 4 to 50 SF More than 50 SF Awnings require a Building Permit Individual Banner Installation Fee Double Banner Installation Fee Light Pole Banner Installation Fee (per pole) Single Family and Duplex Residential All Other Uses Single Family and Duplex Residential All Other Uses First Infraction (minimum of $325) Second Infraction (minimum of $650) Third Infraction (minimum of $975) First Infraction (minimum of $500) Second Infraction (minimum of $500) Third Infraction (minimum of $500; subject to additional penalties by citation as assigned by the Municipal Judge) Two Times Zoning Review Fee Four Times Zoning Review Fee Enforcement Fees, Fines, and Penalties No certificate of occupancy or temporary certificate of occupancy shall be issued until all fees have been paid in full. Failure to pay applicable fees is subject to fines, penalties, or assessments as assigned by the Municipal Court Judge. Non-Permitted Work Fee Work done without a zoning approval (when one is required), without a building permit (when one is required), or work done counter to an issued zoning approval is subject to this enforcement fee. Non-permitted work fee is per infraction and per project. Additional hourly fees may be applicable to account for staff time. No other action on the project may occur until non-permitted work issue has been rectified to the satisfaction of the Community Development Director. Any correction requiring a building permit or zoning application shall also be subject to the Correction Order Fees described below. Hourly fee for staff time in excess of one hour Hourly fee for staff time in excess of one hour Eight Times Zoning Review Fee $67 $165 Fence– Zoning Review Fee $20 $65 $163 Combined Zoning and Building Review Fee Wildlife Resistant Trash and Recycling Enclosures – This fee shall apply to any work required to correct a zoning violation or to permit work that has been accomplished without a permit or not covered by an issued permit. Infractions are per project. For any correction requiring a planning review, the planning review fees shall be increased according to the below schedule. Hourly fee for staff time in excess of one hour Correction Order Fee $65 $163 Sandwich board locations must be approved by Zoning Officer. $65 $163 Free Outdoor merchandise location must be approved by the Zoning Officer. $163 $65 Free Refer to Building Permit Fee Schedule Signs/Awnings/Outdoor Merchandising – Zoning Review Fees Page 33 of 34 104 ORDINANCE NO. 11 Series of 2025 Rachel Richards, Mayor ATTEST: Nicole Henning, City Clerk Rachel Richards, Mayor ATTEST: Nicole Henning, City Clerk FINALLY adopted, passed and approved this 18th day of November 2025. A public hearing on the ordinance shall be held on the 18th day of November, 2025, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 11th day of November, 2025. Fees, fines, and penalties by citation for violations of the Land Use Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Zoning Enforcement Fee may include an assessment for administrative time required by the Zoning Officer to address the violation. Municipal Court Enforcement - Zoning Page 34 of 34 105 Fee Ordinance Changes Summary 2025 2025 2026 2026 YOY Variance YOY Variance Early Season Regular Season Early Season Regular Season Early Season Regular Season Greens Fees / Passes Platinum $3,400 $3,400 $3,500 $3,500 2.94% 2.94% Gold $1,700 $1,700 $2,500 $2,500 47.06% 47.06% Silver $1,100 $1,100 $1,700 $1,700 54.55% 54.55% Delete Punch Pass $900 $900 DELETE DELETE DELETE DELETE Junior $250 $250 $300 $300 20.00% 20.00% Delete Twilight $735 $735 DELETE DELETE DELETE DELETE Delete College Pass $525 $525 DELETE DELETE DELETE DELETE Senior Greens Fee – 9 Hole N/A $45 N/A $70 N/A 55.56% Senior Greens Fee – Primary Resident (Must Show ID)N/A $85 N/A $105 N/A 23.53% Military Rate (Must Show Proper ID)N/A $100 N/A $125 N/A 25.00% Green Fee – Guest of Member N/A $100 N/A $125 N/A 25.00% Cart and Club Rentals Golf Cart – 18 Holes N/A $26.50 N/A $20.00 N/A -24.53% Delete Golf Cart – Members: 18 Holes N/A $24.50 N/A DELETE N/A DELETE Golf Cart – 9 Holes N/A $21.50 N/A $16.00 N/A -25.58% Delete Golf Cart – Members: 9 Holes N/A $19.50 N/A DELETE N/A DELETE Delete Unlimited Golf Cart Pass N/A $450 N/A DELETE N/A DELETE Pull Cart – 18 Holes N/A $20.50 N/A $20.00 N/A -2.44% Delete Pull Cart – Members: 18 Holes N/A $18.50 N/A DELETE N/A DELETE Delete Pull Cart – Members: 9 Holes N/A $13.50 N/A DELETE N/A DELETE Lockers and Range Range Large Bucket N/A $14.50 N/A $12.00 N/A -17.24% Delete Range Large Bucket – Members N/A $12.50 N/A DELETE N/A DELETE Range Small Bucket N/A $12.50 N/A $9.00 N/A -28.00% Delete Range Small Bucket – Members N/A $10.50 N/A DELETE N/A DELETE Late Cancellation / No Show Fee N/A N/A N/A $55 N/A N/A 2025 2025 2026 2026 YOY Variance YOY Variance Min Cost Recovery Max Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Daily Admission Youth / Senior - Primary Resident (81611)50% $13 50% $14 0.00% 7.69% Youth / Senior - Guest 75% $30 75% $32 0.00% 6.67% Adult - Primary Resident (81611)50% $15 50% $16 0.00% 6.67% Adult - Guest 75% $32 75% $35 0.00% 9.38% Sec. 2.12.014 Recreation Department Fun Pass Sec. 2.12.010. Aspen Municipal Golf Course 106 Fee Ordinance Changes Summary 2025 2025 2026 2026 YOY Variance YOY Variance Min Cost Recovery Max Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Memberships Youth / Senior -1-month 30% $85 30% $92 0.00% 8.24% Youth / Senior - 3-month 30% $192 30% $207 0.00% 7.81% Youth / Senior - 6-month 30% $376 30% $406 0.00% 7.98% Youth / Senior - 12-month 30% $629 30% $679 0.00% 7.95% Youth / Senior - 20 Punch Pass 30% $231 30% $249 0.00% 7.79% Adult - 1-month 30% $146 30% $158 0.00% 8.22% Adult - 3-month 30% $340 30% $367 0.00% 7.94% Adult - 6-month 30% $460 30% $497 0.00% 8.04% Adult - 12-month 30% $809 30% $874 0.00% 8.03% Adult - 20 Punch Pass 30% $278 30% $300 0.00% 7.91% Family - 1-month 30% $279 30% $301 0.00% 7.89% Family - 3-month 30% $540 30% $583 0.00% 7.96% Family - 6-month 30% $967 30% $1,044 0.00% 7.96% Family - 12-month 30% $1,584 30% $1,711 0.00% 8.02% Corporate Punch Passes Non-Profit (100 Punches)30% $1,300 30% $1,404 0.00% 8.00% For Profit (100 Punches)30% $3,000 30% $3,240 0.00% 8.00% For Profit (500 Punches)30% $9,512 30% $10,273 0.00% 8.00% 2025 2025 2026 2026 YOY Variance YOY Variance Non-Profit For Profit Non-Profit For Profit YOY Variance YOY Variance ARC Meeting Room - per hour $33 $90 $36 $97 9.09% 7.78% ARC Full Facility Rental - per day $15,000 $20,000 $16,200 $21,600 8.00% 8.00% Tennis/Pickleball One Court Rental - per hour $36 $40 $39 $43 8.33% 7.50% ARC Pavilion Rental - per hour $33 $90 $36 $97 9.09% 7.78% 2025 2025 2026 2026 YOY Variance YOY Variance Non-Profit For Profit Non-Profit For Profit YOY Variance YOY Variance Ice Facility Rental Ice - Facility Rental - per hour $298 $404 $322 $436 8.05% 7.92% Ice - Facility Rental - per day $6,300 $8,000 $6,804 $8,640 8.00% 8.00% 2025 2025 2026 2026 YOY Variance YOY Variance Min Cost Recovery Max Fee Non-Profit For Profit Non-Profit For Profit Rentals Aquatic Facility Rental - per hour $298 $404 $322 $436 8.05% 7.92% Aquatic Facility Rental - per lane per hour $16 $27 $17 $29 6.25% 7.41% Aquatic Facility Rental - per day $6,300 $8,000 $6,804 $8,640 8.00% 8.00% Sec. 2.12.030. James E. Moore Pool Sec. 2.12.015. Aspen Recreation Center Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena Aspen Recreation Center (ARC) Facility Rental Fees 107 Fee Ordinance Changes Summary 2025 2025 2026 2026 YOY Variance YOY Variance Min Cost Recovery Max Fee Min Cost Recovery Max Fee YOY Variance YOY Variance Youth Ice Programming Youth Group Lessons - per session 30% $50 30% $54 0.00% 8.00% Private Lessons - per 1/2 hour 30% $67 30% $72 0.00% 7.46% Multiple Session Pass 30% $900 30% $972 0.00% 8.00% Youth Swim Lessons Youth Group Lessons - per session 20% $48 20% $52 0.00% 8.33% Private Lessons - per 1/2 hour 20% $66 20% $71 0.00% 7.58% Youth Programming Tier I: Drop In Fee 30% $25 30% $27 0.00% 8.00% Tier II: Under 6 yrs. per sport per season (t-ball, kinder basketball)30% $76 30% $82 0.00% 7.89% Tier III: In-house sports leagues/lessons (soccer, spring basketball)30% $121 30% $131 0.00% 8.26% Tier IV: Traveling leagues (baseball, winter basketball)30% $184 30% $199 0.00% 8.15% Youth classes (dance, karate, climbing)30% $87 30% $94 0.00% 8.05% Afterschool Camp - Daily Rate 5% $20 5% $22 0.00% 10.00% Day Camp - Daily Rate 5% $54 5% $68 0.00% 25.93% Specialty Programs - per day 50% $141 50% $152 0.00% 7.80% Specialty Programs - per week 50% $895 50% $967 0.00% 8.04% Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Adult Programming - Individual Tier I: Drop In Fee 75% $25 75% $27 0.00% 8.00% Tier II: Personal Instruction 75% $200 75% $216 0.00% 8.00% Tier III: Multiple Session Pass 75% $900 75% $972 0.00% 8.00% Adult classes (CPR, Lifeguard Training)30% $334 30% $361 0.00% 8.08% Adult Sports - Team Tier I: Individual Registrant Fee 75% $384 75% $415 0.00% 8.07% Tier II: Full Team Registration Fee 75% $1,167 75% $1,260 0.00% 7.97% Other Fees Ball Machine Rental - per hour 75% $33 75% $36 0.00% 9.09% Birthday Party Bounce House - per hour 75% $75 75% $108 0.00% 44.00% Locker Rental: 6-month & annual 75% $120 75% $194 0.00% 61.67% Services: (skate sharping, towel / skate rental, etc.)75% $20 75% $22 0.00% 10.00% Merchandise (swimsuits, tape, goggles, etc.)75% $50 75% $54 0.00% 8.00% Non-Profit For Profit Non-Profit For Profit YOY Variance YOY Variance Red Brick Gym Facility Rental - per hour $55.00 $90.00 $59.00 $97.00 7.27% 7.78% Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees 108 Fee Ordinance Changes Summary Program Fees Adult Class - up to 2 hrs* Adult Class - 2 hrs to 4 hrs* Adult Class - full day rate* Youth – Art Camp (1 week) Youth Art Class - up to 2 hrs* Youth Art Class - 2 hrs to 4 hrs* Youth Art Class - full day rate* Private Adult Art Class - for an individual, up to 2 hours Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours Private Adult Art Class - for a group over 5 people, up to 2 hours, per person Private Youth Art Class - for a group up to 8 children, up to 2 hours Private Youth Art Class - for a group of 9 children or more, up to 2 hours Facility Fees Tenant Rent (per sq. foot) Parking Permit Sec. 2.12.045. Wheeler Opera House 2025 2025 2026 2026 YOY Variance YOY Variance For-Profit Non-Profit For-Profit Non-Profit For-Profit Non-Profit All Rates Below Include Rehearsals & Performances Public Event Day Rate | Mon-Thurs (up to 2 events per day)$875 $490 $963 $539 10.06% 10.00% Public Event Day Rate | Fri-Sun (up to 2 events per day)$965 $540 $1,062 $594 10.05% 10.00% Tech/Rehearsal Rate | Mon-Thurs $685 $390 $754 $429 10.07% 10.00% Tech/Rehearsal Rate | Fri-Sun $965 $540 $1,062 $594 10.05% 10.00% Weekly Rate | Mon-Fri (5 day max.) $3,500 $1,960 $3,850 $2,156 10.00% 10.00% Rename Private Event Day Rate $5,000 $975 $5,500 $1,073 10.00% 10.05% The Vault Lobby Only (hourly, max. 4 hrs.) N/A $100 $220 $110 N/A 10.00% New Parcel Rental (approval required at contracting) N/A N/A $500 $300 N/A N/A Labor Rates - Per Hour / 4 Hour Minimum per person Rename Production Manager $40 $40 Rename Audio and Lighting Supervisors $40 $40 Rename Theatre Technicians $30 $30 Rename House Management Staff $30 $30 Delete Box Office Ticket Sellers $0 $0 Rename Box Office Staff Onsite $31 $31 Rename Box Office Staff Offsite $40 $40 New Other Labor - Per Hour Rename Custodial Services Technician $37 $37 Rename Catering Coordination $40 $40 Rename Foodservice Cleaning Rate $75 $75 New Security N/A N/A 10.81% 10.00% 10.67% N/A $44 $44 $33 $33 DELETE $34 $44 $41 $44 Market Rate 10.00% 10.00% 10.00% 10.00% DELETE 9.68% 10.00% $83 $100 $102 2.00% $198 $203 2.53% $371 $86 $88 2.33% $118 2.35% $128 $117 0.85% 2.51% $427 $437 2.23% $42 $43 2.38% $85 $87 $131 2.34% $320 $328 $385 3.77% $319 $327 $61 $62 1.64% YOY Variance Sec. 2.12.043. Red Brick Center for the Arts Fees 2025 2026 $2.24 2.75%$2.18 2.50% $428 $438 2.34% 109 Fee Ordinance Changes Summary 2025 2025 2026 2026 YOY Variance YOY Variance For-Profit Non-Profit For-Profit Non-Profit For-Profit Non-Profit Rename Equipment and Instrument Rental Rename 9' Concert Grand Steinway Day Rate (prior approval required)$255 $255 0.00% 0.00% Rename Piano Tuning $250 $250 0.00% 0.00% Rename Drum Kit Rental Day Rate $200 $200 0.00% 0.00% Rename Video Media Rental Day Rate (Projector/Screen/DCP)$200 $200 Delete (Christie, DCP, Sony HD Deck)$0 $0 Rename Video Media Rental Weekly Rate (5 consecutive days)$500 $500 Delete (Panasonic HD Video Projector)$0 $0 New Video Recording Services New Basic Package: 1 fixed PTZ camera, Audio feed from the house console, No post-production editing N/A N/A $250 $0 N/A N/A New Mid-Tier Package –3 PTZ cameras, 1 camera operator, Audio feed from the house console, No post- production editing N/A N/A New Top-Tier Package – 3 PTZ cameras, 1 crowd-reaction camera, 1 broadcast camera, 2 camera operators, Audio feed from the house console, No post- production editing N/A N/A New Merchandise -- User Provides Seller New Commission N/A N/A New Music Licensing Fee on Total Gross Sales 0.00% 0.00% New For events exceeding $25,000 total gross sales N/A N/A New Marketing and Publicity New Window Vinyl Printing and Installation (prior approval required)N/A N/A Rename Box Office Fees New All tickets sold exclusive through Aspen Show Tix at the Wheeler Relocate Sales Commission 6% 0% 6% 0% 0.00% 0.00% Delete Sales Commission | Offsite Events $0 $0 Consolidate Credit Card Processing Fee 4%4% Delete Visa & Mastercard 3.00%3.00% Delete American Express 4.00%4.00% New Box Office Set-Up Rename Single Event Set-Up $200 $100 $200 $100 0.00% 0.00% Rename Multiple Events Set-Up | 5-9 events $800 $400 $800 $400 0.00% 0.00% New Additional Event Set-Up over 9 events N/A N/A $150 $150 N/A N/A Delete Merchandise Seller $150 5% of gross sales DELETE DELETE DELETE DELETE Delete Merchandise – Recorded Material & Other 10% / 20% of gross N/A DELETE DELETE DELETE DELETE Relocate Client Ticket Charge | Comps, Pass Bar Codes, & Consignment Tickets (per ticket over 25)50% 50% 50% 50% 0% 0% New Patrons will be charged a non-refundable $3.50 per ticket handling charge Sec. 2.12.050. Aspen Police Department fees Aspen Police Department Certified VIN Inspection N/A $255 $250 $200 $200 0.00% DELETE DELETE 3.00% -25.00% DELETE DELETE DELETE DELETE DELETE DELETE $500 0.00% DELETE DELETE $500 N/A $1,500 N/A 20.00% N/A 0.00% 1.00% 0.00% $250 0.00% 2025 2026 YOY Variance $35 $45 28.57% 110 Fee Ordinance Changes Summary Sec. 2.12.051. Engineering Department fees Encroachment Fees Encroachment License and Application Encroachment Fees (Minor Encroachment < 3 hrs)Vacation Application ($325 / hr for estimated 18 hours)Permanent Encroachment for Earth Retention (per cuft/mo)Base cost within the core by commercial operations associated with construction, including contractors and vendors (PSF/mo). Fees increase by 20% for first exception granted, 30% increase Outside of the core by commercial operations associated with construction including contractors and vendors (PSF/mo) Right-of-Way Permits Solely Sidewalk and Pedestrian Improvements Service Lines and Telecom Utility Trenching - Asphalt Paving (may also include flatwork) Main Lines Utility Trenching - (may also include service lines and flatwork) Impacted ROW area greater than 5,000 SF (PSF) Critical Public Infrastructure - Submitted by Utility Provider and not associated with a Sec. 2.12.052. Environmental Health Department fees Plan review application Rename Plan review & pre-operational inspection (not to exceed) Food Service License Limited food service (convenience, other) Restaurant 0-100 Seats Restaurant 101-200 Seats Restaurant Over 200 Seats Grocery store (0 – 15,000 sq. ft.) Grocery store (> 15,000 sq. ft.) Grocery store w/ deli (0 – 15,000 sq. ft.) Grocery store w/ deli (> 15,000 sq. ft.) Mobile Unit (full-service) Mobile Unit (pre-packaged) Delete Oil & Gas (Temporary) 2025 2026 $7.00 $8.05 15.00% $749.00 $786.45 5.00% $1,872.50 $1,966.13 5.00% $2,300.50 $2,415.53 5.00% 55.17% $100 Variance Environmental Health Fees 2025 2026 Variance $375 $469 25.07% $270 $338 25.19% $195 24.94% $430 $715 $894 25.03% $385 $481 24.94% $1.40 $1.47 5.00% 5.00% $107 $112 5.00% $6,260 $6,572 5.00% $1.61 $1.69 5.00% 55.00% 25.13% $353 $441 24.93% 24.95% $722 $758 $9.00 $10.35 15.00% $749.00 $786.45 5.00% $580 $155 $900 $244 $538 25.12% $465 $581 $385 $481 $270 $338 25.19% $855 DEL #VALUE! 111 Fee Ordinance Changes Summary Sec. 2.12.060. Parking fees 2025 2026 Variance $2.00 $3.00 50.00% $12.00 $15.00 25.00% $6.00 $7.00 16.67% Delete Delete Delete Delete Delete Delete Delete Delete $6.00 $7.00 16.67% Delete Delete Delete Delete Commercial Core Pay Parking (between 7:00 AM and 6:00 PM) $4.00 $5.00 25.00% $6.00 $7.00 16.67% $4.00 $5.00 25.00% $2.00 $3.00 50.00% $4.00 $5.00 25.00% $2.00 $3.00 50.00% $1.00 Prorated from above N/A Residential Permit Parking $8.00 $9.00 12.50% Free $20.00 #VALUE! Delete $25.00 Delete Delete Delete Free Delete Delete Rename Up to $1/min Up to $1/min 0.00% Miscellaneous Parking Delete Delivery Vehicle Permit $100.00 Delete Delete Delete Reserved Spaces for Approved Activities $50.00 Delete Delete Delete Permit Replacement $75.00 Delete Delete Delete Neighborhood Electric Vehicles Free Delete Delete Sec. 2.12.080. Parks Department fees 2025 2026 Variance Parks Use and Special Event Fees Administration Fee Reoccuring Park Rental $90 $92 2.22% Special Event Permit $180 $184 2.22% Park Rental Fee Base Rate (hourly)$32 $33 3.13% Athletic Field Prep (per athletic season)$100 $102 2.00% Add-On Fee: Additional Requested Athletic Paint or Prep Fee (per day)$45 $46 2.22% Add-On Fee: Commercial Fee (per day)$25 $26 4.00% Day Camp Use fee (annual)$100.00 $102 2.00% Special Event Fee (per day) Daily Rate (per park, per day)$768.00 $783.00 1.95% Commercial Rafting Put-in Fee (per season)$300.00 $306.00 2.00% Paragliding Fees Landing Zone Fee (Per Year)$50 $51 2.00% Electric Vehicle Daytime Overstay Fees – All EV Chargers / After Applicable Charging Limit Hourly Rates (10:00am to 11:00am) High Season Hourly Rates (11:00am to 3:00pm) High Season Hourly Rates (3:00pm to 6:00pm) High Season Each Permit for Residents (Up to 3) and Guest (One Only) Third Permit for Resident and Guest Rio Grande Plaza Parking Electric Vehicles Hourly Rates (10:00am to 11:00am) Low Season Hourly Rates (11:00am to 3:00pm) Low Season Hourly Rates (3:00pm to 6:00pm) Low Season 30 minutes Hourly Rate Maximum Daily Fee Validation Stickers / Visit Unlimited Use Monthly Pass 5-Day Unlimited Access Hotel Pass Special Events Pass / Day Access Replacement Card Residential Day Pass 112 Fee Ordinance Changes Summary 2025 2026 Variance Filming 3-10 People $155.00 $158.00 1.94% 11-30 People: Still $255.00 $260.00 1.96% 11-30 People: Video $360.00 $367.00 1.94% 31-49 People: Still $360.00 $367.00 1.94% 31-49 People: Video $460.00 $469.00 1.96% 50 and Over People $870.00 $887.00 1.95% 2025 2026 Variance Tree Fees Standalone Tree Removal Permit $150.00 $153.00 2.00% Mitigation Fee $46.00 $47.00 2.17% Parks Development Fees Encroachment Review $180.00 $184.00 2.22% Right of Way Review $210.00 $214.00 1.90% Landscaping/Grading Review (PSF of disturbance)$0.28 $0.29 3.57% Landscape/Resource Review (PSF of disturbance)$0.28 $0.29 3.57% Fence Permit Review $60.00 $61.00 1.67% Roofing Permit Review $100.00 $102.00 2.00% Fees Due at Issuance of Phase 1 Permit: Delete Utilities Development Review Phasing Fee FEE WAIVERS FOR NON-PROFIT ORGANIZATIONS Rename Reword Reword 200 – 500 SF 501 – 1000 SF Above 1000 SF (PSF) Change Order PSF Construction Mitigation Fees Engineering Construction Mitigation (PSF) Interior Finish & Fixture Removal Roof Repair Repair, other Change Order PSF Fee waivers shall not exceed a combined value of $15,000 for a single project per twelve consecutive month period. All other applicable utilities fees are not subject to this waiver, including but not limited to: investment charge, connection permit, tap fees, hook-up charges, service fees, and electric extension costs. $674.10 5.00% $749.00 $786.45 $0.54 $0.56 5.00% $0.48 $0.50 4.17% Engineering Development Fees 5.26% $321.00 $337.05 5.00% $321.00 $337.05 5.00% $642.00 $0.32 $0.34 5.00% 10% of Utilities Review Fee DELETE DELETE Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver for Building, Engineering, Parks, and Zoning; Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and does not apply to existing individual affordable housing units that may be seeking a remodel, expansion, etc. FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS Building Plan Check, Energy Code, Permit Fees, Engineering, Parks Review Fees: $1.80 $1,444.50 $1,516.73 5.00% 2026 YOY Variance 5.00% 2025 $1.71 113 Fee Ordinance Changes Summary Erosion Fees Erosion and Sediment Fee (PSF) Change Order PSF Engineering Land Use Review Administrative, Minor Non-NOA Administrative, Major NOA Board Review, Minor Board Review, Major Planned Development & Other Complex Cases Living area over 2,000 square feet Installation Permit on Projects Valuing $2,000 or More Residential: Valuation $2,001 and above Commercial: Valuation $2,001 and above $16,050 $16,853 5.00% $5,350 $5,618 5.00% $1,337.50 $1,404.38 5.00% $2,140 $2,247 5.00% $1,605 $1,685 5.00% 2025 2026 YOY Variance $0.21 $0.22 5.00% $0.43 $0.45 5.00% YOY Variance2025 2026 RESIDENTIAL ELECTRICAL FEES $115.00 plus $11.50 per thousand or fraction thereof (max $500) $115 plus $11.50 per thousand or fraction thereof (max $500) 0.00% $155.00 + $16.00 per thousand dollars (rounded up) $155 + $16 per thousand dollars (rounded up)0.00% $115.00 plus $11.50 per thousand or fraction thereof (max $1,000) $115 plus $11.50 per thousand or fraction thereof (max $1,000) 0.00% $310.00 + $16.00 per 100 sqft over 2,000 $310 + $16 per 100 sqft over 2,000 0.00% 2025 2026 YOY Variance 114 MEMORANDUM TO: Mayor and City Council FROM: Cole Langford, Utilities Business Manager Erin Loughlin-Molliconi, Utilities Director Ryan Loebach, Deputy Utilities Director THROUGH: Tyler Christoff, Deputy City Manager MEMO DATE: November 3, 2025 MEETING DATE: November 11, 2025 RE: Ordinance #13, Series 2025 – Changes to Title 25 First Reading _____ REQUEST OF COUNCIL: Staff requests an approval of Ordinance #13, Series 2025, representing updates to Title 25—Utilities—of the City of Aspen Municipal Code as presented during the October 2025 Council work sessions on 2025 Electric and Water budgets, rates, and fees. All proposed amendments and additions to Title 25 of the Aspen Municipal Code have been highlighted in yellow, as shown in Exhibit A. PREVIOUS COUNCIL ACTION: During the October 2025 Budget work sessions presented by the Finance Department, staff presented the 2026 Electric and Water financial plan. The presented rate and fee adjustments represent an incremental approach to utility operational increases and capital projects, as well as the cost of sustainable ownership within both utilities. The proposed revenue adjustments play an important role in ensuring both utilities meet their commitment of providing dependable service while navigating the changing utility policies, regulations, and demand patterns within the water and electric industry. Adjustments support City Council policies and goals for the equitable access and allocation of finite resources for all customers, as well as Council’s goal of resource and infrastructure resilience. As presented to City Council through prior work sessions and informational updates, both the Water and Electric Utilities are advancing major capital initiatives while responding to evolving industry challenges. The Utilities Department continues to move forward with the once-in-a-generation Water Treatment Facility project and is actively 115 2 managing the changing electric utility landscape to ensure long-term affordability, reliability, and to meet increasing electricity demand. Previous communication to Council regarding the Water Treatment Facility Improvements was presented during the August 15th worksession. An update on wholesale power costs and electric industry was delivered as an informational memo on September 18 th. SUMMARY AND BACKGROUND: 2026 Electric and W ater Title 25 proposed changes address ongoing infrastructure needs, reflect evolving customer expectations, respond to inflationary pressures, and recognize new State compliance standards. Staff believe these proposed updates align with Council’s guiding principles of core service delivery through process improvement with the customer in mind and outcome focus by meeting the functional needs of the Utilities department while creating responsive service options for our customers. Without continued capital investment and proactive management, water and electric utility services would deteriorate to a point where staff and infrastructure could not adequately meet customer needs. Staff review the capital asset management plan annually to determine which projects are of highest priority to the respective utility. Regular rate and fee studies are industry standard as they ensure a utility can continue a sustainable and resilient level of service to all customers, invest in infrastructure improvements, and respond to factors such as emerging utility policy, program and infrastructure needs, customer growth, technology use, industry dynamics, and demand pattern changes. DISCUSSION: Utilities is proposing updates to Aspen Municipal Code Title 25 — Utilities. Included in these updates are a recommended 15 percent revenue adjustment for the Water utility and a seven (7) percent revenue adjustment to the Electric Utility. Below are some of the major changes proposed. ELECTRIC FUND The proposed rate adjustments will result in changes to the average monthly utility bills for customers. The tables below illustrate the hypothetical impacts on various customer classes, including average residential, small commercial, large commercial, and all - electric affordable housing residential accounts. These tables are intended to demonstrate the potential variations in monthly bills that each customer class may experience under the proposed adjustments. 2026 Proposed Electric Rate Adjustments Table 1 – Typical Electric Residential Service 116 3 Table 2 – Typical Electric Small Commercial Service Table 3 – Typical Electric Large Commercial Service Table 4 - Typical Electric Affordable Housing Residential Electric Service Electric Community Investment Fee The Electric Utility tracks overall community electric demand using a system that accounts for all amperage connected to Aspen’s electric grid. Each electric account is RESIDENTIAL 2025 AVERAGE BILL 2026 AVERAGE BILL kWh Charges $79.03 $85.55 Availability Charges $46.02 $47.40 Average Residential $125.05 $132.95 200 AMP Service / 700 kWh Monthly Adjustment $7.90 SMALL COMMERCIAL 2025 AVERAGE BILL 2026 AVERAGE BILL kWh Charges $244.63 $264.29 Availability Charges $61.60 $64.07 Average Small Commercial $306.23 $328.36 200 AMP Service / 2,000 kWh Monthly Adjustment $22.13 LARGE COMMERCIAL 2025 AVERAGE BILL 2026 AVERAGE BILL kWh Charges $3,899.24 $4,287.16 Demand kW Charges $1,052.10 $1,094.40 Availability Charges $128.12 $135.81 Average Large Commercial $5,079.46 $5,517.37 400 AMP Service / 45,000 kWh / 45 kW Monthly Adjustment $437.91 AFFORDABLE HOUSING 2025 AVERAGE BILL 2026 AVERAGE BILL kWh Charges $70.84 $75.81 Availability Charges $46.02 $47.40 Current Affordable Housing All Electric Rate - Average$116.86 $123.21 200 AMP Service / 700 kWh Monthly Adjustment $6.35 117 4 assigned an individual amperage rating based on appliances, lighting, climate control, and other factors indicative of electrical demand. The Electric Community Investment (ECI) fee is assessed to customers requesting new service or the expansion of existing service within the Aspen electric service area and is calculated at each individual meter’s breaker. The ECI fee provides capital to the Electric Utility to fund the incremental infrastructure necessary to serve new or expanded electric loads. This fee reimburses prior ratepayers for their historic investment in the current electric system while also providing funding for future system expansions and improvements to meet the needs of future customers. The proposed structure ensures that ECI fees are applied proportionally, with customers requiring a greater share of infrastructure contributing a correspondingly higher fee. Customers with existing electric service receive full historic credit, valued at today’s rates, for meters installed prior to 2017, as well as credit for any ECI fees previously paid for the applicable electric service. 2026 Title 25 proposed changes include a 15 percent increase for both residential and commercial 100 Amp to 400 Amp services and a 20 percent increase for both residential and commercial 600 Amp services and larger. 2025-2029 PSCo/XCEL Electric Transmission Costs Ongoing Impact to Operating Budget Costs for electric transmission in our region are generally recovered through a structure known as the network transmission model. The City of Aspen utilizes the Public Service Company of Colorado’s (PSCo’s) network to move a portion of Aspen’s energy. Participants pay rates based on their proportional share of capital and operating costs associated with the network. Regardless of the distance or physical infrastructure utilized on PSCo’s lines, the City pays a fixed amount multiplied by the peak hour kilowatt (kW) of electrical power delivered. PSCo typically updates their network transmission service rates annually, which has historically averaged a single-digit percentage increase. PSCo is currently working on the Colorado Power Pathway project, which is estimated to cost between $1.7 to $2 billion to enable future energy development in eastern Colorado. Due to the City’s participation in the PSCo’s network, there will be a direct pass-through cost to Aspen’s Electric utility even though the City will not directly utilize this new network infrastructure. Staff are actively working with the Municipal Energy Agency of Nebraska (MEAN), the City’s wholesale electric provider, to continue providing the yearly increase in transmission costs. Staff currently estimate increases between 15 to 25 percent for this Power Pathway project annually for the next five years, in addition to its regular service rate increases. The City of Aspen, Glenwood Springs, and Center , Colorado are working to challenge the fairness of this rate increase for utilities that receive no direct benefit from the project. 118 5 WATER FUND Implementation of the proposed financial recommendations will result in changes to the average monthly utility bills for customers. The tables below illustrate the hypothetical impacts on various customer classes, including average residential (downtown), residential (pumped), and commercial accounts. These tables are intended to demonstrate the notional monthly changes that e ach customer class may experience under the proposed adjustments. 2025 Proposed Water Rate Adjustments Table A – Typical Water Residential Service Table B – Typical Water Residential (Pumped) Service – Outside City Limits Table C – Typical Water Commercial Service RESIDENTIAL WATER - DOWNTOWN 2025 AVERAGE BILL 2026 AVERAGE BILL Water Variable (Consumption)$39.70 $45.64 Water Demand $20.06 $23.09 Fire Charge $14.61 $16.80 Average Residential -- Downtown $74.37 $85.53 2.81 ECUs & 0 Pumps / 10,000 gallons $11.16Monthly Adjustment RESIDENTIAL WATER - RED MOUNTAIN 2025 AVERAGE BILL 2026 AVERAGE BILL Water Variable (Consumption)$258.58 $297.41 Water Demand $57.12 $65.73 Fire Charge $41.60 $47.84 Pump Charge $176.50 $202.98 Average Residential -- Red Mtn.$533.80 $613.96 4.0 ECUs & 1 Pumps / 50,000 gallons $80.16Monthly Adjustment COMMERCIAL WATER 2025 AVERAGE BILL 2026 AVERAGE BILL Water Variable (Consumption)$207.46 $238.55 Water Demand $74.97 $86.27 Fire Charge $54.60 $62.79 Average Commercial $337.03 $387.61 10.5 ECUS & 0 Pumps / 50,000 gallons $50.58Monthly Adjustment 119 6 Water Utility Investment Charge (Tap Fees) The City tracks overall water demand using a method that accounts for all fixtures connected to Aspen’s water distribution system. Each City water account has an individual equivalent capacity unit (ECU) rating based on water fixtures, irrigated area, and other factors indicative of water demand. The water tap fee is charged to any customer requesting services for new development or expansion of existing services within the service area. Payment for ECUs or tap fees represents a customer’s incremental equitable contribution towards Aspen’s water system and infrastructure and its associated capacity. 2026 Title 25 Proposed changes include a 15 percent increase for Water Utility Investment Charges (Tap Fees). FINANCIAL IMPACTS: Both the Water and Electric Departments operate as enterprise funds, supported exclusively by their customer base. The proposed rates, as outlined in Title 25 of the Aspen Municipal Code, are designed to sustain utility revenue streams and cover the costs of operations, long-range planning, resource development, and sustainability initiatives. The financial impacts of the proposed electric and water rate adjustments, as well as the associated fee changes, are detailed in the Water and Electric long range plans and will be included in the 2026 Budget Book for consideration during the November first and second readings of the proposed amendments to Title 25—Utilities. ENVIRONMENTAL IMPACTS: The electric and water rate structures continue to support and place a value on, and incentive for, conservation and efficiency practices, programs, and policies. ALTERNATIVES: Council may request portions of the recommended ordinance changes, including rate and fee adjustments, be modified. RECOMMENDATIONS: Staff advises Council move to adopt Ordinance #13, Series 2025, which will become effective January 1, 2026. Council will next be presented Ordinance #13 during the November 19th Public Hearing. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Ordinance #13, Series of 2025 120 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 1 of 34 ORDINANCE # 013 Series 2025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES—SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE – GENERAL PROVISIONS; 25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; AND 25.30 WATER EFFICIENT LANDSCAPING STANDARDS. WHEREAS, the City owns and operates a public electric and water system; and WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such services; and WHEREAS, the City Council supports maintaining and improving the City’s infrastructure to create more efficient and resilient systems for the community that relies on these important services; and WHEREAS, the City Council supports electric and water rate structures that place a value on, and incentive for, conservation and efficiency programs, policies, and improvements; and WHEREAS, the City Council supports policies and goals for the equitable access and allocation of finite resources for all customers; and WHEREAS, City Utilities believes in regular rate studies to ensure customers’ needs are met, revenues and expenditures are aligned, and the public electric and water systems remain sustainable and resilient. WHEREAS, the rates outlined in Title 25 of the municipal code support the Utilities revenue stream and ultimately support the ever-increasing costs of utility operation, long-range planning, resource development, and sustainability programing. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: 121 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 2 of 34 Section 1. That the following sections of Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets forth Utilities, are hereby amended, and added to, to read as follows (changes highlighted in yellow): Sec. 25.04.035. Electric Community Investment Fee. The Electric Department must expand the electric system facilities to accommodate new development without decreasing current reliability and service standards. The Electric Department distributes electricity to the customers in its service area by means of an integrated and interdependent system -wide network of electric facilities. The Electric Community Investment (ECI) fee will be charged to any customer requesting services for new development and expansion of existing services within the service area as measured at breaker size at meter. If breaker size is not listed in Table below, billing amps are rounded up to next available amperage size shown below. Electric vehicle (EV) charging stations installed for the exclusive use of a single-family residence or a multi- family residential building shall be subject to the residential ECI fee rate. EV charging stations installed for public use, or provided as an amenity by a business, hotel, restaurant, or other commercial establishment for use by the general public, shall be subject to the commercial ECI fee rate. The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities needed to deliver electric services to new or expanded services. Effective January 1, 2026, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows: ECI Residential ECI Commercial Panel Amps 1 Phase 120/240V 3 Phase 120/208V 1 Phase 120/240V 3 Phase 120/208V 3 Phase 277/480V 100 $2,625 $5,248 $7,000 $7,871 $18,164 200 $5,250 $10,496 $13,999 $15,742 $30,274 300 $10,499 $17,056 $20,999 $23,613 $54,492 400 $13,999 $22,742 $27,999 $31,484 $72,656 600 $25,979 $42,202 $51,957 $58,426 $134,829 800 $34,638 $56,270 $69,276 $77,901 $179,772 1000 $43,298 $70,337 $86,595 $97,376 $224,715 1200 $51,957 $84,404 $103,914 $116,852 $269,657 1400 $60,617 $98,472 $121,233 $136,327 $314,600 1600 $69,276 $112,539 $138,552 $155,802 $359,543 1800 $77,936 $126,606 $155,871 $175,277 $404,486 2000 $86,595 $140,674 $173,190 $194,753 $449,429 2200 $95,255 $154,741 $190,509 $214,228 $494,372 2400 $103,914 $168,809 $207,828 $233,703 $539,315 2600 $108,590 $176,405 $217,181 $244,220 $563,584 2800 $113,477 $184,343 $226,954 $255,210 $588,945 3000 and above $118,583 $192,639 $237,167 $266,694 $615,448 (Ord. No. 27-2017; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19- 2024) 122 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 3 of 34 Sec. 25.04.037. Fees for distributed energy systems attached to Aspen Electric. (a) All projects on properties within the City of Aspen Electric Utility service area that require staff and/or engineering review or that will add distributed energy systems that could include battery storage are subject to electric development review fees prior to issuance of a city electric permit. No solar photovoltaic and/or battery storage systems will be allowed to connect to City of Aspen Electric service without a signed Interconnection Agreement. (b) The electric development review fee shall be as set forth in Subsection (c) of the Section. (c) Electric Development Review Fees. Effective January 1, 2026, utility staff review fees for distributed energy systems are: System Size in kW Distributed Energy System Only Distributed Energy System and Battery Storage 0—9.99 kW $700.00 $1,000.00 10-24.99 kW $1,200.00 $3,000.00 25 kW and up $4,000.00 $5,000.00 (Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.04.038. Electric utility application fee. Effective January 1, 2026, an application fee of two-hundred fifty dollars ($250.00) shall be assessed upon submission of any Electric Utility Permit application. (Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.04.040. Electric service rates. (a) Electric vehicle (EV) charging stations installed for the exclusive use of a single-family residence or a multi- family residential building shall be billed at the residential kWh rate. EV charging stations installed for public use, or provided as an amenity by a business, hotel, restaurant, or other commercial establishment for use by the general public, shall be billed under the applicable commercial rate structure. Commercial EV stations shall be billed at the small commercial rate unless the account records a peak demand of 40 kilowatts (kW) or greater in each billing month, in which case the large commercial rate shall apply. (b) Effective in the January 2026 monthly billing, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay a monthly customer availability charge as follows: AMP Size Standard Residential Customer Senior Residential Customer - 70% Small Commercial Customer Large Commercial Customer 100 AMP $24.35 $17.05 $33.25 $31.95 200 AMP $47.40 $33.18 $64.07 $59.08 300 AMP $111.60 $78.12 $104.82 $94.21 400 AMP $162.68 $113.88 $152.46 $135.81 600 AMP $286.98 $200.89 $268.42 $239.03 123 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 4 of 34 800 AMP $432.61 $302.83 $404.27 $361.52 1000 AMP $602.61 $421.83 $562.86 $502.26 1200 AMP $786.72 $550.70 $734.61 $659.88 1400 AMP $999.15 $699.41 $932.77 $837.07 1600 AMP $1,211.56 $848.09 $1,130.92 $1,014.26 1800 AMP $1,442.32 $1,009.62 $1,346.19 $1,216.21 2000 AMP $1,699.69 $1,189.78 $1,586.27 $1,432.36 2200 AMP $1,988.63 $1,392.04 $1,855.94 $1,675.87 2400 AMP $2,326.70 $1,628.69 $2,171.45 $1,960.76 2600 AMP $2,722.24 $1,905.57 $2,540.59 $2,294.09 2800 AMP $3,185.02 $2,229.51 $2,972.49 $2,684.09 3000 AMP and above $3,726.47 $2,608.53 $3,477.81 $3,140.38 (c) In addition to the monthly customer availability charge, and effective in the January 2026 monthly billing, the residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 400 $0.1083 1,080 $0.1624 1,920 $0.2509 1,920 $0.4435 200 AMP 520 $0.1083 1,360 $0.1624 2,800 $0.2509 2,800 $0.4435 300 AMP 1,600 $0.1083 3,600 $0.1624 6,160 $0.2509 6,160 $0.4435 400 AMP 1,600 $0.1083 3,600 $0.1624 6,160 $0.2509 6,160 $0.4435 600 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 800 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 1000 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 1200 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 1400 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 1600 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 1800 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 124 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 5 of 34 2000 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 2200 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 2400 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 2600 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 2800 AMP 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 3000 AMP and above 2,800 $0.1083 5,440 $0.1624 8,800 $0.2509 8,800 $0.4435 (d) All commercial accounts that do not meet the requirements for large commercial designation shall be considered small commercial accounts, which includes previous class of small commercial city facilities customers. (e) In addition to the monthly customer availability charge, and effective in the January 2026 monthly billing, the small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt- hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 880 $0.1212 2320 $0.1516 4800 $0.2274 4800 $0.3639 200 AMP 1280 $0.1212 3120 $0.1516 5760 $0.2274 5760 $0.3639 300 AMP 3360 $0.1212 7120 $0.1516 12240 $0.2274 12240 $0.3639 400 AMP 3360 $0.1212 7120 $0.1516 12240 $0.2274 12240 $0.3639 600 AMP 6560 $0.1212 13200 $0.1516 18400 $0.2274 18400 $0.3639 800 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 1000 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 1200 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 1400 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 125 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 6 of 34 1600 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 1800 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 2000 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 2200 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 2400 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 2600 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 2800 AMP 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 3000 AMP and above 13600 $0.1212 28000 $0.1516 44800 $0.2274 44800 $0.3639 (f) In addition to the monthly customer availability charge, and effective in the January 2026 monthly billing, the large commercial customer, which includes previous class of large commercial city facilities customers and current and future Electric Vehicle charging stations, (with operable demand metering systems in place and measured usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows, plus a demand charge per kW of metered customer peak usage for that meter reading cycle. To qualify for the large commercial rate, accounts must meet or exceed forty (40) kW peak monthly demand a minimum of twelve (12) out of twelve (12) months in both of the last two (2) years. AMP Size Usage Up To Per KWh Remaining Usage Over Per KWh Demand Charge on Customer Peak kW 100 AMP 23200 $0.0850 23200 $0.1062 $24.32 200 AMP 23200 $0.0850 23200 $0.1062 $24.32 300 AMP 23200 $0.0850 23200 $0.1062 $24.32 400 AMP 23200 $0.0850 23200 $0.1062 $24.32 600 AMP 23200 $0.0850 23200 $0.1062 $24.32 800 AMP 23200 $0.0850 23200 $0.1062 $24.32 1000 AMP 23200 $0.0850 23200 $0.1062 $24.32 1200 AMP 23200 $0.0850 23200 $0.1062 $24.32 1400 AMP 23200 $0.0850 23200 $0.1062 $24.32 1600 AMP 23200 $0.0850 23200 $0.1062 $24.32 1800 AMP 23200 $0.0850 23200 $0.1062 $24.32 2000 AMP 23200 $0.0850 23200 $0.1062 $24.32 2200 AMP 23200 $0.0850 23200 $0.1062 $24.32 2400 AMP 23200 $0.0850 23200 $0.1062 $24.32 2600 AMP 23200 $0.0850 23200 $0.1062 $24.32 126 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 7 of 34 2800 AMP 23200 $0.0850 23200 $0.1062 $24.32 3000 AMP and above 23200 $0.0850 23200 $0.1062 $24.32 (g) In addition to the monthly customer availability charge, and effective in the January 2026 monthly billing, an alternative customer rate shall be available for new deed-restricted, residential properties with electric heat and built-in compliance with International Energy Conservation Codes 2015 edition as stated in Municipal Code 8.46 including amendments as stated in Ordinance 40, Series of 2016. This rate will only be applied to deed-restricted residential electric accounts that have been reviewed and approved as a qualifying residential property by the Utilities Director. This rate shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 470 0.1083 1354 0.1623 2400 0.2509 2,400 0.4434 200 AMP 1025 0.1083 2725 0.1623 3875 0.2509 3,875 0.4434 (h) In addition to the monthly customer availability charge, and effective in the January 2026 monthly billing, an alternative customer rate shall be available for new, all-electric residential properties. This rate shall be available for all electric residential properties with new or upgraded construction that complies with the International Energy Conservation Code 2021 edition as stated in Municipal Code 8.46, including amendments as stated in Ordinance 1, Series of 2023. This rate will only be applied to residential electric accounts that have been reviewed and approved as a qualifying property by the Utilities Director. This rate shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows, (1) Residential all-electric monthly kWh rate: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 460 $0.1083 1,242 $0.1624 2,208 $0.2509 2,208 $0.4435 200 AMP 598 $0.1083 1,564 $0.1624 3,220 $0.2509 3,220 $0.4435 300 AMP 1,840 $0.1083 4,140 $0.1624 7,084 $0.2509 7,084 $0.4435 400 AMP 1,840 $0.1083 4,140 $0.1624 7,084 $0.2509 7,084 $0.4435 600 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 800 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 1000 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 1200 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 127 Created: 2025-03-24 15:29:55 [EST] (Supp. No. 5) Page 8 of 34 1400 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 1600 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 1800 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 2000 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 2200 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 2400 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 2600 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 2800 AMP 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 3000 AMP and above 3,220 $0.1083 6,256 $0.1624 10,120 $0.2509 10,120 $0.4435 (Code 1971, § 23-18.1; Ord. No. 42-1984, § 1; Ord. No. 76-1992, § 1; Ord. No. 36-1996, § 1; Ord. No. 41-2004, § 1; Ord. No. 7-2006, § 1; Ord. No. 37-2008; Ord. No 29-2011; Ord. No. 36-2011; Ord. No. 37-2014, § 1; Ord. No. 44- 2015, Ord. No. 38-2016, Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11- 28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.04.125. Electric service bill adjustments. (a) A customer account for electric service that experiences an unplanned and abnormally high usage event — clearly distinguishable as an outlier when compared to the account's consumption history for the prior three years, or since the account owner was first listed on the account, whichever period is shorter—may be eligible for a billing adjustment. The adjustment shall reclassify all kilowatt hours (kWh) of electricity associated with the unplanned event to be billed at the current first -tier electric rate. Only the electric consumption charge shall be subject to adjustment; all other components of the bill, including fixed service charges, and fees, shall remain unchanged. The new tax amount will be calculated off the adjusted electric bill. Prior to any adjustment being applied, the account owner must provide satisfactory evidence that the cause of the unplanned electric usage has been identified and resolved. Only one such adjustment shall be permitted per electric account for the same account owner within any rolling 24 -month period. 128 Aspen, Colorado, Municipal Code Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 9 of 34 Chapter 25.12. UTILITY CONNECTIONS Sec. 25.12.020. Application for utility service. (a) Where both the utility service connection and all points of consumption are within the corporate limits of the City, this shall be considered to be a utility service within the corporate limits of the City and shall be made as provided in this Chapter and in accordance with the Aspen Area Community Plan and City Council resolutions relating to water policies and operating procedures, as such exist at the time of the request for connection. (b) Every extension of water service where either the utility service connection or any point of consumption is outside the corporate limits of the City shall be considered an extraterritorial tap and shall be made only pursuant to agreement with the City, in accordance with the City water main extension policy and consis tent with the Aspen Area Community Plan and City Council resolutions relating to water policy and operating procedures as such exist at the time of the request for connection, and such extraterritorial service must be approved by City Council ordinance as required by the Charter. The City shall not be obligated to extend water service outside the corporate limits of the City and may grant water service only upon a determination that no conflict exists between the best interests of the City, as expressed in the Aspen Area Community Plan and as otherwise determined by the City Council and the prospective water use. The City may impose such contract, water rights dedication, system development fees, and bond requirements as it deems necessary to safeguard the best interests of the City. An individual extraterritorial connection (including a fire hydrant) made to an existing City water main, pursuant to Water Department procedures for such connections, is deemed to be an extraterritorial water connection approved by City Council without the need for further City Council ordinance. If the City agrees to accept a payment in lieu of water rights dedication, that fee will be eight thousand three hundred twenty three dollars ($8,323.00)/ECU commencing January 1, 2026. (c) Any person who desires to connect to the municipal water utility system or who is already connected to the municipal water utility system and intends to add or change a water demand factor or fixture shall file an application for utility service provided in Subsections (e) and (f) of this Section and pay all fees prior to obtaining a required building or plumbing permit. If no building or plumbing permit is required, the application shall be made prior to making the connection or to adding or changing the water demand factor or fixtures. All utility development review fees, utility investment charges, system development fees, hook - up charges, water main extension costs, and water rights dedication or fees in lieu of water rights dedication shall be due and payable when all city submittal fees are due unless prior written approval is obtained from the Water Department for a different method of payment. (d) Persons seeking an alternate method of payment of the assessment fee(s), shall make written applica tion to the Water Department specifying the method of payment and all related forms. The Water Department upon review of the application, shall either approve, disapprove, or modify the proposal to satisfy Water Department needs. (e) Applications for utility service shall be made in writing to the Water Department on such forms as the Water Department may prescribe. Except as provided in Subsection (f) of this Section, application must be made by the owner of the property to be served or his or her duly au thorized agent, designating the property, stating the purpose for which the water may be required and stating the ECU rating associated with such purpose. (f) Any person not an owner may apply to the Water Department for utility service to property which said person occupies but does not own. The application shall state the location of the property, the purpose for which water is required and the interest of the applicant in the property. The Director of Utilities may, in the 129 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 10 of 34 exercise of his or her discretion, accept the non-owner application for utility service and may impose such conditions as it sees fit with regard to the account, including the furnishing of a deposit. (g) A utility connection application shall be required, utility investment charges shall be assessed and, where appropriate, water rights dedication (or payment in lieu of water rights dedication) shall be required for any new or expanded use of water, whether or not such new or expanded use requires a new or enlarged utility service connection. (Code 1971, § 23-56; Ord. No. 27-1985, § 1; Ord. No. 8-1988, § 1; Ord. 39-1993, § 4; Ord. No. 16-1994, §§ 1, 2; Ord. No. 30-2012 § 6; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11- 28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.12.025. Utility development review fee. (a) All projects on properties within the City of Aspen that require engineering development review or that will add, change, or remove plumbing fixtures are subject to the utility development review prior to issuance of a City building permit; All projects on properties outside City of Aspen limits that may change or impact City water service are subject to the utility development review prior to submittal of a Pitkin County building permit application. (b) Applicable review fees and utility investment charges must be paid prior to issuance of a City of Aspen building permit, and/or prior to submitting an application for a Pitkin County building permit. In the case of permits with minimal changes and 100 or less utility square feet, up to a 90% fee reduction may be provided. (c) If submitting a building permit application to Pitkin County for a project that may change or impact City water service, the following documents are required for the utility development review: (1) Utility development review application; (2) relevant building plans, which may include ar chitectural, civil, and/or water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator. (d) The utility development review fee shall be as set forth in Subsection (e) of the Section. (e) [Utility Development Fees.] Utility Development Fees 2025 Rate Projects with 0 to 200 Sq. Ft. of Affected Area $475.00 Projects with 201 to 5,000 Sq. Ft. of Affected Area $2.45/sq. ft. Projects of 5,001 to 15,000 Sq. Ft. of Affected Area $2.45/sq. ft. for 1st 5,000 sq. ft. + $2.05/sq. ft. thereafter Projects with more than 15,000 Sq. Ft. of Affected Area $2.45/sq. ft. for 1st 5,000 sq. ft. + $2.05/sq. ft. for next 10,000 sq. ft. + $1.88 sq. ft. thereafter Project Type Applicability and Calculation New Construction (including "scrape and replace") or 50% or greater interior alteration. Fee calculated according to affected area. Affected area is calculated as square footage of the building footprint, plus the total square footage of exterior disturbance. Calculation instructions are set forth in Section (f), below. Interior or exterior work that requires a Water review (Utilities, Engineering-Dev, Engineering-Water, WELS) or includes adding, removing, or changing any water fixtures or impacting a component of the ECU table in Section 25.08.090 Fee calculated according to utility affected area. Utility affected area is the total square footage of all rooms/work areas in which water fixtures or components of ECU table are affected, plus the total square footage of any water related exterior 130 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 11 of 34 disturbance. Calculation instructions are set forth in Section (g), below. Interior or exterior work that does not require a Water review (Utilities, Engineering-Dev, Engineering-Water, WELS) or includes adding, removing, or changing any water fixtures or impacting a component of the ECU table in Section 25.08.090 No Review or Fee Required. (f) Calculating affected area for new construction projects—Affected area shall be calculated as follows: (1) Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration of work area within the building. (2) Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3) Enter building square footage. Building square footage is the building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (f) to determine building square footage. (4) Enter square footage of the grade floor area of the project. (5) Enter net building square footage. Net building square footage is equal to either the building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net building square footage. (6) Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stockpile areas. (7) Total Affected Area equals the net building square footage plus the disturbance area. To arrive at total affected area, add the values calculated in Section (5) and Section (6) of Subsection (f) of this Section. (g) Calculating utility affected area for remodel/renovation/alteration projects—Utility affected area shall be calculated as follows: (1) Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2 alteration of work area within the building in which plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the total square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (2) Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3) Enter utility building square footage. Utility building square footage is the utility building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Secti on (2) of this Subsection (g) to determine utility building square footage. (4) Enter square footage of the grade floor area of the project. (5) Enter net utility building square footage. Net utility building square footage is equal to either the utility building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (g) to determine net utility building square footage. 131 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 12 of 34 (6) Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stockpile areas. (7) Total Utility Affected Area equals the net utility building square footage plus the disturbance area. To arrive at total utility affected area, add the values calculated in Section (5) and Section (6) of Subsection (g) of this Section. (h) Fee Calculation Guidelines (1) To align this guideline with the rest of Section 25.12.025 Utility Development Review Fee, the calculation for percent of alteration will follow items (h)(2) through (h)(4) below. (2) If 50% or more of the interior is altered (excluding flooring), the Affected Area Square Footage will be used to calculate fees. (3) If the alteration is less than 50% after excluding flooring, the Utility Review Square Footage Total will be used instead. (4) Important Clarification: If flooring replacement is the sole factor that increases the alteration percentage from below 50% to 50% or more, the Water Utility will default to using the Utility Review Square Footage Total. This will include the total square footage of all rooms or work areas where water fixtures or ECU table components are affected plus any square footage of exterior soil disturbance— grading, landscaping, impervious areas, layback, stock pile areas, and construction access. (i) Definitions: (1) Building footprint alteration square footage is the work area portions of an existing building undergoing reconfiguration of space, the reconfiguration or extension of any system, or the installation of any additional equipment. (2) Utility building footprint alteration square footage is the total area of rooms within the building in which any plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (3) New square footage is measured within the inside perimeter of the exterior walls of the new addition under consideration, without deduction for corridors, stairways, ramps, closets, the th ickness of interior walls, columns, or other features. New square footage includes the exterior usable area under the horizontal project of the roof or floor above not surrounded by exterior walls. (4) Building square footage includes both the building footprint alteration square footage and the new square footage. (5) Utility building square footage includes both the utility building footprint alteration square footage and the new square footage. (6) Grade floor area is measured within the inside perimeter of the exterior walls of a building, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. Grade floor area includes the exterior usable area under the horizontal projection of the roof or floor above not surrounded by exterior walls. (7) Net building square footage includes both the building footprint alteration square footage and the new square footage; however, the total shall not exceed the area of the grade floor area of the comple te new building. 132 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 13 of 34 (8) Net utility building square footage includes both the utility building footprint alteration square footage and the new square footage; however, the total shall not exceed the area of the grade floor area of the complete new building. (9) Disturbance area is defined by exterior area of the building where the ground is disturbed. This includes, but is not limited to, soil grading, landscaping, removing impervious area, adding impervious area, replacing impervious area, layback areas, construction access areas, and stockpile areas. (10) Affected area is the net building square footage plus the disturbance area, with the net building square footage equaling the smaller of either the building footprint alteration plus the new square footag e or the grade floor square footage. (11) Utility affected area is the net utility building square footage plus the disturbance area, with the net utility building square footage equaling the smaller of either the utility building footprint alteration plu s the new square footage or the grade floor square footage. (Ord. No. 38-2016; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.12.040. Utility investment charges. (a) The utility investment charge per each equivalent capacity unit (ECU) for each billing area shall be as set forth in Subsection (d) of this Section. (b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge in Subsection (d). (c) Before any water is furnished, pursuant to a utility connection application and permit, Water Department personnel shall inspect the property designated on the application and shall certify on the application that the ECU rating on the application equals the ECU rating for the property as developed. Prior to inspection, water may only be furnished to the property for construction purposes upon proper payment therefor. If the ECU rating for the property as developed is less than the ECU rating on the application, the applicant shall be entitled to a refund of any overpayment of the total utility investment charge, but no refund shall be made of any utility hookup charge or of any water main extension costs, water rights dedication fees, interest on any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating of the developed property is greater than the ECU rating on the application and no larger or additional connections are made, no water shall be furnished until the deficit in the total utility investment charge has been paid. If a larger or additional connection is made, no water shall be furnished until the deficits in the total utility investment charge, the utility hookup charge and all other applicable charges and fees, have been paid. In every case, the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for the property, and the connections. (d) Utility investment charges (tap fees) are computed as follows: (1) For the purpose of utility investment charge computation, the following fees shall be assessed per ECU effective January 1, 2026. Billing Area 2026 Charges per ECU Billing Area 1 $14,973 Billing Area 2 $29,947 Billing Area 3 $29,947 Billing Area 4 $18,717 Billing Area 5 $26,203 133 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 14 of 34 Billing Area 6 $29,947 Billing Area 7 $22,460 Billing Area 8 Reserved The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of ECU points for the utility connection applied for by the applicant. (e) System development charges recommended by the Water Department may be au thorized from time to time. by the City Council. System development charges are fees intended to provide for additional water system development that is intended to enhance the reliability of City water service to all customers, and may include, for example, well system development fees or plant investment fees. Effective January 1, 2026, Well System Development fees that be calculated at a rate of two thousand seventy-three dollars ($2,073.00)/ECU. (Code 1971, § 23-58; Ord. No. 27-1985, § 1; Ord. No. 54-1986, § 1; Ord. No. 34-1988, § 6; Ord. No. 19-1990, § 3; Ord. No. 39-1993, § 5; Ord. No. 30-2012 § 8; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17- 2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.12.060. Utility hookup charge. (a) A utility hookup charge shall be paid to the City to recover the cost of labor and equipmen t required to make a tap. Effective January 1, 2026, the utility hookup charge shall be as follows: Line Size 2026 Charges 3/4" $2,288.00 1" $2,808.00 1.5" $3,328.00 2" $5,720.00 4" $6,760.00 6" $7,800.00 8" $9,880.00 (b) In addition to the costs listed above, the cost of the corporation stop, and other materials used in making the tap shall be charged at the actual cost of materials plus a twenty-five percent (25%) handling and stocking charge. The cost of the installation of the corporation stop shall also be included. The water user shall furnish and pay for all other materials, labor and all expenses in and about the making of all connections with the main, including all costs of the service lines and meter installations, except for the specific costs included in the utility hookup charge in this Section. (c) If warranted by unusual or special circumstances, the Water Department may impose special utility hookup charges. (Code 1971, § 23-58; Ord. No. 27-1985, § 1; Ord. No. 54-1986, § 1; Ord. No. 34-1988, § 6; Ord. No. 19-1990, § 3; Ord. No. 39-1993, § 5; Ord. No. 30-2012 § 9; Ord. No. 30-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17- 2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021) 134 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 15 of 34 Sec. 25.12.160. Waivers and exemptions from utility investment charges for certain employee housing projects. (a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for exemption from, and waivers of, the utility investment charges and system development charges when connecting to the City of Aspen's water system. There are three (3) types of affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Affordable Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code, a project shall have installed in all units properly maintained and continuously operable water conservation devices and practices as des ignated from time to time by the City Council by ordinance, resolution, or by regulations issued by the City Manager or the Water Department. (b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be define d as follows: (1) Qualified Affordable Employee Housing shall be defined as publicly or privately constructed and owned projects which: a. Are not constructed for mitigation purposes or which receive any form of Affordable Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and b. Are composed of one hundred percent (100%) employee housing units; and, c. Are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, d. Are maintained as qualified affordable housing. (2) The Fee Waiver Schedule referred to in this section is the percent of the utility investment charges that may be waived based upon the category of the units within the affordable housing project. The Fee Waiver Schedule is set forth in Figure 1, below. Housing Categories as referenced in the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time. Fee Waiver Level Category 1 100% Fee Wavier Category 2 70% Fee Waiver Category 3 40% Fee Waiver Category 4 0% Fee Waiver Category 5 0% Fee Waiver Resident Occupied 0% Fee Waiver Free Market Units 0% Fee Waiver (3) Affordable and Free Market Mix shall be defined as a project that: a. Consist of a mix of both deed restricted housing to ensure that all units are subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and unrestricted housing (free market) units; and, b. Were not constructed for mitigation purposes. 135 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 16 of 34 (c) Qualified Affordable Employee housing shall be exempt from all utility investment charges, development review fees, and system development charges when connection is made to the City of Aspen's water system. (d) Affordable Housing Credits Program. Projects that receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility investment charge, development review fees, and system development charge as set forth in the Fee Waiver Schedule. If a project has a mix of categories, the waiver shall be determined on a unit by unit basis pursuant to the Fee Waiver Schedule. (e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units, and where no mitigation is required for the free market units, are eligible for a waiver of the percentage of the total utility investment charge, development review fees, and system development charge as set forth in the Fee Waiver Schedule for the affordable housing units. If a project has a mix of categories, the waiver shall be determined on a unit by unit basis pursuant to the Fee Waiver Schedule. (f) Revocation of Exemptions and Waivers. In the event that Qualified Empl oyee Housing units, projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable housing units as contemplated herein; or, the water conservation devices and practices are not installed as required, are not properly maintained or continuously operable, the developer of such units and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the utility investment charges, development review fees, and system development charges exempted by this Section. The City Manager shall establish a method of accomplishing this payment so as not to be unduly burde nsome on the developer or owners. (g) Subsequent Project Changes. Utility connection charge, development review fees, and system development charge waivers for affordable housing credit projects and affordable and free market mixed projects are a one-time occurrence at the time of project completion. Additions, remodels, and, or changes that occur after original project completion will not receive a utility connection charge or system development charge waiver, however a credit for the ECU's assigned to the specific employee housing unit will be allowed against additional fees due to these improvements. (Ord. No. 8-1995, § 1; Ord. No. 36-1995, § 2; Ord. No. 13-2011; Ord. No. 30-2012 § 19; Ord. No. 24-2019, § 1, 11- 26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11-28-2023) Chapter 25.16. WATER RATES AND CHARGES Sec. 25.16.010. Monthly rates for metered water service. All metered water accounts except temporary construction, grandfathered-in, and pre-tap customer accounts shall pay on a monthly basis the sum of charges one (1) through four (4) that follow: (a) Effective in the January 2026 monthly billing, all metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $8.22 2 2.00 $16.43 3 2.00 $16.43 4 1.25 $10.27 5 1.75 $14.38 6 2.00 $16.43 136 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 17 of 34 7 1.50 $12.32 (b) Effective in the January 2026 monthly billing, all metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $4.56 10,000 $5.86 14,000 $8.39 14,000 $18.87 (c) Effective in the January 2026 monthly billing, all metered accounts within service area pumped zones shall pay a monthly pumping charge per one thousand (1,000) gallons as follows: # of Pumps Rate Per 1,000 Gallons Pumped 1 $4.06 2 $8.12 3 $12.18 (d) Effective in the January 2026 monthly billing, all metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $5.98 2 2.00 $11.96 3 2.00 $11.96 4 1.25 $7.48 5 1.75 $10.47 6 2.00 $11.96 7 1.50 $8.97 (Code 1971, § 23-101; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1[A]; Ord. No. 51-1987, § 1; Ord. No. 18-1988, § 1; Ord. No. 34-1988, § 1; Ord. No. 19-1990, § 2; Ord. No. 39-1993, § 6; Ord. No. 45-1999, § 16; Ord. No. 41-2004, § 2 [part]; Ord. No. 7-2006, § 2; Ord. No. 35-2011, § 2; Ord. No. 30-2012 § 20; Ord. No 38-2014, § 1; Ord. No 45-2015 § 1; Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28- 2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.011. Bulk rates for metered water service. (a) Effective in the January 2026 monthly billing, the bulk water sales rate and two-tier structure for Buttermilk Metro District will be: Monthly Block Tiers in Per 1,000 Gallons Rate Per 1,000 Gallons First 2,940,000 gallons $7.07 Over 2,940,000 gallons $17.42 137 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 18 of 34 (b) Effective January 1, 2026, the demand charge per fill up for fill station water sales pursuant to Subsection 25.08.020(e) shall be forty-four dollars ($44.00) per day. (c) Effective January 1, 2026, the variable charge for fill station bulk water sales pursuant to Subsection 25.08.020(e) shall be twenty-six dollars ($26.00) per one thousand (1,000) gallons. Bulk water charges for service line and mainline leaks/breaks created by non-Utility Department staff will be charged at a rate of thirty dollars ($30.00) per one thousand (1,000) gallons in areas that are gravity feed, forty-two dollars ($42.00) per one thousand (1,000) gallons in water service areas that are in a one-pump zone; and, forty-nine dollars ($49.00) per one thousand (1,000) gallons in areas that are in a two -pump zone. (Ord. No. 45-2015; Ord. No. 38-2016; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28- 2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.012. Raw water rates for general raw water accounts. (a) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a per thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each irrigation season are as follows: (b) Effective January 1, 2026, the non-pressurized raw water rate per irrigation season is as follows: Non-Pressurized Raw Water 2026 Rate Per 1,000 Sq. Ft. $54.51 (c) Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in Paragraph (d) below except where a valid contract for conveyance of the customer's own water rights provides for a different rate. (d) A one-time application and processing fee is due for each Raw Water License Agreement when a new, fully executed agreement has been signed by the owner and a City of Aspen Utilities representative. As of January 1, 2024, the one-time application and processing fee is one hundred fifty dollars ($150.00). (e) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred doll ars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred dollars ($1,500.00) for each additional offense. (Ord. No. 41-2004, § 5; Ord. No. 35-2011, § 3;Ord. No. 30-2012 § 23; Ord. No. 45-2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable line accounts. (a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non -potable water line accounts (including reclaimed water) shall be set in accordance with methods established for cost recover recommendations by the American Water Works Association. 138 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 19 of 34 (b) Where specific rates are established by a valid contract for raw water service and such rates result in a lower cost of service than that provided in Subsection 25.16.012(a), the contractual rate will prevail. (c) All water use from the system requires the installation of an operable water meter. Such uses in place prior to 2009 shall install an operable water meter no later than January 20, 2009. (d) Provisions for billing are as follows: All pressurized raw water accounts shall have a working meter at the beginning of each irrigation season, no later than April 15th. (1) Effective January 1, 2026, metered rates for pressurized raw water accounts for seasonal delivery of non-potable water is as follows: Metered Pressurized Raw Water - Billing to Occur Monthly - May through October 2026 Rate Per 1,000 Gallons $6.31 (2) If the raw water meter required in paragraph (c) above ceases to function properly during the irrigation season, a seasonal bulk water delivery rate has been established as t he basis for billing the non-potable pressurized water delivery. Effective January 1, 2026, the unmetered, pressurized raw water rate for seasonal delivery of non-potable water is as follows: Unmetered Pressurized Raw Water - Billing to Occur Monthly - May through October 2026 Rate Seasonal Rate Per 1,000 Sq. Ft. $222.54 Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month Irrigation Season $37.09 (e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d)(1) except where a valid contract provides for alternate method and procedures for billing. (f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand f ive hundred dollars ($1,500.00) for each additional offense. (Ord. No. 41-2004, § 5; Ord. No. 30-2012 § 23; Ord. No. 38-2014 § 3; Ord. No. 45-2015; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.014. Monthly rates for temporary construction water service. All temporary construction water accounts shall pay monthly the sum of charges (a) and (b). (a) Effective in the January 2026 month billing, all temporary construction accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $11.81 2 2.00 $23.62 3 2.00 $23.62 4 1.25 $14.76 5 1.75 $20.67 6 2.00 $23.62 139 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 20 of 34 7 1.50 $17.72 (b) Effective in the January 2026 monthly billing, all temporary construction accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $5.98 2 2.00 $11.96 3 2.00 $11.96 4 1.25 $7.48 5 1.75 $10.47 6 2.00 $11.96 7 1.50 $8.97 (c) Construction accounts shall pay demand and fire protection charges for a temporary nine-month period. Variable and pumping charges will be waived for a maximum of nine (9) months, or the duration of the construction project, whichever is less. Construction account ECU's will be based on information shown on the building permit and "review" utility connection permit. (Ord. No. 35-2011 § 4; Ord. No. 30-2012 § 24; Ord. No. 38-2014 § 4; Ord. No. 45-2015; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.015. Monthly rates for grandfathered-in water service All grandfathered-in water accounts shall pay monthly the sum of charges one (1) and two (2). (a) Effective in the January 2026 monthly billing, all grandfathered-in accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $8.22 2 2.00 $16.43 3 2.00 $16.43 4 1.25 $10.27 5 1.75 $14.38 6 2.00 $16.43 7 1.50 $12.32 (b) Effective in the January 2026 monthly billing, all grandfathered-in accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $5.98 2 2.00 $11.96 3 2.00 $11.96 4 1.25 $7.48 5 1.75 $10.47 140 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 21 of 34 6 2.00 $11.96 7 1.50 $8.97 (Ord. No. 35-2011 § 5; Ord. No. 30-2012 § 26; Ord. No. 38-2014 § 5; Ord. No. 45-2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.016. Monthly rates for pre-tap water service. All pre-tap water accounts shall pay the sum of charges one (1) and two (2). (a) Effective in the January 2026 monthly billing, all pre-tap accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $8.22 2 2.00 $16.43 3 2.00 $16.43 4 1.25 $10.27 5 1.75 $14.38 6 2.00 $16.43 7 1.50 $12.32 (b) Effective in the January 2026 monthly billing, all pre-tap accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $5.98 2 2.00 $11.96 3 2.00 $11.96 4 1.25 $7.48 5 1.75 $10.47 6 2.00 $11.96 7 1.50 $8.97 (Ord. No. 35-2011 § 6; Ord. No. 30-2012 § 26; Ord. No. 38-2014 § 6; Ord. No. 45-2015, Ord. No. 38-2016; Ord. no. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.020. Monthly rates for unmetered water service. All unmetered water accounts shall pay the sum of charges one (1) and two (2). (a) Effective in the January 2026 monthly billing, all unmetered water service accounts shall pay a monthly demand charge per ECU as follows: 141 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 22 of 34 Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $146.37 2 2.00 $292.77 3 2.00 $292.77 4 1.25 $182.98 5 1.75 $256.18 6 2.00 $292.77 7 1.50 $219.58 (b) Effective in the January 2026 monthly billing, all unmetered water service accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $5.98 2 2.00 $11.96 3 2.00 $11.96 4 1.25 $7.48 5 1.75 $10.47 6 2.00 $11.96 7 1.50 $8.97 (Ord. No. 35-2011, § 6; Ord. No. 30-2012 § 27; Ord. No. 38-2014, § 7; Ord. No. 45-2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.021 Senior Water Rates. (a) Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set forth in Sections 25.16.010 and 25.16.020. (b) Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with the Pitkin County Senior Services Council. (c) The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their eligibility for this program and application procedure is conducive to their participation. (d) A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges one (1) through four (4) that follow: (1) Effective in the January 2026 monthly billing, all senior metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 70% $5.75 2 2.00 70% $11.50 3 2.00 70% $11.50 142 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 23 of 34 4 1.25 70% $7.19 5 1.75 70% $10.06 6 2.00 70% $11.50 7 1.50 70% $8.63 (2) Effective in the January 2026 monthly billing, all senior metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $4.56 10,000 $5.86 14,000 $8.39 14,000 $18.87 (3) Effective in the January 2026 monthly billing, all senior metered accounts within service area pumped zones shall pay a monthly pumping charge per one thousand (1,000) gallons as follows: # of Pumps Rate Per 1,000 Gallons Pumped 1 $4.06 2 $8.12 3 $12.18 (4) Effective in the January 2026 monthly billing, all senior metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 70% $4.19 2 2.00 70% $8.37 3 2.00 70% $8.37 4 1.25 70% $5.23 5 1.75 70% $7.33 6 2.00 70% $8.37 7 1.50 70% $6.28 (e) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of charges one (1) through two (2) that follow: (1) Effective in the January 2026 monthly billing, all senior unmetered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 30% $43.91 2 2.00 30% $87.83 3 2.00 30% $87.83 143 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 24 of 34 4 1.25 30% $54.89 5 1.75 30% $76.85 6 2.00 30% $87.83 7 1.50 30% $65.88 (2) Effective in the January 2026 monthly billing, all senior unmetered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 30% $1.79 2 2.00 30% $3.59 3 2.00 30% $3.59 4 1.25 30% $2.24 5 1.75 30% $3.14 6 2.00 30% $3.59 7 1.50 30% $2.69 (Code 1971, § 23-102; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1(A) (B); Ord. No. 51-1987, § 2; Ord. No. 1-1988; Ord. No. 8-1990, § 2; Ord. 39-1993, § 7; Ord. No. 35-2011, § 8; Ord. No. 30-2012, § 28; Ord. No. 38-2014, § 8; Ord. No. 45-2015; Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.035. Backflow prevention and cross-connection control. (a) The purpose of this backflow prevention and cross-connection control program is to protect the City's water system from contaminants or pollutants that could enter the distribution system by backflow from a customer's water supply system through the service connection. As a supplier of public drinking water, the City of Aspen has the authority to survey all service connections within the City's water distribution system to determine whether any connection is a cross-connection; to control all service connections within the distribution system that are cross-connections; to charge a fee for the administration of the cross-connection control program; to maintain records of surveys and the installation, testing and repair of all backflow prevention assemblies permitted or required under this program; and to administer, implement and enforce the provisions of this cross-connection control program. (b) The provisions of this Section apply to all commercial, industrial, multi-family, and single-family residential service connections with the City's potable water system. (c) Definitions: Active Date means the first day that a backflow prevention assembly or backflow prevention method is used to control a cross-connection in each calendar year. 144 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 25 of 34 Air Gap is a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel installed in accordance with standard AMSE A112.1.2. Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the public water systems distribution system from any source or sources other than its intended source. Backflow Contamination Event means backflow into a public water system from an uncontrolled cross connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or presents an immediate health and/or safety risk to the public. Backflow Prevention Assembly means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant or pollutant at the cross connection and is an in -line field-testable assembly. Backflow Prevention Method means any method and/or non-testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non -testable device is appropriate for the identified contaminant or pollutant at the cross connection. Certified Cross-Connection Control Technician means a person who possesses a valid Backflow Prevention Assembly Tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the certification is invalid. Containment means the installation of a backflow prevention assembly or a backflow prevention method at any connection to the City's water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross connection into the City's water system is prevented. Containment by Isolation means the installation of backflow prevention assemblies or backflow prevention methods at all cross connections identified within a customer's water system such that backflow from a cross connection into the City's water system is prevented. Controlled means having an appropriate and properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection. Cross Connection means any connection that could allow any water, fluid, or gas such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer's water system into a public water system's distribution system or any other part of the public water system through backflow Multi-Family means a single residential connection to the City water system's distribution system from which two (2) or more separate dwelling units are supplied water. Service Connection means any connection of a water supply or premises plumbing system to the City of Aspen's water distribution or system. Single-family means: (1) A single dwelling which is occupied by a single family and is supplied by a separate service line; or (2) A single dwelling comprised of multiple living units where each living unit is supplied by a separate service line. Uncontrolled means not having an appropriate and/or properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross connection. 145 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 26 of 34 Water Supply System means a water distribution system, piping, connection fittings, valves and appurtenances within a building, structure, or premises. Water supply systems are also referred to commonly as premises plumbing systems. (d) Requirements: (1) Commercial, industrial, multi-family, and single-family service connections shall be subject to a survey for cross connections. If a cross connection has been identified, an a ppropriate backflow prevention assembly and or method shall be installed at the customer's water service connection within ninety (90) days of its discovery. The assembly shall be installed downstream of the water meter or as close to that location as deemed practical by the public water system. If the assembly or method cannot be installed within ninety (90) days, the Utilities Department shall take action to control or remove the cross connection, suspend service to the cross connection, and/or receive an alternative compliance schedule from the Colorado Department of Public Health and Environment. (2) In no case shall it be permissible to have connections or tees between the meter and the containment backflow prevention assembly, unless such connections or tees are adequately controlled to achieve containment by isolation. a. In instances in which an appropriate backflow preventer cannot be installed to achieve containment, the property owner must install approved backflow prevention devices or methods at all cross-connections within the premises plumbing system to achieve containment by isolation. (3) Backflow prevention assemblies and methods shall be installed in a location which provides access for maintenance, testing, and repair, and in accordance with the guidelines and requirements set forth in the Plumbing Code currently observed by the City of Aspen. (4) Reduced pressure principle backflow preventers shall not be installed in a manner or location that is subject to flooding. (5) Provisions shall be made to provide adequate drainage from the discharge of water from reduced pressure principle backflow prevention assemblies. Such discharge shall be conveyed in a manner which does not impact waters of the state. (6) All assemblies and methods shall be protected to prevent freezing. Those assemblies and methods used for seasonal services may be removed upon cessation of those seasonal services in lieu of being protected from freezing. Any and all assemblies and methods that are removed from seasonal points of service in lieu of being protected from freezing must be reinstalled and tested by a certif ied cross connection control technician prior to recommencing seasonal service. (7) Where a backflow prevention assembly or method is installed on a water supply system using storage water heating equipment such that thermal expansion causes an increase in pressure, an approved, listed, and adequately sized expansion tank or other approved device having a similar function to control thermal expansion shall be installed. (8) All backflow prevention assemblies shall be inspected and tested at the time of in stallation and inspected and tested at least once annually thereafter. Annual tests must be completed by October 31st of each year or before the anniversary of their last test, whichever is sooner. Such tests must be conducted by a Certified Cross-Connection Control Technician. Backflow Inspectors are required to tag inspected backflow assemblies indicating date of inspection, a pass/fail designation, and their certification information. This tag requirement includes PVBs on irrigation systems. (9) The City Utilities Department shall require inspection, testing, maintenance and as needed repairs and replacement of all backflow prevention assemblies and methods, and of all required installations within a customer's premises plumbing system in the cases where containment assemblies and or 146 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 27 of 34 methods cannot be installed. City Utilities customers shall be charged up to fifty dollars ($50.00) per day fee for non-compliant and/or uninspected backflow assemblies past the twelve-month required inspection date. (10) All costs for design, installation, maintenance, testing and as needed repair and replacement are to be borne by the customer. (11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system. (12) All building plans for new buildings must be submitted to the City of Aspen Water and Engineering Departments for review and must be approved by both Departments prior to the provisi on of water service. Building plans must show: a. Water service type, service line size, and location; b. Water meter size and location; c. Backflow prevention assembly size, type, and location; d. Fire sprinkler system type, line size, location, and type of backflow prevention assembly. (13) All fire sprinkler lines shall have a minimum protection of an approved double check valve assembly for containment of the system. (14) All glycol (ethylene or propylene), or antifreeze systems shall have an approved reduced pressure principle backflow preventer for containment. (15) Dry fire systems shall have an approved double check valve assembly installed upstream of the air pressure valve. (16) In cases wherein the installation of a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system, the City Utilities Department can choose to not require the backflow protection. In such cases, the City Utilities Department will measure chlorine residual at a location representative of the service connection once a month and perform periodic bacteriological testing at the site. If the City Utilities Department suspects water quality issues, the Department will evaluate the practicability of requiring that the fire sprinkler system be flushed periodically and require such flushing where practicable. (e) Backflow prevention assemblies or methods shall be tested by a certified cross -connection control technician upon installation and tested at least once annually thereafter. The tests shall be conducted at the expense of the customer. (1) Any backflow prevention assemblies or methods that are non -testable shall be inspected at least once annually by a certified cross-connection control technician and replaced at least every five (5) years by a master plumber. The inspections and replacements shall be made at the expense of the customer. (2) As necessary, backflow prevention assemblies or methods shall be repaired and retested or replaced and tested at the expense of the customer whenever the assemblies or methods are found to be defective. (3) Testing gauges shall be tested and calibrated for accuracy at least once annually. (f) Reporting and Recordkeeping: (1) Copies of records of test reports, repairs and retests, or replacements shall be kept by the customer for a minimum of three (3) years. (2) Copies of records of test reports, repairs and retests shall be submitted to the Utilities Department by mail, e-mail, or hand-delivery by the testing company or testing technician. 147 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 28 of 34 (3) Information on test reports shall include, but may not be limited to, a. Assembly or method type b. Assembly or method location c. Assembly make, model and serial number d. Assembly size e. Test date; and f. Test results including all results that would justify a pass or fail outcome g. Certified cross-connection control technician certification agency h. Technician's certification number i. Technician's certification expiration date j. Test kit manufacturer, model, and serial number k. Test kit calibration date (4) The Utilities Department must notify the Colorado Department of Public Health and Environment's Water Quality Control Division (CDPHE) of any suspected or confirmed backflow contamination even t and consult with the CDPHE on any appropriate corrective measures no later than twenty-four (24) hours after learning of the backflow contamination event. The Utilities Department shall notify the CDPHE within forty-eight (48) hours after it becomes aware of any backflow prevention and cross- connection control violation or any backflow prevention and cross -connection control treatment technique violation. The CDPHE shall distribute public notice of violations as specified in and required by Colorado Primary Drinking Water Regulation 11. (g) A properly credentialed representative of the City Utilities Department shall have the right -of-entry to survey any and all buildings and premises for the presence of cross-connections and/or possible contamination risks or hazards, and for determining compliance with this Section. This right -of-entry shall be a condition of water service from the City in order to protect the health, safety, and welfare of customers throughout the City's water distribution system. (h) Compliance: (1) Customers shall cooperate with the installation, inspection, testing, maintenance, and as needed repair and replacement of backflow prevention assemblies and with the survey process. For any identified uncontrolled cross-connections, the Utilities Department shall complete one of the following actions within ninety (90) days of its discovery: a. Control the cross connection b. Remove the cross connection c. Suspend service to the cross connection (2) The Utilities Department shall give notice of violation in writing to any owner whose plumbing system has been found to present a risk to the City's water distribution system through any uncontrolled cross connection(s). The notice shall state that the owner must install a backflow prevention assembly or method at each service connection to the owner's premises to achieve containment, or that the owner must install a backflow prevention assembly on each cross-connection hazard on the premises plumbing system to achieve containment by isolation. The notice of violation will give a date by which the owner must comply. 148 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 29 of 34 a. In instances in which a backflow prevention assembly or method cannot be installed to achieve containment, the owner must install approved backflow prevention assemblies or met hods at all cross-connections within the owner's water supply system to achieve containment by isolation. The notice of violation will give a date by which the owner must comply. (3) On or before May 1, 2017, and on or before May 1 of each year thereafter , the Utilities Department shall develop and submit to the Colorado Department of Public Health and Environment its written backflow prevention and cross-connection control annual report for the prior calendar year, as required by Colorado Primary Drinking Water Regulation 11. (i) Violations and Penalties: (1) A violation of any of the provisions of the Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. (2) In addition to penalties set forth in this section, failure to comply with the terms of this Code, including, but not limited to, failure to pay the necessary fees, charges and taxes, and failure to otherwise comply with the terms of this Codee shall constitute an offense and a violation thereof. Violation of this Code may result in an administrative fine of not less than fifty dollars ($50.00) per day per assembly added as a fee to the customer's monthly bill. (3) Failure of the customer to cooperate in the installation, maintenance, testing, or inspection of backflow prevention assemblies required by these standards shall be grounds for the discontinuation of water service to the premises or the requirement. treated water service shutoff, and placement onto the unmetered water rate. Delinquency for each calendar month shall constitute a separate offense. (4) Service of water to any premises may be discontinued by the Utility Director if unprotected cross- connections exist on the premises. When a defect is found in an inst alled backflow prevention assembly, or if a backflow prevention assembly has been removed or bypassed, the service may be discontinued. Service shall not be restored until such conditions or defects are corrected. (5) Discontinuation of service may be summary, immediate, and without written notice whenever, in the sole discretion of the Director, such action is necessary to protect the purity of the public potable water supply or safety of the water system. (Ord. No. 38-2016; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 20-2024, § 1, 11-19-2024) Sec. 25.16.040. Receipts. On payment of any water rates or charges, the Finance Department shall issue a receipt therefor stating the date of payment, the amount of money received, from whom received and on what premises the water was used. (Code 1971, § 23-105; Ord. No. 27-1985, § 1; Ord. No. 30-2012 § 31; Ord. No. 17-2020, § 1, 11-24-2020) Sec. 25.16.061. Discontinuance of service. (a) Grounds for discontinuance. If any utility service charges remain unpaid for fifteen (15) days after their due date, the City may terminate service for the type of utility service for which payment has not been made. In 149 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 30 of 34 addition, the City may terminate a utility service for violation of any rule or regulation concerning such utility as set forth in this Title. (b) Notice of termination. In order to terminate any services the City shall send a notice of termination by first class mail or, at the City's option, by certified mail, return receipt requested, or by posting in a conspicuous place at or near the main entrance to the premises served by such utility service to the customer listed on the City records and, at the City's option, to the occupant of the premises served and/or the owner of the premises served. (c) Effective date of discontinuance of service. The effective date of the discontinuance of utility service shall be ten (10) days after the mailing by the City of a notice of termination. (d) When utility service is not discontinued. Utility service shall not be discontinued: (1) Between 12:00 p.m. on Friday and 8:00 a.m. on the following Monday or between 12:00 p.m. on the day prior to and 8:00 a.m. on the day following any federal holiday or City holida y. (2) During any period when termination of service would be especially dangerous to the health or safety of any residential customer or permanent resident of the customer's household and such customer has established that he/she was unable to pay for the service as regularly billed by the City or is able to pay for such service but only in reasonable installments. Termination of service that would be especially dangerous to the health or safety of the residential customer or a permanent resident of the customer's household means that the termination of service would aggravate an existing medical condition or create a medical emergency for the customer or a permanent resident of the customer's household. Such shall be deemed to be the case when a physician licensed by the State makes a certification thereof in writing and said certification is received by the City. In the event a medical certification is delivered to or received by the City, a non-discontinuance of service as herein prescribed shall be effective for sixty (60) days from the date of said medical certification. A residential customer may invoke the provisions of this Paragraph no more than once during any period of twelve (12) consecutive months. (3) In the event a customer at any time proffers full payment of any utility bill by cash or bona fide check to the City of Aspen Finance department. (4) If violations of rules or regulations concerning the receipt or use of utility service have ceased. (e) Reconnection. Nothing contained in this Section shall preclude the City from charging a reconnection fee as required by Section 25.04.120 before reconnecting a utility service discontinued pursuant to this Section. In addition, prior to reconnection, all charges for that type of utility service mu st be paid to the City. (f) Delivery of notice. Notwithstanding anything to the contrary in this Section, whenever reference is made herein to a notice or other document being mailed or delivered, that phrase shall mean that the notice or other document is either deposited in the United States mail, postage paid, first class or certified mail, return receipt requested, at the City's option, or physically delivered to the addressee, which physical delivery will be accomplished by either handing to someone over eighteen (18) years of age at the premises served or by posting upon the main entrance of the premises served by the utility service in a conspicuous place. (Ord. No. 38-2016; Ord. No. 17-2020, § 1, 11-24-2020) Sec. 25.16.090. Deposit for water service. (a) When applying for water service at a new location, each applicant shall be required to place a cash deposit in the following manner: 150 Created: 2025-03-24 15:29:56 [EST] (Supp. No. 5) Page 31 of 34 Residential service: Two hundred dollars ($200.00). Commercial service: (1) An amount equal to the service bills for the subject property for the three (3) highest months of usage during the prior year, if the applied-for use of the property is similar to the prior use; or (2) If there is no similar prior space or use on which to compute the amount provided in Subsection (a) Paragraph (1) above, then an amount to be determined by the Finance Director within his or her sole discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b) Subject to the approval of the Utilities Director based on previous credit history with the City utilities, the owner of the premises on which the water is used may approve waiver of their tenant's deposit requirement. To request approval of the Utilities Director, the owner must complete an application which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to Section 25.04.090 above. (c) These deposits will be held by the Director of Finance until service is discontinued and final service bills are paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-five (45) days from date the final billing is issued. Effective January 1, 2013 no deposit will accrue interest. (Ord. No. 30-2012 § 36; Ord. No. 38-2014, § 10; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24- 2020) Sec. 25.16.095. Potable water bill adjustments. (a) A customer account for potable water service that experiences an unplanned and abnormally high -water usage event—clearly distinguishable as an outlier when compared to the account's consumption history for the prior three years, or since the account owner was first listed on the account, whichever period is shorter—may be eligible for a billing adjustment. The adjustment shall reclassify all gallons of water associated with the unplanned event to be billed at the current first-tier water rate. Only the water consumption charge shall be subject to adjustment; all other components of the bill, including fixed service charges and fees, shall remain unchanged. Prior to any adjustment being applied, the account owner must provide satisfactory evidence that the cause of the unplanned water usage has been identified and resolved. Account holder must also show proof of following any drought restrictions as applicable prior to bill adjustment. Only one such adjustment shall be permitted per water account for the same account owner within any rolling 24-month period. 151 Aspen, Colorado, Municipal Code Created: 2025-03-24 15:29:57 [EST] (Supp. No. 5) Page 32 of 34 CHAPTER 25.30. WATER EFFICIENT LANDSCAPING STANDARDS Sec. 25.30.030. Applicability. (a) After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to the following projects that use City of Aspen potable water, as well as to Aspen raw water accounts utilizing City -owned water rights: (1) Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. that has a disturbance area greater than one thousand (1,000) square feet and greater than twenty -five percent (25%) of the entire lot or parcel. (2) Permit applications with more than ten thousand (10,000) square feet of affected area, which is defined as the square footage of the building footprint, plus the square footage of exterior disturbance. (3) Landscape and Grading Permit applications with any modifications to an existing irrigation system. (4) All permit applications with internal work that alters greater than 50% of the existing structure, based on the entire square footage of the existing building. Note: Separate permits within three years for the same property that have a combined total disturbance area that meets any of the above triggers will be subject to compliance with WELS. (Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018; Ord. No. 28-2018; Ord. No. 9-2020, 1-28-2020; Ord. No. 9-2020, § 1, 1-28-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 20-2024, § 1, 11-19- 2024) Sec. 25.30.085. Requirements for temporary irrigation water service agreements. (a) Temporary Irrigation Water Service Agreements. Based on the terms and conditions of an approved city water user's Temporary Irrigation Water Service Agreement, the city will provide treated water service to the subject property for purposes of temporary irrigation of a predetermined amount of irrigated square feet for a predetermined period of time. The location, amount, plants, specifications, etc. of planned temporary irrigation on the subject property will be reviewed and approved prior to executing a Temporary Irrigation Water Service Agreement. A twenty-five thousand dollar ($25,000.00) deposit from property owner is also required prior to the city executing a Temporary Irrigation Water Service Agreement with an existing water customer for a parcel already receiving city water. (b) Water accounts that have an active Temporary Irrigation Water Service Agreement as of January 1st, 2026, shall be charged a twenty-five dollar ($25.00) monthly fee until such temporary agreement is dissolved. (Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 20-2024, § 1, 11-19-2024 152 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 33 of 34 Section 2. All other provisions of Title 25 not amended herein shall remain in full force and effect. Section 3. Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4. Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. Section 6. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. Section 7. This ordinance 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 ordinance repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8. A public hearing on this ordinance shall be held on the 18th day of November, at a regular meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 153 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 34 of 34 FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of November, 2025. Attest: Nicole Henning, City Clerk Rachael Richards, Mayor FINALLY, adopted, passed, and approved this 18th day of November, 2025. Attest: Nicole Henning, City Clerk Rachael Richards, Mayor Approved as to form: Kate Johnson, City Attorney 154 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Matt Grau, Budget Manager THROUGH: Pete Strecker, City Manager MEMO DATE: November 03, 2025 MEETING DATE: November 11, 2025 RE: Resolution #133, Series 2025 – City of Aspen 2026 Budget Adoption _____________________________________________________________________ Request of Council: Resolution 133, Series 2025 contains a combined net budget authority for the City’s municipal funds for operational, debt service and capital outlay equal to $296,438,343 (excluding double-counted interfund transfers). This annual spending plan reflects an increase of 69.2% from the previous year’s original budget, and further advances the Council’s priority project and goals, including Lumberyard Affordable Housing, Armory Hall Reuse, Entrance to Aspen, Early Childhood Education, Resource and Infrastructure Resiliency, and Traffic Flow and Congestion Relief. Also included within the resolution are net appropriations for two of the City’s component unit funds, as follows: Truscott Phase II Affordable Housing Fund of $2,151,674 with estimated revenues of $1,132,190; and Aspen Country Inn Affordable Housing Fund of $474,850 with estimated revenues of $443,000. Previous Actions: City Council and staff worked through the 2026 Proposed Budget during four work sessions held October 06 – October 27, 2025. These work sessions progressed through each of the twenty-one City funds and two component unit funds, provided key work plan and capital plan highlights, and proposed changes to municipal fees for the next year. City of Aspen Budget: The 2026 operating budget focuses on advancing Council priority projects and goals through multiple strategic areas of focus. Budget highlights include: $110.0 million for implementing infrastructure and the start of vertical construction of the Lumberyard affordable housing project, bringing the community closer to the development of 277 additional affordable housing units. $13.0 million for Armory Hall project, with construction start planned for 3Q 2026. Prioritizing and maintaining City assets through multiple capital projects totaling $16.0 million for Infrastructure. 155 New supplemental funding in the 2026 spending plan equals $7.8 million. These requests increased the base on-going operational budget by 6.9% and reflect the addition of 9.0 new FTEs (of which 3.0 FTE are one-year termed). Adjustments Since Initial Budget Proposal: Incorporated into the 2026 proposal are changes recently discussed with the Council at the October 27th work session and are summarized below: $30,000 increase to the 000-AMP Fund fleet capital budget to include a new trailer replacement; $200,000 increase in the 130-Tourism Promotion Fund operating budget to set 2026 expenditure authority equal to projected revenues; $122,500 increase to the 510-Information Technology Fund to correct the accidental zero for ongoing annual Community Broadband operating expenditures; ($180,572) reduction in personnel budget and -1 FTE for the elimination of the former Parking & Transportation Director position. 2025 Orig. Budget 2026 Budget $ Change % Change Revenues $206,698,878 $230,382,150 $23,683,272 11.5% On-Going Ops Budget (Base) $108,430,398 $113,776,024 $5,345,626 4.9% One-Time Supplementals $3,309,402 N/A ($3,309,402) N/A New Supplementals N/A $7,812,599 $7,812,599 N/A Total Operating $111,739,800 $121,588,623 $9,848,823 8.8% Capital Outlay $57,102,210 $171,198,250 $114,096,040 199.8% Debt Service $6,333,405 $3,651,470 ($2,681,935) (42.3%) Net Appropriations $175,175,415 $296,438,343 $121,262,928 69.2% Transfers $35,977,310 $43,428,362 $7,451,052 20.7% Total Appropriations $211,152,725 $339,866,705 $128,713,980 61.0% Ending Fund Balance $293,575,727 $254,181,570 ($39,394,157) (13.4%) 156 Component Unit Funds’ Budgets: Truscott Phase II Affordable Housing Fund is one of two component units of the City of Aspen. Annual revenues from this operation are such that collections should be sufficient to cover the annual operations and debt service payments in this fund. The City is also the managing general partner for the ACI Affordable 1 LLLP. This Limited Liability Limited Partnership - which also has a limited partner (APCHA) and an investment limited partner (Boston Capital) - owns the Aspen Country Inn. Truscott Phase II Property Aspen Country Inn Property Revenues $1,132,190 $443,000 Base Funding $610,384 $288,235 Supplemental Requests $0 $0 Total Operating $610,384 $288,235 Capital Outlay $1,144,350 $48,350 Debt Service $396,940 $138,265 Net Appropriations $2,151,674 $474,850 Transfers $0 $0 Total Appropriations $2,151,674 $474,850 Ending Fund Balance $85,234 $191,504 Recommendations: Staff recommend approval of Resolution 133, Series 2025 adopting the 2026 Budget. City Manager Comments: 157 RESOLUTION NO. 133 (SERIES OF 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ADOPTING 1) THE 2026 MUNICIPAL BUDGET; AND 2) THE 2026 BUDGETS FOR TRUSCOTT PHASE II AFFORDABLE HOUSING FUND AND ASPEN COUNTY INN AFFORDABLE HOUSING FUND, WHICH ARE COMPONENT UNIT FUNDS OF THE CITY OF ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the annual budget for the City of Aspen, Colorado for the fiscal year beginning January 1, 2026, and ending December 31, 2026; and WHEREAS, in accordance with Section 9.8 of the Home Rule Charter, the Council shall adopt the budget by resolution on or before the final day established by law as December 15th for certification of the ensuing year’s tax levy to the county; and WHEREAS, Article 9 of the Aspen Home Rule Charter requires the adoption of an annual budget with the opportunity for the public to participate at a public hearing at least 15 days prior to the statutory deadline for certification of the ensuing year’s tax levy to the county, and it is the intent of the Council by adoption of this budget to follow the requirements of City Charter; and WHEREAS, the budgets as submitted in Exhibits A & B set forth the amounts to be appropriated for expenditure, and estimated revenues, for each accounting fund for the calendar year of 2026. SECTION 1: NOW THEREFORE, be it resolved by City Council, that the budget for the City of Aspen, Colorado for fiscal year 2026, attached hereto as Exhibit A and incorporated herein by this reference, is hereby adopted. All constituted appropriations amounting to $339,866,705, and estimated revenues amounting to $230,382,150, are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year beginning January 1, 2026, and ending December 31, 2026, as required pursuant to 29-1-103 (2), C.R.S. SECTION 2: NOW THEREFORE, be it resolved by City Council, that the budget for the City of Aspen, Colorado, attached hereto as Exhibit B, Truscott Phase II Affordable Housing Fund for fiscal year 2026 is hereby adopted with appropriations amounting to $2,151,674, and estimated revenues amounting to $1,132,190. Aspen Country Inn Affordable Housing Fund for fiscal year 2026 is hereby adopted with appropriations amounting to $474,850 and estimated revenues amounting to $443,000. That all are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year 158 beginning January 1, 2026, and ending December 31, 2026, as required pursuant to 29-1-103 (2), C.R.S. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on this 11th, day of November 2025. _____________________________ Rachael Richards, Mayor I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City Council at its meeting held on the 11th day of November 2025. _______________________________ Nicole Henning, City Clerk 159 Exhibit A - 2026 Appropriation by Fund Fund Name Opening Balance Revenues Expenditures Ending Balance 001-General Fund $50,796,316 $53,056,489 $65,163,898 $38,688,907 100-Parks and Open Space Fund $5,074,850 $22,800,126 $21,631,294 $6,243,682 120-Arts & Culture Fund $53,493,258 $12,561,276 $13,654,581 $52,399,953 130-Tourism Promotion Fund $297,175 $4,532,250 $4,532,250 $297,175 131-Public Education Fund $2,198 $5,048,760 $5,048,760 $2,198 132-REMP Fund $3,681,535 $980,460 $2,801,825 $1,860,170 141-Transportation Fund $24,600,431 $7,669,045 $6,606,662 $25,662,814 150-Housing Development Fund $132,305,587 $31,327,289 $113,283,718 $50,349,158 152-Kids First Fund $11,951,012 $5,172,687 $4,448,878 $12,674,821 160-Stormwater Fund $3,980,091 $2,571,266 $3,164,726 $3,386,631 250-Debt Service Fund $305,518 $3,650,960 $3,651,470 $305,008 000-Asset Management Plan Fund $21,589,581 $19,102,930 $20,954,500 $19,738,011 421-Water Utility Fund $22,964,458 $15,765,215 $28,729,028 $10,000,645 431-Electric Utility Fund $7,130,937 $15,176,216 $16,400,108 $5,907,045 451-Parking Fund $9,105,347 $5,832,890 $6,196,144 $8,742,093 471-Golf Course Fund $3,154,675 $3,692,061 $4,255,368 $2,591,368 491-Truscott I Housing Fund $1,370,016 $1,602,969 $1,415,261 $1,557,724 492-Marolt Housing Fund $2,059,320 $1,816,975 $1,827,517 $2,048,778 501-Employee Benefits Fund $1,690,515 $9,653,061 $9,747,778 $1,595,798 505-Employee Housing Fund $7,380,423 $4,793,815 $2,487,807 $9,686,431 510-Information Technology Fund $732,883 $3,575,410 $3,865,135 $443,158 Total Gross Appropriations $363,666,126 $230,382,150 $339,866,705 $254,181,570 Transfers ($43,428,362) ($43,428,362) Total Net Appropriations $186,953,788 $296,438,343 Exhibit B - Component Unit Funds Fund Name Opening Balance Revenues Expenditures Ending Balance 641-Truscott II Affordable Housing Fund $1,104,718 $1,132,190 $2,151,674 $85,234 642-ACI Affordable Housing Fund $223,354 $443,000 $474,850 $191,504 160 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Matt Grau, Budget Manager THROUGH: Pete Strecker, City Manager MEMO DATE: November 03, 2025 MEETING DATE: November 11, 2025 RE: Resolution #134, Series 2025 – APCHA 2026 Budget Adoption _____________________________________________________________________ Request of Council: Staff is requesting City Council recognition of the Aspen Pitkin County Housing Authority (APCHA), Smuggler Affordable Housing, and APCHA Development Fund budgets for calendar year 2026. Previous Actions: The 2026 proposed budgets for APCHA and Smuggler were presented and discussed across the four October budget work sessions with City Council. Approval of the APCHA budget by resolution has occurred annually as a statement of recognition by the Council for its support of these budgets and the subsidy provided by the City of Aspen. Summary and Background: In addition to normal adjustments to the base budget, the 2026 budget for the APCHA Housing Administration Fund includes a supplemental increase of $500,000 for the Essential Home Repairs Program. Inclusive of the supplemental request for 2026, the proposed budget for next yea r will require the City and County to each subsidize the APCHA budget by $1,293,250. The budget for the Smuggler Affordable Housing Fund (wholly owned by APCHA) reflects operational and capital costs associated with this low-income rental property. 161 Fund Name Opening Balance Revenues Expenditures Ending Balance 620-Housing Administration Fund $742,142 $3,812,260 $4,048,400 $506,002 622-Smuggler Housing Fund $450,477 $99,075 $139,511 $410,041 632-APCHA Development Fund $620,227 $4,370 $24,826 $599,771 Recommendations: Staff requests City Council approval of Resolution #134, Series 2025 to adopt the proposed budget for the Housing Administration Fund, the Smuggler Affordable Housing, and APCHA Development Fund for 2026. City Manager Comments: 162 RESOLUTION NO. 134 (SERIES OF 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING THE 2026 BUDGET FOR ASPEN PITKIN COUNTY HOUSING AUTHORITY HOUSING ADMINISTRATION FUND, THE SMUGGLER AFFORDABLE HOUSING FUND AND THE APCHA DEVELOPMENT FUND WHEREAS, the Aspen Pitkin County Housing Authority is a standalone entity, uniquely separate from the City of Aspen and Pitkin County, and WHEREAS, the City of Aspen directly appoints one director and one alternate director, and jointly with the County Commissioners, appoint three additional directors and one alternate director. The County Commissioners appoint the remaining two, one director and one alternate director, for a total of eight Board Members on the Aspen Pitkin County Housing Authority, with the intent that City of Aspen is expressly represented in matters concerning affordable housing in and around the Aspen community, and WHEREAS, the City of Aspen annually subsidizes the operations of the Aspen Pitkin County Housing Authority administrative functions, and WHEREAS, pursuant to the current intergovernmental agreement, the Housing Authority Executive Director must prepare and present annual budgets and make recommendations to the City and County for their adoption, and WHEREAS, the budget as submitted in Exhibit A sets forth the amount anticipated to be appropriated by the Aspen Pitkin County Housing Authority for expenditure, and estimated revenues, for each accounting fund for the calendar year of 2026, NOW THEREFORE, be it resolved by City Council, that the budgets for the Aspen Pitkin County Housing Authority Housing Administration Fund and the Smuggler Affordable Housing Fund for fiscal year 2026 is hereby supported by the Aspen City Council. Appropriations amounting to $4,048,400 and estimated revenues amounting to $3,812,260 for the Housing Administration Fund, and appropriations amounting to $139,511 and estimated revenues of $99,075 for the Smuggler Affordable Housing Fund, and APCHA Development Fund appropriations amounting to $24,826 and estimated revenues of $4,370, are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2026. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on this 11th day of November 2025. _____________________________ Rachael Richards, Mayor 163 I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City Council at its meeting held on the 11th day of November 2025. _______________________________ Nicole Henning, City Clerk 164 Exhibit A - APCHA & APCHA Managed Fund Name Opening Balance Revenues Expenditures Ending Balance 620-Housing Administration Fund $742,142 $3,812,260 $4,048,400 $506,002 622-Smuggler Housing Fund $450,477 $99,075 $139,511 $410,041 632-APCHA Development Fund $620,227 $4,370 $24,826 $599,771 165 MEMORANDUM TO: City Council FROM: Matt Grau, Budget Manager THRU: Tyler Sexton, Interim Finance Director Pete Strecker, City Manager MEETING DATE: November 11, 2025 RE: Resolution No.132, Series 2025, APCHA Fall Supplemental Request of Council: Staff is requesting Council’s formal approval of $953,922 for the APCHA Housing Development Fund to adjust for housing inventory cost of goods sold (and corresponding revenues of $1,347,970). There is existing funding appropriated in 2025 that makes up the balance of the housing inventory cost of goods sold. Three deed restricted housing units were purchased by APCHA. One unit was repaired and resold already in 2025. The other two units were purchased in 2023 and rebuilt by Clayton Homes, completed in 2025. These two units are expected to sell before year end. The projected impact from the sale of these three deed restricted units to the fund’s cash balance is approximately net zero. Background: The APCHA board adjusts the year’s original spending plan periodically, and per the City’s intergovernmental agreement, Council must review and approve of these modifications. Discussion: At the sale of deed restricted housing units, accounting records in that period along with the sale where the inventory is reduced, revenue is recorded, the purchase & repair and maintenance to turnover the property are expensed. These are considered technical adjustments. Recommendations: Staff recommends approval of the revised spending plan. City Manager Comments: Attachments: Exhibit A – Appropriations by Fund Exhibit B – Technical Adjustments Exhibit C – Revenue 166 RESOLUTION NO. 132 (SERIES OF 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING SUPPLEMENTAL APPROPRIATIONS TO THE 2025 BUDGET FOR ASPEN PITKIN COUNTY HOUSING AUTHORITY FUNDS WHEREAS, the Aspen Pitkin County Housing Authority is a standalone entity, uniquely separate from the City of Aspen and Pitkin County, and WHEREAS, the City of Aspen directly appoints one director and one alternate director, and jointly with the County Commissioners appoints three additional directors and one alternate director. The County Commissioners appoints the remaining two, one director and one alternate director, for a total of the eight Board Members for the Aspen Pitkin County Housing Authority, with the intent that City of Aspen is expressly represented in matters concerning affordable housing in and around the Aspen community, and WHEREAS, the City of Aspen annually subsidizes the operations of the Aspen Pitkin County Housing Authority administrative functions, and WHEREAS, the budget was originally approved by the City of Aspen on November 12, 2024, by Resolution 127 (Series 2024) and a supplemental increase by Resolution 31 (Series 2025). WHEREAS the Board Members for the Aspen Pitkin County Housing Authority have approved certain supplemental appropriations to the budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen that supplemental appropriations adjustments in Exhibit A are approved for the APCHA Development Fund of an increase in revenues of $1,347,970 and an increase in expenditures of $953,922 amending total revenue to $1,364,170 and total expenditures to $1,421,770. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 11th day of November 2025. _____________________________ Rachael E. Richards, Mayor I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City Council at its meeting held on the 11th day of November 2025. _______________________________ Nicole Henning, City Clerk 167 Exhibit A: Component Unit 2025 Appropriations By FundFund Name2025 Audited Opening Balance2025 Adopted Revenue2025 Spring Supplemental Revenue2025 Fall Supplemental2025 Amended Revenue Budget2025 Adopted Expense2025 Spring Supplemental Expense2025 Fall Supplemental Expense2025 Amended Expense Budget2025 Ending Balance620 Housing Administration Fund$967,313$3,989,250 $0 $0 $3,989,250 $3,833,050 $381,371 $0 $4,214,421$742,142622 Smuggler Housing Fund$537,427$90,500 $0 $0 $90,500 $170,450 $7,000 $0 $177,450$450,477632 APCHA Development Fund$314,817$16,200 $0 $1,347,970 $1,364,170 $24,220 $443,628 $953,922 $1,421,770$257,217Total$1,819,557$4,095,950 $0 $1,347,970 $5,443,920 $4,027,720 $831,999 $953,922 $5,813,641$1,449,836632 APCHA Development Fund GAAP Adjustments - Purchased Inventory($381,442)632 APCHA Development Fund GAAP Adjustments - Sale of Inventory (amount as of end of 2024 gets added to fund balance)$701,583632 LRP Ending Fund Balance $577,358Opening Balance Revenues ExpensesEnding Balance168 Department/Description Operating Capital Debt Transfers Out 2025 FALL TECHNICAL ADJUSTMENTS Recording the COGS of the Housing Unit Inventory: At the time of sale of APCHA Housing Units, the units are recorded as expense, inventory is reduced, and revenue is recorded. This is the formal authority required for these accounting transactions to be recorded. $953,922 632 - APCHA Development Fund Total:$953,922 $0 $0 $0 620-632 APCHA Funds Resolution Previously Approved & Technical Adjustments $953,922 $0 $0 $0 169 Department/Description Revenues Transfers In Recording the COGS of the Housing Unit Inventory: At the time of sale of APCHA Housing Units, the units are recorded as expense, inventory is reduced, and revenue is recorded. This is the formal authority required for these accounting transactions to be recorded. $1,347,970 632 - APCHA Development Fund Total:$1,347,970 $0 Total Revenues 620, 622 & 632 APCHA Funds:$1,347,970 $0 2025 FALL REVENUE & TRANSFER DETAIL 170 EARLY TERMINATION AGREEMENT THIS EARLY TERMINATION AGREEMENT (this “Agreement”) is made as of November ____, 2025, by and among (i) The City of Aspen, a Colorado home rule municipality (“Landlord” or “City”), having an address of 427 Rio Grande Place, Aspen, CO 81611; (ii) Yogi’s, LLC, a Colorado limited liability company and Brendan Berl (collectively, “Tenant”), having an address of 488 Castle Creek Rd., Unit 101, Aspen, CO 81611; and (iii) Scott and Carly Weber (collectively, “Weber”), having an address of P.O. Box 1381, Aspen, CO 81612. Recitals WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated April 3, 2023 (the “Lease”), pursuant to which Landlord leased to Tenant a portion of certain real property in Pitkin County, Colorado, known as the Rio Grande Building, 455 Rio Grande Place, Aspen, CO 81611, as described and depicted in the Lease as the “Leased Premises” and “Additional Leased Premises.” The Leased Premises and Additional Leased Premises are referred to collectively in this Agreement as the “Premises.” Capitalized terms used herein that are not otherwise defined shall have the meaning assigned to them in the Lease. WHEREAS, together with the execution of the Lease, Brendan Berl (“Original Guarantor”) executed a Guaranty of Lease, personally guaranteeing the obligations and liabilities of Tenant under the Lease (the “Original Guaranty”). WHEREAS, Tenant has deposited a security deposit in the amount of $10,000.00 (the “Deposit”) with Landlord pursuant to the Lease, which Deposit Landlord is holding on behalf of Tenant. WHEREAS, the Lease expires on April 14, 2028. WHEREAS, on May 8, 2025, Landlord initiated eviction proceedings against Tenant based on Tenant’s failure to pay rent due under the Lease. Landlord dismissed those proceedings on the condition that, among other things, Tenant find a new tenant for the Leased Premises. WHEREAS, after several proposals to assign the Lease that were not acceptable to Landlord, Landlord now desires to purchase from Tenant all of its right, title, and interest in and to the Lease, the Premises, and the furniture, fixtures, and equipment in the Premises from the Tenant, and Tenant desires to terminate the Lease prior to the termination date set forth in the Lease under the terms and conditions set forth herein. WHEREAS, in connection with its buildout of the Leased Premises, Tenant obtained a construction loan from FirstBank in the principal amount of $920,000.00 (“FirstBank Loan”), which Weber personally guaranteed. FirstBank filed a UCC Financing Statement securing the FirstBank Loan against certain assets of Tenant, as set forth in the UCC filed with the Colorado Secretary of State on February 20, 2024 (“FirstBank’s UCC-1 Financing Statement”). Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 39171 2 WHEREAS, Weber is willing to take actions to secure FirstBank’s agreement to release the Premises, the Lease, and the assets of Tenant from FirstBank’s UCC-1 Financing Statement to facilitate Landlord’s buy out of the Lease from the Tenant as set forth herein and so as to ensure that the Leased Premises may quickly and successfully reopen as a restaurant accessible and affordable to Aspen residents. WHEREAS, at the onset of the Lease, the Premises were not finished and did not have a commercial kitchen. The City recognizes that the First Bank Loan financed the construction of a commercial restaurant kitchen, interior finishes, flooring, wall treatments, fire suppression system, and other improvements necessary to operate a public restaurant on the Premises. WHEREAS, the City and its future tenants may benefit from the improvements made by Tenant, and, because of those improvements, the City may immediately lease the restaurant space to a restaurant operator. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Termination of Lease. As of the Effective Date, Tenant agrees to relinquish all right, title, and interest in, to, and under the Lease, the Premises, and any of Tenant’s personal property in the Premises, including, but not limited to, the right to recover, or make demand for recovery of any refund, overpayment, or other sum which is now or hereafter may become due and owing from Landlord as a result of the reconciliation of Lease expenses, together with all of the rights, privileges and appurtenances with respect to the leasehold estate created by the Lease, and all of Tenant’s right, title, and interest in and to any remaining leasehold improvements located in the Premises, upon all of the terms and conditions herein set forth. Tenant will surrender the applicable Premises in good, clean condition, all in accordance with the terms of the respective Lease and all fixtures and equipment located in the Premises which cannot be removed without damage to the Premises. Any personal property which remains in the Premises on the Effective Date shall be deemed abandoned by Tenant and conveyed to Landlord, and Landlord may remove and dispose of the personal property without liability. If Tenant fails to surrender the Premises on the Effective Date, in addition to all other remedies available to Landlord under the Leases, Tenant shall pay to Landlord, as liquidated damages, the sum of $1,000 per day from the Effective Date of this agreement until the Tenant surrenders the Premises. 2. Consideration. As consideration for Tenant’s early termination of the Lease and vacation of the Premises and other covenants and agreements provided for herein, Landlord shall (i) pay to Tenant, in good and sufficient funds via wire transfer, the sum of FIFTY-FIVE THOUSAND DOLLARS AND 00/100 ($55,000.00) (the “Tenant Payment”), and (ii) pay to FirstBank in good and sufficient funds via wire transfer the sum of TWO HUNDRED AND FIFTY THOUSAND AND 00/100 ($250,000.00) to be applied to the FirstBank Loan (the “FirstBank Payment”). The Tenant Payment shall be wired to Tenant’s attorney’s trust account within three business days of mutual execution of this Agreement. The FirstBank Payment shall be wired in accordance with wiring instructions provided by Weber within three business days of mutual execution of this Agreement. Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 40172 3 3. Deposit. Landlord shall retain $,5,000 of the Deposit which shall be used to clean the Premises and repair equipment on the Premises. The remaining $5,000 of the Deposit shall be returned to Tenant and is included in the Tenant Payment amount set forth in paragraph 2 above. 4. Release of Tenant and Original Guarantor. As of the Effective Date, Tenant shall automatically be released of all obligations and liabilities arising under the Lease except to the extent expressly provided for in this Agreement. Also as of the Effective Date, the Original Guarantor shall automatically be released of all obligations and liabilities arising under the Original Guaranty. Landlord consents to the release of Tenant and Original Guarantor except to the extent expressly provided for in this Agreement. 5. Assignment and Assumption of Equipment Leases. (a) Tenant hereby assigns to Landlord as of the Effective Date all of Tenant’s right, title, interest, and obligations in, under, and to (i) the Commercial Equipment Lease Agreement between Tenant, as Lessee, and TimePayment Corp., as Lessor (the “TPC Lease”), and (ii) the Master Equipment Lease Agreement between Tenant, as Customer, and Geneva Capital, LLC, as Owner (the “Geneva Lease”); and (iii) the “Equipment” described in each of the TPC Lease and Geneva Lease, and Landlord assumes the same. (b) Without limiting the generality of Section 5(a), above, Landlord (i) accepts and agrees to perform all of the payment and other obligations under the TPC Lease and Geneva Lease as of the Effective Date; (ii) accepts the Equipment in its as-is, where is condition with all faults; and (iii) accepts the Equipment subject to the security interests set forth in the TPC Lease and Geneva Lease and the UCC-1 Financing Statements perfecting the same. (c) Tenant acknowledges and accepts that the UCC-1 Financing Statements filed by TimePayment Corp. and Geneva Capital, LLC against Tenant as “debtor” will remain of record unless and until amended or terminated by TimePayment Corp. and/or Geneva Capital, LLC. In the event Landlord pays in full all amounts owed under the TPC Lease and/or Geneva Lease, Landlord agrees to use best efforts to cause the UCC- Financing Statement(s) to be timely and fully terminated so as to release Tenant and the Equipment therefrom. (d) Tenant shall execute and deliver any further assignments, instruments of transfer, bills of sale, releases, or conveyances which may be reasonably necessary to allow the Landlord to negotiate the terms, conditions, or settlements of the TPC Lease and the Geneva Lease. 6. Tenant Representations. Tenant acknowledges, agrees, certifies, and represents to Landlord as follows: (a) Tenant has not assigned, transferred, or pledged the Lease or any interest therein or sublet all or any portion of the Premises and, as of the date hereof. Tenant has not executed Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 41173 4 any subordination, non-disturbance, and attornment agreements with respect to the Lease, and Tenant has not received any notice of any mortgagee of the Premises to which notices of default must be sent under the Lease; and (b) Tenant and the party executing this Agreement on behalf of Tenant is authorized to do so and agrees, upon request, to deliver to Landlord a resolution or similar document to that effect. 7. Landlord Concessions and Agreements. All unpaid Base Rent, Percentage of Gross Sales rent, common maintenance, insurance, utilities, and other charges, late charges, interest, and all other amounts due and owing from Tenant to Landlord as of the Effective Date are hereby waived and forgiven. 8. FirstBank’s UCC-1 Financing Statement. Conditioned upon Landlord’s payment of the FirstBank Payment in accordance with this Agreement, Weber shall cause FirstBank to release the City of Aspen, the Premises, the Lease, and the assets of Tenant from FirstBank’s UCC-1 Financing Statement or otherwise terminate the UCC-1 no later than four (4) business days after Landlord’s delivery of the FirstBank Payment. 9. Indemnifications. (a) By Tenant. Tenant and Brendan Berl, individually (collectively, the “Tenant Parties”) agree, jointly and severally, to indemnify and hold harmless the Landlord, and its respective members, managers, elected and appointed officials, agents, representatives, heirs, successors, and assigns from and against any and all claims, actions, causes of action, liens, liabilities, obligations, judgments, costs, and expenses (including reasonable attorney fees) of any kind or nature, whether known or unknown, arising out of or related to (i) the Premises, (ii) the construction of the Premises, (iii) Tenant’s use of the Premises and operation of its business at the Premises, and (iv) any financial obligations owed by Tenant to any third party, excluding only those obligations assumed by Landlord under this Agreement, prior to the Effective Date. (b) By Weber. Conditioned upon Landlord’s payment of the FirstBank Payment in accordance with this Agreement, Weber agrees, jointly and severally, to indemnify and hold harmless the Landlord and its respective members, managers, elected and appointed officials, agents, representatives, heirs, successors, and assigns from and against any and all claims, actions, causes of action, liens, liabilities, obligations, judgments, costs, and expenses (including reasonable attorney fees) of any kind or nature, whether known or unknown, arising out of or related to FirstBank’s UCC-1 Financing Statement. 10. Assurances. All parties acknowledge and agree that they will hereafter execute and deliver any further assignments, instruments of transfer, bills of sale, releases, or conveyances which may be reasonably necessary to fulfill all of the parties’ obligations and agreements hereunder and otherwise effectuate the intent and transactions contemplated herein. 11. Conditions of the Premises. Landlord accepts the Premises “AS IS” in the condition existing on the Effective Date. Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 42174 5 12. Disputes and Attorneys’ Fees. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement, without reference to the conflicts of law principles of that State. With respect to any dispute, legal action of any kind arising from the terms of this Agreement that any party may have, it is expressly agreed that such action shall be brought in the District Court of Pitkin County in the State of Colorado, and that such court shall be deemed to be the court of sole and exclusive jurisdiction and venue for the bringing of such action. In the event it becomes necessary for either party to employ counsel for advice regarding a default, or to respond, intervene, or otherwise become involved in any suit or proceeding Each party shall be responsible for its own attorneys’ fees. 13. Effective Date. The “Effective Date” of this Agreement shall be the date on which the last of Landlord, Tenant, and Weber execute this Agreement. 14. Approval by City Council. The Parties agree that any remedies the City may have for default under the Lease shall be stayed until this agreement is approved by the Aspen City Council by Resolution at a public meeting, which approval shall be at the sole and absolute discretion of City Council. If a Resolution of approval is not adopted on or before November 18, 2025, this agreement and all terms and conditions set forth herein shall be deemed void ab initio. 15. Nonreliance. The Parties to this Agreement expressly assume the risks that the facts or law may be, or become, different from the facts or law as presently believed by the Parties. The Parties represent that they have had the opportunity to consult with, and/or have consulted with counsel regarding this Agreement. 16. Entire Agreement. The Parties represent and agree that no promise, inducement, or agreement other than that expressed herein has been made to them and that this Agreement is fully integrated, supersedes all prior agreements, understandings, statements or representations and contains the entire agreement between them with respect to the subject matter hereof. 17. Voluntary and Informed Assent. The Parties represent and agree that they have read and fully understand this Agreement, that they are fully competent to manage their own personal and business affairs and to enter into and sign this Agreement, and that they are executing this Agreement voluntarily, free of any duress or coercion. 18. No Waiver. No failure to exercise and no delay in exercising any right, power or remedy under this Agreement shall impair any right, power or remedy which any Party may have, nor shall any such delay be construed to be a waiver of any such rights, powers or remedies or an acquiescence in any breach or default under the Agreement, nor shall any waiver of any breach or default of any Party be deemed a waiver of any default or breach subsequently appearing. 19. Miscellaneous. This Agreement may not be amended, modified or terminated except by an instrument, in writing, executed by the parties hereto. This Agreement may be executed in any number of counterparts which, together, will constitute one and the same instrument. This Agreement may be executed by electronic means, and a facsimile or other electronic signature will constitute an original signature for purpose of the execution of this Agreement. Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 43175 6 IN WITNESS WHEREOF, the parties have executed this Agreement, and the Agreement shall be effective as of the Effective Date. LANDLORD: City of Aspen By: Name: Peter Strecker Title: City Manager Date:____________________ TENANT PARTIES: Yogi’s, LLC, a Colorado limited liability company By: Name: Brendan Berl Title: Manager Date: _______________________________ Brendan Berl, individually (as to Section 11(a) only) Date: _______________________________ WEBER Scott Weber Date: _______________________________ Carly Weber Date:________________________________ Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 11/6/2025 11/6/2025 11/6/2025 11/6/2025 44176 3304800.1 Docusign Envelope ID: 63A77FED-4E64-48E1-8D3E-32119A268404 45177 Document C104TM –2024 Standard Form of Agreement Between Owner and Owner's Representative AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 1 ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. AGREEMENT made as of the Twenty-fourth day of October in the year Two Thousand Twenty-Five (In words,indicate day,month,and year.) BETWEEN the Owner: (Name,legal status,address,and other information) City of Aspen 427 Rio Grande Pl Aspen,CO 81611 and the Owner’s Representative: (Name,legal status,address,and other information) Concept One Group Inc. 183 North 12th St Carbondale,CO 81623 970-456-6470 for the following Project: (Name,location,and detailed description) Armory Hall Adaptive Reuse and Conner Park Improvements 130 S.Galena Street Aspen,CO 81611 The Owner and the Owner’s Representative agree as follows. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 8178 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 OWNER’S REPRESENTATIVE’S RESPONSIBILITIES 3 SCOPE OF OWNER’S REPRESENTATIVE’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 CLAIMS AND DISPUTES 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 COMPENSATION 10 SPECIAL TERMS AND CONDITIONS 11 SCOPE OF THIS AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section,insert the information or a statement such as “not applicable”or “unknown at time of execution.”) § 1.1.1 The Owner’s program requirements for the Project,if any: (Insert the Owner’s program requirements,identify documentation that establishes the Owner’s program,or state the manner in which the program will be developed.) Adaptive reuse of Armory Hall to include community gathering spaces,a food hall with five kitchens,a potential retail or grab and go component,and a visitor center. Conner Memorial Park improvements include a gathering plaza,new seating,walkways,multi-modal parking and landscape plantings. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics,such as size,location,etc.) Armory Hall was constructed in 1892,located at 130 S.Galena Street and is a local and national historically designated building.Conner Memorial Park is a pocket park adjacent to Armory Hall. § 1.1.3 Funding source: (Identify anticipated funding sources and deadlines related to funding for the Project.) Not applicable at the time of contract execution. § 1.1.4 The Owner’s budget for the Project: (Provide the Owner’s total budget for the Project and,if known,a line-item breakdown including the Owner’s Representative’s services,architectural and other consultant services,construction,financing,other costs,and reasonable cost contingencies.) Not applicable at the time of contract execution. § 1.1.5 The Owner intends the following procurement or delivery methods for design and construction of the Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 9179 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 3 Project: (Identify method such as competitive bid,negotiated contract,multiple prime contracts,or construction management.) Shaw Construction is currently engaged under a Preconstruction Services Agreement with the City of Aspen. Upon completion and acceptance of the Guaranteed Maximum Price (GMP),it is the City’s intent to enter into a Construction Contract with Shaw Construction based on the negotiated GMP. § 1.1.6 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates: Not applicable at the time of contract execution. .2 Construction commencement date: June/July 2026 .3 Substantial Completion date or dates: Closeout anticipated 25 months after start. .4 Other milestone dates: N/A § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project,if any.) § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner shall collaborate with its consultants to complete a sustainable projects exhibit and provide a copy to the Owner’s Representative. § 1.1.8 The Owner shall retain the following consultants and contractors: (If known,list discipline,name,contact information,and other pertinent information.) General Contractor Shaw Construction,LLC 760 Horizon Drive #201 Grand Junction,CO 81506 Architect CCY Architects 228 Midland Ave. Basalt,CO 81621 § 1.1.9 The Owner’s Representative shall retain the following consultants and contractors: (If known,list discipline,name,contact information,and other pertinent information.) § 1.1.10 Other Initial Information on which this Agreement is based: Services expected include items identified,but not necessarily limited to,the following: Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 10180 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 4 Preconstruction services Team Meetings.Familiarize oneself with current plans and progress of the project,attend regular bi-weekly project meetings.Potentially organize future regular or as needed meetings based on need.Any meetings organized by CMa requires CMa to document meeting notes in detail,distribute notes/tasks lists and save files in a project folder for future turnover to the City upon completion.Meet with City Historic Preservation staff and monitor as needed and required by the land use approval documents. Compliance Review.Help to verify that City referral department requirements are being met with the progression of Construction Document (CD)set.Verify that referral agency comments are incorporated int the CD set,as well as any available entitlements requirements such as the land use approval ordinance. Document any possible compliance concerns,work with team to remediate as needed to maintain compliance. Review the requirements to consult with Historic Preservation staff and monitor set forth in the land use approval documents,representations made concerning historic preservation before City Council,and ensure these requirements are met and that HP staff and monitor are consulted when required. Constructability Review.The CMa should perform an additional review of the project designs to this point from the point of view of building feasibility and efficiency.Document any possible concerns or opportunities and work with the team as needed to remediate or improve.Although code compliance is the architect’s responsibility,seek to ensure that no code requirements or historic preservation requirements have been overlooked in the plans and seek to remediate if necessary. Budget Review.The estimator has created a construction budget based on the 100%Schematic Design package and is currently refining the budget based upon the 100%Design Development package.Aid preconstruction consultation and estimating effort with estimator and design team. Project Schedule and Refinement.Work with the architect and estimator to develop owner’s detailed project schedule.Review the project schedule and consider the local process,resources and building environment. Identify and document inconsistencies,concerns,or otherwise unrealistic assumptions in the project schedule. Work with the team,including the architect and estimator,as needed to refine the project schedule to be as realistic as possible for the current stage of development. Building Permit.Work with the team on assembly of building permit application documents and ensure that the building permit application process is completed successfully including any necessary follow-up items which must be submitted.Work with the team to track and document the process throughout the iterative re- submittal process of permit review.Follow up and guide solutions for any design issues encountered during the process including organizing any agency review meetings if needed.Drive completion of the permit process by shoring up any loose ends and ensuring that the building permit is procured as soon as feasibly possible. Construction Management Services GC Contract Administration.Act as the Owner’s agent for administration of the GC contract.Overall facilitation,coordination,organization and direction of the team including document control and management.Communicate,track and organize all elements of a typical AIA GC engagement including,but not necessarily limited to,progress tracking,schedule management,payment applications,submittals,RFIs, PCOs/COs/CCDs and so on.Facilitate problem solving and associated documentation among the project team to remediate open issues or challenges related to scope,constructability,design,etc.Understand the owner’s rights and contingencies in the contract,recommend actions or alternatives as needed,and execute such actions when directed. Weekly OAC Meetings.Attend weekly OAC meetings.Continue as needed throughout the duration of the contract. Site Visits.Site visits for on-site construction observation and troubleshooting.Anticipate the number will ramp up and then ramp down throughout the construction timeline dependent on the phase of construction. Agency Engagement.Communication and/or documentation with other agencies and partner entities as needed for project progress.For example,this may entail communication with the architect,GC and the building department over a right of way permit or other necessary administrative coordination to keep the Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 11181 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 5 project moving.Other examples of anticipated communications include communicating with local agencies to clarify or verify expectations or existing conditions that influence the project.It may also entail communication with neighboring residents,HOAs or property managers to discuss construction impact remediation.Communicate with Historic Preservation staff and monitor when required by the land use approval documents or building permit requirements.Other such activities are anticipated,and it is expected that there will be some regularity with this type of engagement. Monthly Pay Application and Progress Summary Report.Prepare monthly package with pay application and progress summary report,including:cover letter summary with recommended actions,acceptable forms included such as AIA,invoices,conditional and unconditional lien waivers,GC pay application including schedule of values and completion to date,and progress summary narrative with observation and photos. Schedule Maintenance.Maintain updated GC schedule and Owner’s budget versus baseline,keep on top of GC change order log,submittal log,rfi log,and help with solutions to issues where needed. Occupancy and Closeout.Oversight and facilitation of GC completion and application for certificates of occupancy.Coordinate punch list process for building interiors,exteriors,site work,landscape,and irrigation system including irrigation water source and testing.Coordinate final inspections and any required paperwork. As-Built Documentation.Manage the production of and organize all as built documentation necessary for submittal to regulatory agencies sufficient to facilitate receipt of certificates of occupancy.Additionally organize as-built documents for owner’s records. Warranty Management Services Warranty Coordination.Warranty timeline is two years.Receive and track the aging and remediation of items for Armory Hall’s interiors,exteriors,site and landscape.Work with GC as needed to coordinate replacement or repairs.Coordinate with operator where necessary and accompany GC as needed for completion.Hours are expected to diminish toward zero over the course of the two-year warranty process. Manage Post Construction Issues.Follow up and guide remediation of any ongoing design or construction issues remaining including organizing any agency review meetings if needed.Drive completion and ensure that Owner’s responsibilities are fulfilled.Hours are expected to diminish toward zero over the course of the two year warranty process. Additional Services.Identify additional services necessary for fulfillment of General Contractor’s obligations. Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22, 2025 § 1.2 The Owner and the Owner’s Representative may rely on the Initial Information.Both parties,however, recognize that the Initial Information may materially change and,in that event,the Owner and the Owner’s Representative shall appropriately adjust the Owner’s Representative’s services,schedule,and compensation.The Owner shall adjust the Owner’s budget and anticipated schedule for the Project,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon written protocols governing the transmission and use of,and reliance on, Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to written protocols governing the use of,and reliance on,the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER’S REPRESENTATIVE’S RESPONSIBILITIES § 2.1 The Owner’s Representative shall exercise reasonable care in performing its services set forth in this Agreement.The Owner’s Representative shall not provide professional services on this Project that constitute the practice of architecture or engineering. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 12182 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 6 § 2.2 Except with the Owner’s knowledge and consent,the Owner’s Representative shall not engage in any activity,or accept any employment,interest,or contribution that would reasonably appear to compromise the Owner’s Representative’s judgment with respect to the Project. § 2.3 Owner’s Representative’s Limitations of Authority § 2.3.1 The Owner’s Representative shall have authority to act on behalf of the Owner only as set forth in this Agreement,subject to the limitations below.Unless otherwise agreed to by the Owner in writing,the Owner’s Representative shall not have authority to perform the following activities on behalf of the Owner: .1 Approve the Owner’s written program or the Architect’s design phase submissions; .2 Enter into,modify,terminate,or amend contracts or legally binding agreements; .3 Authorize change orders or construction change directives; .4 Reject,suspend,or stop the Work; .5 Adjust or settle insured losses; .6 Settle claims; .7 Waive rights;and .8 Other: § 2.3.2 The Owner’s Representative shall notify the Owner’s consultants and contractors performing services or Work on the Project in writing about the limitations of authority identified in Section 2.3.1. § 2.4 The Owner’s Representative shall maintain the following insurance until the termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Owner’s Representative normally maintains,the Owner shall pay the Owner’s Representative as set forth in Section 9.6.3. § 2.4.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2,000,000.00 )for each occurrence and Three Million Dollars ($3,000,000.00 )in the aggregate for bodily injury and property damage. § 2.4.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Owner’s Representative with policy limits of not less than One Million Dollars ($1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance,and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.4.3 The Owner’s Representative may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as those coverages required under Sections 2.4.1 and 2.4.2 and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.4.4 Workers’Compensation at statutory limits. § 2.4.6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($1,000,000.00 )per claim and Two Million Dollars ($2,000,000.00 )in the aggregate. § 2.4.7 Additional Insured Obligations. 2.4.7.1-The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds.Every policy required above shall be primary insurance,and any insurance carried by the City,its officers or employees,or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Owner’s Representative.No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations.The Owner’s Representative shall be solely responsible for any deductible losses under any policy required above. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 13183 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 7 2.4.7.2-The certificate of insurance provided to the City shall be completed by the Owner’s Representative's insurance agent as evidence that policies providing the required coverages,conditions,and minimum limits are in full force and effect,and shall be reviewed and approved by the City prior to commencement of the contract.No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled,terminated or materially changed until at least thirty (30)days prior written notice has been given to the City. 2.4.7.3-Failure on the part of the Owner’s Representative to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract,or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by City shall be repaid by Owner’s Representative to City upon demand,or City may offset the cost of the premiums against monies due to Owner’s Representative from City. 2.4.7.4-City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 2.6.7.5-The parties hereto understand and agree that City is relying on,and does not waive or intend to waive by any provision of this contract,the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence)or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,Section 24-10-101 et seq.,C.R.S.,as from time to time amended,or otherwise available to City,its officers, or its employees. 2.4.7.6-City's Insurance.The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA)and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Owner’s Representative for inspection during normal business hours.City makes no representations whatsoever with respect to specific coverages offered by CIRSA.City shall provide Owner’s Representative reasonable notice of any changes in its membership or participation in CIRSA. ARTICLE 3 SCOPE OF OWNER’S REPRESENTATIVE’S BASIC SERVICES § 3.1 General § 3.1.1 The Owner’s Representative’s Basic Services consist of those described in this Article 3.Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.2 The Owner’s Representative shall consult with the Owner during all phases of the Project and ensure that the Owner’s decisions and information are conveyed to consultants and contractors performing services or Work for the Project in a timely manner to promote orderly and sequential progress of the Project and avoid unreasonable delay. § 3.1.3 The Owner’s Representative shall provide its services in coordination with the services provided by the Owner’s consultants and contractors,and the Owner’s Representative’s services are not intended to be duplicative of any services provided by the Owner’s consultants and contractors.The Owner’s Representative shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner and the Owner’s consultants and contractors.If the Owner’s Representative becomes aware of any error,omission,or inconsistency in such services or information,the Owner’s Representative shall promptly report it to the Owner. § 3.1.4 The Owner’s Representative shall coordinate with the Owner’s consultants and contractors regarding the types of software to be used on the Project and assist the Owner in establishing and complying with any written protocols governing the transmission and use of,and reliance on,Instruments of Service or any other information or documentation in digital form. § 3.1.5 The Owner’s Representative shall assist the Owner in securing approvals,entitlements,and easements from authorities having jurisdiction over the Project and monitor the progress of each application.Nothing in this section shall require the Owner's Representative to assist in securing approvals and easements that are the responsibility of other consultants or contractors in their agreements with the Owner. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 14184 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 8 § 3.1.6 The Owner’s Representative shall assist the Owner in soliciting,selecting,and retaining the Owner’s consultants and contractors for the Project,such as architects,consultants,construction manager,and contractors. § 3.1.7 The Owner’s Representative shall facilitate the preparation and execution of contracts between the Owner and the Owner’s consultants and contractors. § 3.1.8 The Owner’s Representative shall assist with developing and monitoring the Owner’s budget and schedule for the Project. § 3.1.9 If the Owner identified a Sustainable Objective in Article 1,the Owner’s Representative shall assist the Owner in fulfilling its responsibilities in the sustainable projects exhibit. § 3.1.10 The Owner’s Representative shall attend design,construction,and other meetings related to the Project. There is no limit to the Owner’s Representative’s virtual meeting attendance.The Owner’s Representative shall attend a minimum of 1 weekly in-person design,construction,and other meetings related to the Project during the construction phase.In addition the Owner’s Representative shall coordinate with Historic Preservation staff as needed and attend any meetings with the HP staff and monitor,including facilitating approval of any change in the design by HP staff and monitor. § 3.1.11 On a monthly basis,or as set forth below,the Owner’s Representative shall prepare and submit to the Owner a Project status report that may include information and documentation received from the Owner’s consultants and contractors.The Project status report shall include the following information: .1 a Project summary,including key items for the Owner’s decisions and approvals; .2 an update to the Owner’s schedule developed pursuant to Section 3.1.8,including observed deviations from the schedule that may impact key milestones,Substantial Completion,and final completion; .3 an update to the Owner’s budget developed pursuant to Section 3.1.8,based on actual and anticipated costs reported by each of the Owner’s consultants and contractors; .4 an update regarding the progress toward achieving the Sustainable Objective,if any; .5 proposed and approved design and construction changes,including additional services and change orders; .6 actual and potential claims;and .7 Other: (If the Project status report is required at intervals other than monthly,set forth such intervals below.) § 3.1.12 The Owner’s Representative shall maintain in good order a file containing contract documents,change orders,construction change directives,and other modifications,approved design documents,requests for information and responses,correspondence,and other information,which shall be accessible to the Owner at all times during the Project a copy of which shall be delivered to the Owner upon Project’s completion. § 3.2 Project Initiation Phase The Owner’s Representative shall familiarize itself with the Owner’s program requirements,Initial Information, and other information furnished by the Owner.If there are no Owner’s program requirements or if any Initial Information needs to be completed,the Owner’s Representative shall consult with the Owner on the necessary steps to develop the Owner’s program requirements,complete the Initial Information in this Agreement,and obtain any other information to be furnished by the Owner to the Owner’s consultants and contractors. § 3.3 Design and Procurement Phase § 3.3.1 The Owner’s Representative shall be generally familiar with the progress of the design services.The Owner’s Representative’s review of design submissions,if any,shall be for the limited purpose of checking for design conformance with the Owner’s program and schedule requirements,and not for the purpose of discovering errors,omissions,or inconsistencies in the Architect’s submissions.However,the Owner’s Representative shall promptly report to the Owner and Architect any errors,inconsistencies,or omissions discovered by or made Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 15185 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 9 known to the Owner’s Representative. § 3.3.2 The Owner’s Representative shall consult with the Owner and Architect in soliciting and reviewing proposed contractors for the Project and shall assist the Owner in selecting contractors for the Project.The Owner’s Representative shall review Shaw Constructions GMP and GMP development. § 3.4 Construction Phase § 3.4.1 The term “Work”means the construction and services required by the contract or contracts for construction of the Project,whether completed or partially completed,and includes all other labor,materials,equipment,and services provided or to be provided by the Owner’s contractors to fulfill their respective obligations.The Work may constitute the whole or a part of the Project. § 3.4.2 The Owner’s Representative shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences,or procedures,or for safety precautions and programs employed in connection with the Work,nor shall the Owner’s Representative be responsible for the Owner’s consultants’and contractors’failure to perform the services or the Work in accordance with the plans,specifications,or other contract or legal requirements for the Project.The Owner’s Representative shall be responsible for the Owner’s Representative’s negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of any of the Owner’s consultants or contractors performing services or Work. § 3.4.3 The Owner’s Representative shall be generally familiar with the progress of the Work throughout the entire progress of construction.The Owner’s Representative shall promptly report to the Owner and Architect observed deviations from the budget or schedule of the Project and defects and deficiencies observed in the Work. § 3.4.4 The Owner’s Representative shall assist the Owner with reviewing and processing certificates for payment, including reviewing the data substantiating the contractor’s right to payment included in applications for payment, such as copies of requisitions,and releases and waivers of liens from subcontractors and suppliers,and shall inform the Architect and the Owner of any discrepancies or concerns. § 3.4.5 The Owner’s Representative shall include the Architect in all communications with the Owner’s consultants and contractors for the Project that relate to or affect the Architect’s services or professional responsibilities.Communications by and with the Architect’s consultants shall be through the Architect. § 3.5 Project Completion Phase § 3.5.1 The term “Substantial Completion”means the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the contract or contracts for construction of the Project so the Owner can occupy or utilize the Work for its intended use. § 3.5.2 The Owner’s Representative shall attend the Architect’s Substantial Completion and final completion inspections to be generally familiar with the progress of the completed portion(s)of Work,including reviewing the contractor’s list of Work to be completed or corrected.The Owner’s Representative’s attendance at any inspection shall not be to evaluate conformance of the Work with contract requirements;however,the Owner’s Representative shall promptly report to the Architect and the Owner any defects and deficiencies observed in the Work. § 3.5.3 The Owner's Representative shall coordinate delivery of all warranties,guarantees,and Project close-out items to the Owner. § 3.5.4 The Owner’s Representative shall perform a final analysis of Project costs compared to the Owner’s Project budget. § 3.5.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Owner’s Representative shall,without additional compensation,participate in a meeting with the Owner and Architect to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.2 Owner Representative’s Additional Services Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 16186 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 10 § 4.2.1 The Owner’s Representative may provide Additional Services after execution of this Agreement without invalidating this Agreement.Except for services required due to the fault of the Owner’s Representative,any Additional Services provided in accordance with this Section shall entitle the Owner’s Representative to compensation pursuant to Section 9.4. § 4.2.2 Upon recognizing the need to perform the following Additional Services,the Owner’s Representative shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Owner’s Representative shall not proceed to provide the following Additional Services until the Owner’s Representative receives the Owner’s written authorization: .1 Services necessitated by a material change in the Project; .2 Services necessitated by the Owner’s or the Owner’s consultant’s and contractor’s failure to perform or to perform in a timely manner; .3 Services necessitated by an extensive amount of claims; .4 Preparation for,and attendance at,a public presentation,meeting,or hearing;and .5 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Owner’s Representative is party thereto. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide and update information to the Owner’s Representative regarding requirements for, and limitations on,the Project in a timely manner,including the information listed in Article 1 and Article 5 of this Agreement;information pertaining to other objectives,schedule constraints and criteria,and site requirements; and other information required for the Owner’s Representative to perform its services. § 5.2 The Owner shall collaborate with the Owner’s Representative to establish and periodically update the Project budget,including the Owner’s Representative’s costs,the cost related to the Owner’s consultants and contractors,and reasonable cost contingencies.If the Owner significantly increases or decreases the Project budget,the Owner shall promptly notify the Owner’s Representative. § 5.3 The Owner shall retain all consultants and contractors necessary to carry out the services or Work on the Project.The Owner shall provide the Owner’s Representative with copies of all executed agreements between the Owner and its consultants and contractors which may be redacted,at the Owner’s discretion,as necessary to protect proprietary and confidential information and any modifications to those agreements.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or Work provided.The Owner shall require all contractors to name the Owner’s Representative and its consultants as Additional Insureds on commercial general liability policies,where available. § 5.4 The Owner shall furnish all surveying,geotechnical engineering,legal,insurance,financing,and accounting services,including auditing services,and other services that may be reasonably necessary for the Project. § 5.5 The Owner shall furnish to its consultants and contractors copies of this Agreement,which may be redacted, at the Owner’s discretion,as necessary to protect proprietary and confidential information and any modifications thereto. § 5.6 The Owner shall provide prompt written notice to the Owner’s Representative if they become aware of any fault or defect in the Project,including errors,omissions,or inconsistencies in any documents produced by,or services provided by the Owner’s Representative or the Owner’s consultants and contractors. § 5.7 The Owner shall provide the Owner’s Representative access to the Project site and other facilities under the Owner’s control and associated with the Project.The Owner shall obligate its consultants and contractors to provide the Owner’s Representative access to the Project site wherever Work is in preparation or progress. ARTICLE 6 CLAIMS AND DISPUTES § 6.1 General § 6.1.1 The Owner and the Owner’s Representative shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 17187 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 11 by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and the Owner’s Representative waive all claims and causes of action not commenced in accordance with this Section. § 6.1.2 To the extent damages are covered by property insurance,the Owner and the Owner’s Representative waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they may have to the proceeds of such insurance.The Owner or the Owner’s Representative,as appropriate,shall require of their contractors,consultants,and agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 6.1.3 The Owner’s Representative shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages,losses,and judgments arising from claims by third parties,including reasonable attorneys’fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Owner’s Representative,its employees and its consultants in the performance of services under this Agreement.The Owner’s Representative’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend.The Owner’s Representative’s duty to indemnify the Owner under this Section shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 6.1.4 The Owner’s Representative and the Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party’s termination of this Agreement,except as specifically provided in Section 7.7. § 6.2 Mediation § 6.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Owner’s Representative’s services,the Owner’s Representative may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 6.2.2 The Owner and the Owner’s Representative shall endeavor to resolve claims,disputes,and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. § 6.2.3 The parties shall share the mediator’s fee and any filing fees equally.Unless another location is mutually agreed upon,the mediation shall be held in Aspen,Colorado..Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 6.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [] Arbitration pursuant to Section 6.3 of this Agreement [X ] Litigation in District Court,Pitkin County,State of Colorado [] Other:(Specify) If the Owner and the Owner’s Representative do not select a method of binding dispute resolution or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 18188 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 12 resolved in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 If the Owner fails to make payments to the Owner’s Representative in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Owner’s Representative’s option,cause for suspension of performance of services under this Agreement.If the Owner’s Representative elects to suspend services,the Owner’s Representative shall give seven days’written notice to the Owner before suspending services.In the event of a suspension of services,the Owner’s Representative shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services.Before resuming services,the Owner’s Representative shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Owner’s Representative’s services.The Owner’s Representative’s fees for the remaining services and the time schedules shall be equitably adjusted. § 7.2 If the Owner suspends the Project,the Owner’s Representative shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Owner’s Representative shall be compensated for expenses incurred in the interruption and resumption of the Owner’s Representative’s services.The Owner’s Representative’s fees for the remaining services and the time schedules shall be equitably adjusted. § 7.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Owner’s Representative,the Owner’s Representative may terminate this Agreement by giving not less than seven days’written notice. § 7.4 Either party may terminate this Agreement upon not less than seven days’written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 7.5 The Owner may terminate this Agreement upon not less than seven days’written notice to the Owner’s Representative for the Owner’s convenience and without cause. § 7.6 If the Owner terminates this Agreement for its convenience or the Owner’s Representative terminates this Agreement pursuant to Section 7.3,the Owner shall compensate the Owner’s Representative for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Owner’s Representative’s termination of consultant and contractor agreements. § 7.7 Termination expenses do not include an amount for the Owner’s Representative’s anticipated profit on the value of the services performed under this Agreement. (Set forth below the amount of any termination fee,or the method for determining any termination fee.) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 This Agreement shall be governed by the law of the State of Colorado.. § 8.2 The Owner and the Owner’s Representative,respectively,bind themselves,their agents,successors,assigns, and legal representatives to this Agreement.Neither the Owner nor the Owner’s Representative shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement,including any payment due to the Owner’s Representative by the Owner prior to the assignment. § 8.3 If the Owner requests the Owner’s Representative to execute certificates,the proposed language of such certificates shall be submitted to the Owner’s Representative for review at least 14 days prior to the requested dates of execution.If the Owner requests the Owner’s Representative to execute consents reasonably required to facilitate assignment to a lender,the Owner’s Representative shall execute all such consents that are consistent Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 19189 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 13 with this Agreement,provided the proposed consent is submitted to the Owner’s Representative for review at least 14 days prior to execution.The Owner’s Representative shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 8.4 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or the Owner’s Representative. § 8.5 Unless otherwise required in this Agreement,the Owner’s Representative shall have no responsibility for the discovery,presence,handling,removal,or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 8.6 During the Project,the Owner’s Representative shall be given reasonable access to take photographs and video of the Project in furtherance of its services performed pursuant to this Agreement.Unless otherwise agreed to by the Owner,the Owner’s Representative shall not have the right to publish photographs or videos of the Project for its promotional and professional materials in print or on social media. § 8.7 If the Owner’s Representative or the Owner receives information specifically designated by the other party as “confidential”or “business proprietary,”the receiving party shall keep such information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 8.7.1.This Section 8.7 shall survive the termination of this Agreement. § 8.7.1 The receiving party may disclose “confidential”or “business proprietary”information after 7 days’notice to the other party,when required by law,arbitrator’s order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors to perform services or Work solely and exclusively for the Project,provided those employees,consultants,and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 8.7. § 8.8 The invalidity of any provision of this Agreement shall not invalidate this Agreement or its remaining provisions.If it is determined that any provision of this Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case this Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties’intentions and purposes in executing this Agreement. § 8.9 Where one party is required to notify or give notice to the other party,such notice shall be provided in writing and shall be deemed to have been duly served if delivered in person,by mail,or by courier to the receiving party’s address listed above,or by electronic transmission if a method for electronic transmission is set forth in this Agreement. § 8.10 Unless otherwise agreed upon in writing,the Owner and the Owner’s Representative agree not to directly solicit for employment the employees of the other party who are involved with the Project prior to one year after completion of the Project.However,this Agreement does not restrict employees of either party from responding to publicly advertised positions. ARTICLE 9 COMPENSATION § 9.1 For the Owner’s Representative’s Basic Services described under Article 3,the Owner shall compensate the Owner’s Representative as follows: (Insert amount of,or basis for,compensation,including stipulated sums,hourly or monthly billing rates,direct salary expense plus multiple,or monthly fee.) Pre Construction Phase Services Time and Materials,with rates outlined Exhibit A -the September 22,2025,proposal submitted by Concept One Group.Not to exceed $162,720.00 unless authorized. Reimbursables to be billed at cost plus 10% § 9.2 The hourly billing rates for services of the Owner’s Representative and its consultants and contractors,if Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 20190 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 14 any,are set forth below.The rates shall be adjusted in accordance with the Owner’s Representative’s and its consultants’and contractors’normal review practices. (If applicable,attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate Project Director $235 Senior Project Director $175 Project Manager $150 Assistant Project Manager $115 Project Engineer $85 § 9.3 For Supplemental Services designated in Sections 4.1 the Owner shall compensate the Owner’s Representative as follows: (Insert amount of,or basis for,compensation.If necessary,list specific services to which particular methods of compensation apply.) § 9.4 For Additional Services that may arise during the course of the Project,including those under Section 4.2, the Owner shall compensate the Owner’s Representative as follows: (Insert amount of,or basis for,compensation.) § 9.5 Compensation for Supplemental and Additional Services of the Owner’s Representative’s consultants and contractors when not included in Section 9.3 and 9.4 shall be the amount invoiced to the Owner’s Representative plus Ten percent ( 10 %),or as follows: (Insert amount of,or basis for computing,Owner’s Representative’s consultant's compensation for Supplemental or Additional Services.) § 9.6 Compensation for Reimbursable Expenses § 9.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Owner’s Representative and the Owner’s Representative’s consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Dedicated data and communication services,teleconferences,Project web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Fees paid for testing,surveys or other data obtained at the request of the Owner; .5 Printing,reproductions,plots,standard form documents; .6 Postage,handling,and delivery or other delivery services; .7 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .8 Professional photography and presentation materials requested by the Owner; .9 If required by the Owner,and with the Owner’s prior written approval,the Owner’s Representative’s expenses of liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the consultants of the Owner’s Representative; .10 All taxes levied on reimbursable expenses,except taxes from which the Owner is exempt and appropriate documentation has been provided to the Owner’s Representative; .11 Site office expenses,if authorized in advance by the Owner;and .12 Other similar Project-related expenditures. § 9.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Owner’s Representative and the Owner’s Representative’s consultants plus Ten percent (10 %)of the expenses incurred. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 21191 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 15 § 9.6.3 (Insert the cost for the additional coverages the Owner’s Representative is required to obtain to satisfy the requirements in Section 2.4,and for which the Owner shall reimburse the Owner’s Representative.) § 9.7 Payments to the Owner’s Representative § 9.7.1 An initial payment of Zero ($0 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. § 9.7.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Owner’s Representative’s invoice. § 9.7.3 The Owner shall not withhold amounts from the Owner’s Representative’s compensation to impose a penalty or liquidated damages on the Owner’s Representative,or to offset sums requested by or paid to contractors or other consultants for the cost of changes to the Project,unless the Owner’s Representative agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 9.7.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times for a period of three years after the termination or completion of this Agreement. ARTICLE 10 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Contract shall be issued initially for preconstruction services $162,720,with intent to change order for subsequent future phases of project Future phases of project fee estimates: Construction Phase Estimated Fee Amount -$421,000.00 Warranty Phase Estimated Fee Amount -$65,060 ARTICLE 11 SCOPE OF THIS AGREEMENT § 11.1 This Agreement represents the entire and integrated agreement between the Owner and the Owner’s Representative and supersedes all prior negotiations,representations,or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and the Owner’s Representative. § 11.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C104™–2024,Standard Form of Agreement Between Owner and Owner’s Representative .2 Other documents: (List other documents,if any,including additional scopes of service forming part of this Agreement.) Exhibit A -Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22,2025 Exhibit B -Armory Hall_51685_CMA_RFP,Project 2025-309 This Agreement is entered into as of the day and year first written above. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 22192 AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo, and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 16 /s1/ OWNER (Signature) BY:Pete Strecker -City Manager (Printed name and title) /s2/ OWNER'S REPRESENTATIVE (Signature) BY:Jack Wheeler IV -President (Printed name and title) Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 11/3/2025 | 8:52:24 AM MST 23193 Additions and Deletions Report for AIA®Document C104TM –2024 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note:This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:43:16 MDT on 10/31/2025. Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 1 Changes to original AIA text PAGE 3 Services expected include items identified,but not necessarily limited to,the following: PAGE 4 Team Meetings.Familiarize oneself with current plans and progress of the project,attend regular bi-weekly project meetings.Potentially organize future regular or as needed meetings based on need.Any meetings organized by CMa requires CMa to document meeting notes in detail,distribute notes/tasks lists and save files in a project folder for future turnover to the City upon completion.Meet with City Historic Preservation staff and monitor as needed and required by the land use approval documents. Compliance Review.Help to verify that City referral department requirements are being met with the progression of Construction Document (CD)set.Verify that referral agency comments are incorporated int the CD set,as well as any available entitlements requirements such as the land use approval ordinance. Document any possible compliance concerns,work with team to remediate as needed to maintain compliance. Review the requirements to consult with Historic Preservation staff and monitor set forth in the land use approval documents,representations made concerning historic preservation before City Council,and ensure these requirements are met and that HP staff and monitor are consulted when required. Constructability Review.The CMa should perform an additional review of the project designs to this point from the point of view of building feasibility and efficiency.Document any possible concerns or opportunities and work with the team as needed to remediate or improve.Although code compliance is the architect’s responsibility,seek to ensure that no code requirements or historic preservation requirements have been overlooked in the plans and seek to remediate if necessary. Budget Review.The estimator has created a construction budget based on the 100%Schematic Design package and is currently refining the budget based upon the 100%Design Development package.Aid preconstruction consultation and estimating effort with estimator and design team. Project Schedule and Refinement.Work with the architect and estimator to develop owner’s detailed project schedule.Review the project schedule and consider the local process,resources and building environment. Identify and document inconsistencies,concerns,or otherwise unrealistic assumptions in the project schedule. Work with the team,including the architect and estimator,as needed to refine the project schedule to be as realistic as possible for the current stage of development. Building Permit.Work with the team on assembly of building permit application documents and ensure that the building permit application process is completed successfully including any necessary follow-up items Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 24194 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 2 which must be submitted.Work with the team to track and document the process throughout the iterative re- submittal process of permit review.Follow up and guide solutions for any design issues encountered during the process including organizing any agency review meetings if needed.Drive completion of the permit process by shoring up any loose ends and ensuring that the building permit is procured as soon as feasibly possible. Construction Management Services GC Contract Administration.Act as the Owner’s agent for administration of the GC contract.Overall facilitation,coordination,organization and direction of the team including document control and management.Communicate,track and organize all elements of a typical AIA GC engagement including,but not necessarily limited to,progress tracking,schedule management,payment applications,submittals,RFIs, PCOs/COs/CCDs and so on.Facilitate problem solving and associated documentation among the project team to remediate open issues or challenges related to scope,constructability,design,etc.Understand the owner’s rights and contingencies in the contract,recommend actions or alternatives as needed,and execute such actions when directed. Weekly OAC Meetings.Attend weekly OAC meetings.Continue as needed throughout the duration of the contract. Site Visits.Site visits for on-site construction observation and troubleshooting.Anticipate the number will ramp up and then ramp down throughout the construction timeline dependent on the phase of construction. Agency Engagement.Communication and/or documentation with other agencies and partner entities as needed for project progress.For example,this may entail communication with the architect,GC and the building department over a right of way permit or other necessary administrative coordination to keep the project moving.Other examples of anticipated communications include communicating with local agencies to clarify or verify expectations or existing conditions that influence the project.It may also entail communication with neighboring residents,HOAs or property managers to discuss construction impact remediation.Communicate with Historic Preservation staff and monitor when required by the land use approval documents or building permit requirements.Other such activities are anticipated,and it is expected that there will be some regularity with this type of engagement. PAGE 5 Monthly Pay Application and Progress Summary Report.Prepare monthly package with pay application and progress summary report,including:cover letter summary with recommended actions,acceptable forms included such as AIA,invoices,conditional and unconditional lien waivers,GC pay application including schedule of values and completion to date,and progress summary narrative with observation and photos. Schedule Maintenance.Maintain updated GC schedule and Owner’s budget versus baseline,keep on top of GC change order log,submittal log,rfi log,and help with solutions to issues where needed. Occupancy and Closeout.Oversight and facilitation of GC completion and application for certificates of occupancy.Coordinate punch list process for building interiors,exteriors,site work,landscape,and irrigation system including irrigation water source and testing.Coordinate final inspections and any required paperwork. As-Built Documentation.Manage the production of and organize all as built documentation necessary for submittal to regulatory agencies sufficient to facilitate receipt of certificates of occupancy.Additionally organize as-built documents for owner’s records. Warranty Management Services Warranty Coordination.Warranty timeline is two years.Receive and track the aging and remediation of items for Armory Hall’s interiors,exteriors,site and landscape.Work with GC as needed to coordinate replacement or repairs.Coordinate with operator where necessary and accompany GC as needed for completion.Hours are expected to diminish toward zero over the course of the two-year warranty process. Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 25195 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 3 Manage Post Construction Issues.Follow up and guide remediation of any ongoing design or construction issues remaining including organizing any agency review meetings if needed.Drive completion and ensure that Owner’s responsibilities are fulfilled.Hours are expected to diminish toward zero over the course of the two year warranty process. Additional Services.Identify additional services necessary for fulfillment of General Contractor’s obligations. Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22, 2025 PAGE 6 § 2.4.5 Employers’Liability6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1,000,000.00 )each accident,per claim and Two Million Dollars ($2,000,000.00 )each employee,and ($)policy limit.in the aggregate. § 2.4.7 Additional Insured Obligations. 2.4.7.1-The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds.Every policy required above shall be primary insurance,and any insurance carried by the City,its officers or employees,or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Owner’s Representative.No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations.The Owner’s Representative shall be solely responsible for any deductible losses under any policy required above. § 2.4.6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than ($)per claim and ($)in the aggregate.7.2-The certificate of insurance provided to the City shall be completed by the Owner’s Representative's insurance agent as evidence that policies providing the required coverages,conditions,and minimum limits are in full force and effect,and shall be reviewed and approved by the City prior to commencement of the contract.No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled,terminated or materially changed until at least thirty (30)days prior written notice has been given to the City. PAGE 7 § 2.4.7 Additional Insured Obligations.To the fullest extent permitted by law,.3-Failure on the part of the Owner’s Representative shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Owner’s Representative’s negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations.to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract,or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by City shall be repaid by Owner’s Representative to City upon demand,or City may offset the cost of the premiums against monies due to Owner’s Representative from City. 2.4.7.4-City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 2.6.7.5-The parties hereto understand and agree that City is relying on,and does not waive or intend to waive by any provision of this contract,the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence)or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,Section 24-10-101 et seq.,C.R.S.,as from time to time amended,or otherwise available to City,its officers, Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 26196 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 4 or its employees. § 2.4.8 The Owner’s Representative shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.47.6-City's Insurance.The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA)and as such participates in the CIRSA Property/Casualty Pool.Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Owner’s Representative for inspection during normal business hours.City makes no representations whatsoever with respect to specific coverages offered by CIRSA.City shall provide Owner’s Representative reasonable notice of any changes in its membership or participation in CIRSA. PAGE 8 § 3.1.10 The Owner’s Representative shall attend design,construction,and other meetings related to the Project. There is no limit to the Owner’s Representative’s virtual meeting attendance.The Owner’s Representative shall attend ()a minimum of 1 weekly in-person design,construction,and other meetings related to the Project.In- person meetings in excess of the limit stated in this Section shall be attended and compensated as Additional Services.When the in-person meeting limit is reached,the Owner’s Representative shall notify the Owner.during the construction phase.In addition the Owner’s Representative shall coordinate with Historic Preservation staff as needed and attend any meetings with the HP staff and monitor,including facilitating approval of any change in the design by HP staff and monitor. § 3.3.2 The Owner’s Representative shall consult with the Owner and Architect in soliciting and reviewing proposed contractors for the Project and shall assist the Owner in selecting contractors for the Project.The Owner’s Representative shall review Shaw Constructions GMP and GMP development. PAGE 10 § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required to assist the Owner with the Project.The Owner’s Representative shall provide the listed Supplemental Services only if specifically designated in the table below as the Owner’s Representative’s responsibility,and the Owner shall compensate the Owner’s Representative as provided in Section 9.3.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Owner’s Representative is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Owner’s Representative’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Owner’s Representative or the Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s Representative’s responsibility is provided below: (Describe in detail the Owner’s Representative’s Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit,identify the exhibit.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit, identify the exhibit.) § 4.2.3 If the services covered by this Agreement have not been completed within ()months of the date of this Agreement through no fault of the Owner’s Representative,an extension of the Owner’s Representative’s services beyond that time shall be compensated as Additional Services pursuant to Section 9.4. PAGE 11 § 6.2.2 The Owner and the Owner’s Representative shall endeavor to resolve claims,disputes,and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 27197 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 5 Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this Section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 6.2.3 The parties shall share the mediator’s fee and any filing fees equally.Unless another location is mutually agreed upon,the mediation shall be held in the place where the Project is locatedAspen,Colorado..Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. PAGE 12 [X ] Litigation in a court of competent jurisdictionDistrict Court,Pitkin County,State of Colorado § 6.3 Arbitration § 6.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute,or other matter in question arising out of or related to this Agreement subject to,but not resolved by,mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all claims,disputes,or other matters then known to that party on which arbitration is permitted to be demanded. § 6.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute,or other matter in question. § 6.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 6.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 6.3.4 Consolidation or Joinder § 6.3.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 6.3.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute,or other matter in question not described in the written consent. § 6.3.4.3 The Owner and the Owner’s Representative grant to any person or entity made a party to an arbitration conducted under this Section,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and the Owner’s Representative under this Agreement. § 6.4 The provisions of this Article 6 shall survive the termination of this Agreement. PAGE 13 § 7.7 In addition to any amounts paid under Section 7.6,if the Owner terminates this Agreement for its convenience,or the Owner’s Representative terminates this Agreement pursuant to Section 7.3,the Owner shall Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 28198 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 6 pay to the Owner’s Representative the following fee.Termination expenses do not include an amount for the Owner’s Representative’s anticipated profit on the value of the services performed under this Agreement. § 7.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. § 8.1 This Agreement shall be governed by the law of the place where the Project is located,except that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 6.3State of Colorado.. PAGE 14 Employee or Category Rate Project Director $235 Senior Project Director $175 Project Manager $150 Assistant Project Manager $115 Project Engineer $85 PAGE 15 § 9.6.3 If the types and limits of coverage required in Section 2.4 are in addition to the types and limits the Owner’s Representative normally maintains,the Owner shall pay the Owner’s Representative for the additional costs incurred by the Owner’s Representative for the additional coverages as set forth below: § 9.7.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Owner’s Representative’s invoice.Amounts unpaid () days after the invoice date shall bear interest at the rate entered below,or in the absence thereof,at the legal rate prevailing from time to time at the principal place of business of the Owner’s Representative. (Insert rate of monthly or annual interest.) % PAGE 16 Exhibit A -Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22,2025 Exhibit B -Armory Hall_51685_CMA_RFP,Project 2025-309 Variable Information PAGE 1 AGREEMENT made as of the Twenty-fourth day of October in the year Two Thousand Twenty-Five City of Aspen 427 Rio Grande Pl Aspen,CO 81611 Concept One Group Inc. 183 North 12th St Carbondale,CO 81623 Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 29199 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 7 970-456-6470 Armory Hall Adaptive Reuse and Conner Park Improvements 130 S.Galena Street Aspen,CO 81611 PAGE 2 Adaptive reuse of Armory Hall to include community gathering spaces,a food hall with five kitchens,a potential retail or grab and go component,and a visitor center. Conner Memorial Park improvements include a gathering plaza,new seating,walkways,multi-modal parking and landscape plantings. Armory Hall was constructed in 1892,located at 130 S.Galena Street and is a local and national historically designated building.Conner Memorial Park is a pocket park adjacent to Armory Hall. Not applicable at the time of contract execution. Not applicable at the time of contract execution. PAGE 3 Shaw Construction is currently engaged under a Preconstruction Services Agreement with the City of Aspen. Upon completion and acceptance of the Guaranteed Maximum Price (GMP),it is the City’s intent to enter into a Construction Contract with Shaw Construction based on the negotiated GMP. Not applicable at the time of contract execution. June/July 2026 Closeout anticipated 25 months after start. N/A General Contractor Shaw Construction,LLC 760 Horizon Drive #201 Grand Junction,CO 81506 Architect CCY Architects 228 Midland Ave. Basalt,CO 81621 Preconstruction services PAGE 6 § 2.4.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2,000,000.00 )for each occurrence and Three Million Dollars ($3,000,000.00 )in the aggregate for Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 30200 Additions and Deletions Report for AIA Document C104 –2024.Copyright ©2024.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 8 bodily injury and property damage. § 2.4.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Owner’s Representative with policy limits of not less than One Million Dollars ($1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance,and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.4.5 Employers’Liability6 Professional Liability covering negligent acts,errors,and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1,000,000.00 )each accident,per claim and Two Million Dollars ($2,000,000.00 )each employee,and ($)policy limit.in the aggregate. PAGE 12 [X ] Litigation in a court of competent jurisdictionDistrict Court,Pitkin County,State of Colorado PAGE 14 Pre Construction Phase Services Time and Materials,with rates outlined Exhibit A -the September 22,2025,proposal submitted by Concept One Group.Not to exceed $162,720.00 unless authorized. Reimbursables to be billed at cost plus 10% PAGE 15 § 9.5 Compensation for Supplemental and Additional Services of the Owner’s Representative’s consultants and contractors when not included in Section 9.3 and 9.4 shall be the amount invoiced to the Owner’s Representative plus Ten percent ( 10 %),or as follows: § 9.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Owner’s Representative and the Owner’s Representative’s consultants plus Ten percent (10 %)of the expenses incurred. § 9.7.1 An initial payment of Zero ($0 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. PAGE 16 Contract shall be issued initially for preconstruction services $162,720,with intent to change order for subsequent future phases of project Future phases of project fee estimates: Construction Phase Estimated Fee Amount -$421,000.00 Warranty Phase Estimated Fee Amount -$65,060 Exhibit A -Concept One Group response to City of Aspen Project 2025 –309 Request for Proposals,dated September 22,2025 Exhibit B -Armory Hall_51685_CMA_RFP,Project 2025-309 Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 31201 AIA Document D401 –2003.Copyright ©1992 and 2003.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 14:43:16 MDT on 10/31/2025 under Order No.20250156399 which expires on 08/21/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68fbf653e72a53514db0664e) 1 Certification of Document's Authenticity AIA®Document D401™–2003 I,Benjamin Levenson,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:43:16 MDT on 10/31/2025 under Order No.20250156399 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document C104TM - 2024,Standard Form of Agreement Between Owner and Owner's Representative,other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Docusign Envelope ID: 530824BB-377F-4386-8A3D-E1545B7ACC6A 32202