The URL can be used to link to this page

Home My WebLink AboutLand Use Case.315 E Dean St.0070.2015.ASLU0070.2015.ASLU 315 E DEAN ST VERIZON WIRELESS - ROOFTOP TELECOM FACILITIES 2737-182-85-033 9 61 4 fu J LI // Co â‚¬nic<edi 1 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0070. 2015.ASLU PARCEL ID NUMBERS 2737 182 85 033 PROJECT ADDRESS 315 E DEAN ST PLANNER SARA NADOLNY CASE DESCRIPTION WIRELESS COMMUNICATION REPRESENTATIVE BRADJOHNSON DATE OF FINAL ACTION 08/12/2015 CLOSED BY ANGELA SCOREY ON: 12/13/2015 0070.2015.ASLU 2737-182-85-033 rl,=Eli.-2 DIe Edit Record Navigate Firm Reports Format Iab Help @ @ 00< ./ 4.0. 3 16 â‚¬ 2.3 2~ e- . i 11 1 :> 71 E *@ Qi lump l ** - 4* 1 0 I 63 41 2 13 3 .a o.:.36[212 44@~ 9 - ~| Main ~ Custom Fields | Routing Status ~ Actions ~ Routing Mistorg ~ Fee Summan! Permit type aslu . Aspen Land Use Permit It 0070.2015.ASLU Address 315 E DEAN ST L] Apt/Suite Citv ASPEN State CO~~7 Zip 81611 Permit Information Master permit [3 Routing queue aslul 5 Applied 07/24/2015 - Project 3 Status pending Approved Â¥ Description VERIZON ANTENNA UPDGRADE - 315 E DEAN ST [ST REGIS] Issued - PARCEL ID 2737-182-85-033 Closed/Final Submitted BRAD JOHNSON - 303-229-4681 Clock Running Days O Expires 07/18/2016 - Submitted via - Owner Last name VERIZON WIRELESS 8 First name 3131 S VAUGHN WAY SUITE 550 Phone {) - Address AURORA CO 80014 Applicant E Owner is applicant? Â® Contractor is applicant? Last name BLACK &VEATCH CORP E] First name BRAD JOHNSON 4600 S SYRACUSE ST 800 ' Phone {303] 229-4681 Cust # 301 47 El Address DENVER CO 80237 Emal JOHNSONBW2@BV.COM Lender AspenGold5 [served rot=tg 1 of 1 1' PAI D $975.00 BRAD JOHNSON - 07/24/2015 BLACK & VEACH CORP RECEIPT #38929 CH ECK #65233375 6. 3 HRS - PLANNING 9,4-PA-12"- HOURLY FEES 6-4 33â‚¬.O D 4\% kiepa r ~\ 12 \ /ft*N~~ 9-2/ 6. Â· 1<A ~ s@loN )10!nul ~ xoqlooll' sdnoig qell j SIB 1 NOTICE OF APPROVAL Wireless telecommunication services facilities and equipment approval for the removal/replacement of twelve (12) existing panel antennas, remove and replace three (3) lines of coax cables, add six (6) new remote radio equipment boxes, and add three (3) new surge suppressors behind the antennas on the roof of 315 E. Dean Street Aspen Residence Club and Hotel Parcel ID No. 273718285033 APPLICANT: Verizon Wireless, represented by Brad Johnson. Black & Veach. Authorization to apply has been granted by Stephanie De Baets, partner and president for 315 East Dean Associates. SUBJECT & SITE OF APPROVAL: 315 E. ... Dean St., involving the approval of Wireless + .2 7- i. 'WS i telecommunication services facilities and W I equipment. This is an administrative review. A Â¥4. '41 '- SUMMARY: I . rhe Applicant has requested approval for the removal and replacement of twelve (12) existing I . UP. panel antennas, remove and replace three (3) lines . of coax cables, add six (6) new remote radio hill equipment boxes, and add three (3) new surge o suppressors behind the antennas located on the roof * - . of 315 E. Dean St. 4 Â¥ .. & 13,"."I/:.,Ji- The equipment will occupy an area of 63 square 43 1 feet. The existing antennas measure approximately - .21 ./ i 48" tall by 11" wide in diameter. The proposed new -t ---- . antennas measure approximately 54" tall by 11" â€¢ - Wipdret 0-Iqi ii". . 4- wide and 51" tall by 6" wide. All new antennas will r be painted brick red to match the existing antennas. im:lialillixm" The new equipment being proposed will go inside the existing rooftop equipment cabinet and therefore will not be visible. Verizon Wireless is also proposing to remove and replace three (3) runs of cabling linking the new panel antennas to the equipment cabinet and will be run adjacent to the existing cabling which also is not visible. Six (6) small Remote Radio Heads (RRH's) or equipment boxes are required at the antennas. This equipment measures 20"xl 1"x7" and will be mounted directly behind the antennas on the rooftop. Three (3) new Open Virtual Platforms (OVP's) or surge suppressors are required at the antennas. The surge suppressors measure approximately 19"x15"x10" and will be mounted directly behind RECEPTION#: 622320. 08/12/2015 at 10:01:58 AM, 1 1 OF 13, R $71.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO the antennas. All the RRH's and OVP's will be painted to match (brick red) and will not stick up ~ above the height o f the antennas. 315 E. Dean Street is a four-story lodge located in the Lodge/Tourist Residential PUD (L/TR PUD) zone district. STAFF EVALUATION: Pursuant to Section 26.575.130. Wireless telecommunications services facilities and equipment must comply with a list of general provisions and review standards. These requirements seek to ensure that the placements of these facilities are compatible with surrounding development. The existing facility has antennas located on a building penthouse rooftop with the equipment also located on it. The antennas rise approximately 8'9" above the parapet wall, which is within the 10' height limit for the antennas. The antennas and screening of the equipment by the parapet wall will be painted to match the building and grouped closely together to reduce the visual impact. All support and/or switching devices are either beneath the parapet wall or stored within the equipment cabinet and will not be visible. No lighting or signage is proposed through this plan. For Staff' s response to the review standards see "Exhibit C." DECISION: Staff finds that the Wireless telecommunication services and equipment application for the removal/replacement of twelve (12) existing panel antennas and remove and replace three (3) lines of coax cables on the roof of 315 E. Dean Street, provided by Verizon Wireless, should be granted. Also granted should be the installation to add six (6) new remote radio equipment boxes and add three (3) new surge suppressors behind the antennas that will be located inside the existing equipment cabinet within the building at 315 E. Dean Street. The location is appropriate for this type of accessory use, and is compatible with surrounding development. APPROVED BY: A VA MAA O 4/\[F U V VUL 4-ur~ Â»~ /1 ,*icg- Chris Bendon Date 6/ Community Development Director Attachments: Exhibit A - Roo f Plan Exhibit B - Elevation Exhibit C - Review Standards 2 Exhibit A Roof Plan C / 1 --4-----~M-----_- , ,r--- Li:nUR EK>Of -Â· Â·Â·2~ 1 / 4-9-=- L \ 1 (11NEW W.â€¢ Cir - - A-h k 6,7 1,97.1 t REMNCANTFUÂ·443 irih '1, i RE /At 11 I IiÂ» i 11 :/' REW:yâ€¢â€¢ APO REPUÂ·CEÂ¢i,ANTEâ€¢.1165!ZE â€¢21 Cg VERNM,4 MICALS!; Â»{TENk,KS Gi ;El tÂ¢NT,IntlftF TO le> COAX *trâ„¢:RTS *99 1 8* 0-x 561'101(T 2.OCKA,Â¥21' 0 1 , AFf,Â¢2 21â€¢1 Â·-F V.=h 9 4. 1, 4 8 ___J---- M NEW 1,Â¢12 lfY-n 0604â€žE Flh)44 WN OVâ€¢ 0% \34 rA. :AW-- 4---- Wi,rÂ·Â·APIT CM #El-70 X *Cren,A,INA, 1 KUOR F, COAX ROUTÂ£ AN ACH TO %7 6(4X jj*49.....4 ,&2 1 9.PK,RTS' I...xâ€¢ ir,â€¢ coâ€¢.K steâ€¢DRT Bulexi i'' Arju,1.Diprn:*200LF i .--~ --992'*f--7--- 4 (2: NIAÂ·i CX12 HYWeD{~BLES *,Â¢00,1 JA,74 7*rie-.- 6 Fol; Fâ€¢MINT CAB,NET 1,5 Â·r A r 51*: f CIR Nt:94 2 Â· ~.~ 1 --- Pt:NTHÂ»JEE 1-*rf]PU1 ---4- 0,Â¥Fi. fa..TZ*,1 Ca<*IZEâ€¢JTE A.r 'ACIâ€¢ 10 11!1 00.1.K !$1 4* TL VÂ«.*2 169 EUAK '9 INOINT ELCO<Â·' RE WAI u LENATH ~ Â·eu: 1 , '1 '1 1 r-' 2 1 4 ~- - Â·Â·bATIC.r. enâ€¢x NOUTE l,1 FACE Or 2 "Ail Arrâ€¢O,NEY#HYBREC:H.â€¢ 12,1-1 14.*El]ST+IGOA#Utimrn:010%.1, EEN;I*IL--Â· ~-__.-__ ,2~, ,4/~ 1 CoA),gurrOR bf â‚¬Â¢49,Â¥!BTRUT WEUNR; FLO:44â‚¬told.Jâ€¢!1, ,' i u f' CO**ANDRFUSE *AP'#4 0Â» KN Â£,RE) 1 ' C,40411 mw m E))GThri crl.Â« 5UPPCATS N $ 1 VALUCM EMBiSECOâ€¢x mor*9 04 gm ; ~~ ,~~~, ' 1 1 1 0 S 11 Di 1 d 2 1,7 1 1 L lit N i 3 ei Â§ 2 I jil # i 1 i. 1 4 1 A,2 0 â€¢totirCN IRELE.36 ~t_#-fÂ»---jj. it EDI..MAT AMhA Oh *00/ EF C O r'21 ' ~ / dISSONFIE~131INOU 40 - Â· f -' 1 ' NIONâ„¢ 1 -ROOF PLAN .A-U'.ReÂ· Â·Â· f 1 1~illi~â€ž,U~ 3 - Exhibit B Elevation 3/112 1 P.virâ€¢.EW U,TE*,44, Gajrl.err TO '.LITCI. EX;5TNG mmlie A WIUmâ€¢*3 HAIRDÂ»AlÂ¥ 2 Mt. 1...5 St'Ad ..2 51*Â«.UNO A T O OW...4 9' ir-,ir//1 ,- m.- AN'04'B OTHERS r .INTNEÂ·w,Â¥R,fl TO Ne. ,#WAR 4 WOU,rt 10 -1 r i,tÂ¥Â«,1 r- 1,/â€¢,TED'N 43â€¢â€¢ . 1 U............ .7. 1 em/lur /HANE X ; UVIBill/#14/#tot 4*2.1 i p /-- (th VEM.ZON .11â‚¬1Â£531 AN,-.4 ,-6 TO ..W-)..../.... 1 -- f,twcyâ€¢r â€¢40 â€¢Fpt..CLE ID: -TE-â€¢9 4' 74Â·4/ i Al/ -Le -__ . 9 tidyJa./.91-_11 -%- 9 t '0.48"ZON 4%~EMS ANrÂ®04tag irn __â„¢, 1 11! 11 FT r'.AO --- - t~ ~Â®~~ 1.Ns'wurrqiâ€¢,E TOE) ANÂ·rE,IMAAIT Irti, v, 411 .M 'Al 1 4 -1,hr' Pipt 4 TO. fornioueEâ€¢AWC Â»AL n 0,11'.1 26 4. h .4 - 11 --N.C..1-,01....V./5 Ir-,Il 9-' 18â€¢1Â·A.OL - %.1 w-- Sal/ER AND DO""IT 1 - F 81*04'~ti Â·. L MMr verfel COM =E ArrAC,1 --- U Ul </ /1'14Â£ CABLES TO Â¢L 'J' Suf./. re....... CsÂ·nre /J,re,tT 5,-0//CS R M .%/--- PIN-7/*0/IOND m. Aoy eaM 1 - NORTHEAST ELEVATION -AT ROOF LINE 4 8:;1:L Exhibit C Review Standards 26.575.130 (F) Review standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; ifthe following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building). Flat-roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal LIVAC equipment. Pitched-roof-mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. Response: The proposal involves twelve (12) antennas that will be mounted to the roof of the buildings. The antennas will be located towards the rear of the structure and will be concealed to the extent possible by the building's parapet. The antennas will be painted red brick to match the existing antennas and to camouflage their presence. Staff finds this criterion to be met. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole. Response: The Applicant is not proposing the installation of any monopole towers with this application. Staff finds this criterion to be not-applicable. c. No wireless communication facility may be established within one-hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. Response: The Applicant is proposing wireless communication equipment that will be located in the existing equipment cabinet. Staff finds this criterion to be met. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area. but may be attached to the building. 5 Response: The proposed antennas and equipment will not extend beyond the property lines or into any front yard area. Staff finds this criterion to be met. 2. Height. The following restrictions shall apply: a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. Response: The proposed wireless equipment that is not attached to the roof will be located in the existing equipment cabinet which does not exceed thirty-five (35) feet in height. Staff finds this criterion to be met. b. Whenever a wireless telecommunication services antenna is attached to a building roof. the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. Response: The proposed panel antennas do not exceed 5' above the highest portion of the roof. The proposed wireless omni-whip antennas will be attached to the roof and not exceed the 10' of allowable heights, as measured above the parapet wall. Staff finds this criterion to be met. c. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camoutlaged, in which case an administrative approval may be granted. Response: The Applicant is not requesting approval of any antenna that is taller than stipulated in b, above. Staff finds this criterion to be not-applicable. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). Response: The Applicant is not requesting approval of any antenna that is taller than stipulated in b, above. Staff finds this criterion to be not-applicable. e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. Response: The equipment being proposed will be located inside the existing equipment cabinet on the roof. This existing cabinet meets "Screening" standards. Staff finds this criterion to be met. 6 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. Response: The proposed equipment is not accessory to any existing use. The antennas will be free-standing and secured to the roof with non-penetrating mounts. Staff finds this criterion to be not-applicable. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision-making authority (Community Development Director. Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Response: The proposed antennas and rooftop equipment will be painted brick red to match the existing wireless equipment and color of the structure, which was a requirement of the original approval. Staff finds this criterion to be met. c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Response: The antennas are not proposed to be mounted to the walls. Staff finds this criterion to be met. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole. must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. Response: The Applicant is not proposing any monopole support buildings with this application. Staff finds this criterion to be not-applicable. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). Response: The Applicant is not proposing any wireless communication facilities or equipment underground. Staff finds this criterion to be not-applicable. 7 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. 1n addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. Response: The wireless equipment is proposed to be located on a building within Aspen's downtown area and not near a mountain ridge. Staff finds this criterion to be not-applicable. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. Response: The proposed antennas will be located on a roof top where there is no existing vegetation. Staff finds this criterion to be met. c. Surrounding view planes shall be preserved to the extent possible. Response: The antennas will not interfere with any existing view planes. Staff finds this criterion to be met. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. Response: All wireless telecommunication services facilities and equipment are in compliance with the FCC's regulations, per a letter from David Kennard, Senior RF Engineer for Verizon Wireless/Mountain Region, dated November 13, 2013 (found in Exhibit C, Application). Staff finds this criterion to be met. 5. Screening. Roof-and-ground-mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adj acent and nearby public rights-of-way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible. if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of colors 8 and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Response: The Applicant is not proposing any monopole antennas with this current application. Staff finds this criterion to be not-applicable. b. For ground-mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. Response: The Applicant is not proposing any ground-mounted facilities with this application. All proposed cellular equipment will be located on the rooftop the building at 315 E. Dean Street. Staff finds this criterion to be not-applicable. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. Response: All cables proposed with this application will be on the roof and screened by the rooftop parapet of the building. Staff finds this criterion to be met. d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. Response: No fencing material is proposed in this application. Staff finds this criterion to be met. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. 9 Response: Staff finds no need for additional measures to mitigate the visual impact of the facility. Staff finds this criterion to be not-applicable. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down-directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. Response: The Applicant is not proposing any security lighting with this application. Staff finds this criterion to be not-applicable. b. Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade. Response: The Applicant is not proposing any security lighting with this application. Staff finds this criterion to be not-applicable. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. Response: The Applicant is not proposing any signage or advertising devices as part of this application. Staff finds this criterion to be not applicable. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. Response: The Applicant will post the emergency contact numbers in accordance with the provisions of Chapter 26.510. Staff finds this criterion to be met. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs the intent or functionality of the original design. Response: The wireless antennas are proposed to be located on the roof of 315 Dean Street, therefore avoiding the occurrence of pedestrian/vehicle interface. Staff finds this criterion to be met. 10 b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. Response: Rooftop access is available for necessary maintenance and emergency personnel through the building. Staff finds this criterion to be met. c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. 1-2002 Â§ 18; Ord. No. 52-2003, Â§Â§ 14,15) Response: No easements are required as part of this application. Staff finds this criterion to be not-applicable. 11 verian mreless VERIZON WRELESSSERVIS 3131 S VAUG-1 WAY. SUITE ~60 AURORA co 80014 PROJECT INFORMATION SITENAME C03 ASPEN HIGHLANDS grrE 1,0 263 M E DE* STREET ASPEN. CO/611 AMERICAN TOWER SI'l'E NAME ST. REGIS Â· ASPEN SlmNU.SER 332094 CONSULTANT ~ENT NEW ANTENNAS & EQUIPMENT TO MATCH EXISTING ANTE-AS & MOUNTING H,~RDWARE 2 ALL ITEMS SHOWN AREE EXISTING U NO. $ TO OMNIANTENNA 90 77-10-A G L A .117lt' C.REVIFI 8 00/t// CD-/SION ~ 0-1 INTENNA Err OTHERS . O,4,- RF /~Sloh I MAC*Â»IT NEW IRIS IO NEW ./.IRIS MOL~T TO (UNEWOVPMOUNTEDTONEW --Z UNISTRUT FRAME RE 4,A,21 NEW UNIS.UT ..E UNISTRUT FRN. RE ./ ' . 0./15 RF./.'.01â€¢ . .~ RE 'gl . E 0142/15 .mISION --UDVER,ZONW.&99*mENNAS . 01,1.1. REMOVEANDREPLACE')ANTENNAS 4 T.0 NEWVERIZON.....mEN.I --1 RE. A2.t CAN'u'NENTS 'P 74~*A.GL -H~ 2--U - A t NEW VERIZON ~RELESS ANnE-S % 72-0. AG L MOUNT NEN F'/00 UNISâ„¢UT FRAME TO(EE) 1 1 UÂ·BOLTS ,h T.0 PENâ„¢OUSE PAIUPET ll - FACE MOUNTED ANTENNAS (TYP) 8. RE 46~2.1 p 07Â·1Â·AG.L V--7- V -ROOF'*i'OND 1 __----- SC..ER AND DOWNSPOUT = ri - 7 9 .EN':mil. fRnOLC~UROUTEAUACH - 1/ (2) NEW HYBRID CABLES TO (E) COAX SUPPORTS W,VALMON+ CBX15,9 SUPPORT .LOCKS OR SIM -PARAPET-E BEYOND 5935 SOUâ„¢ZANGSTREET. SUI~200 LITTLETON. COLORADO 80127 OFFICE 303 932.9974 i - i INROOFBELOW IR ELEVATIONS Ii - A3.0 1-NORTHEAST ELEVATION - AT ROOF LINE SCUE: 10' â€¢ ,Â·Â·0' I '3=1--1 51Â£*BrEVE 1 1 SHELTERTIANCT. 1| L. 1 9-1[-2-1 8Â«3 9 - . 01"Ps Co-EcnON i verian wireless VERIZON.....SEFMCES 1 1 Ha gi 1.0. . ~~~~~////8//~~1 --4/111 3131 S VAUG- WAY. SUITE 550 i ..1 % 1 '- t : Efi . jo,0 AUDOÂ« cO 00014 I PROJECT INFORMATION 1 R SITE NAME ~.n. 1\ .-11 /.for- CO3 ASPEN HIGHLANDS 1-NOVPOI ./.VP' I I Z-or- ......~Ell'WA .i~ cid' ~ 2j1*<*twe SITE 1.0 | SHELTER | 1 SHELTER i 263 1 4 (LOW) 1 (HIGH) L J 315 E OEIN Sâ„¢EET ASPEN COS1611 1 SIELTER - 1 AMERICAN TOWER 912 | _ SCE IME MYSK Cial (2) 1 58~ COAX ST. REGIS - ASPEN SITE NIFIER PCS 332094 6*12 {1)1,2-RET---- CONSULTANT H.R..'ll ./.I -L= 14) 1/7 COAX AWS 8 - 12,1,/W 0 1*1 I -149/*15///rÂ·~ L.TE ARH W . I i ner,mi CÂ©Re.I UPI L_-__I (1)RETCASLE â€¢ .-Il, CU./.CÂ»I :, . op. - C 01'2.144 . ~r~'ION 1 ., OF'L {2,15,8'COAX . 01........... ASS 1 01'12'6 ly RE*SIN .. d d BEBE 1 Z Z / .W. ....LO-ENTS .ss 0 01./. CLI. C.I.Q'T' R.. LOWER ROOF 2 l Reg....,Mvp 4 : (2)158Â·COAX PCS . mo~ZI= BE}Â«NO ANT....AS REE/*10&4/A21 . 0)1.... 0 Ul q 1 NEW 1,1 CABLES FROM UUM OVP O Y SECTOR (12)VER,ZONMRELESSANTENNASONIE}PENTHOUSE. . : .J 11 ,.. 1 -1'.Ji|-ili~KE-1 ...RRH, AWS Z SECTOR RRH, FOLLOWIE) COAX ROUTE ATTACH REMOVEN. REPLACE.ANTENNLASRE!*21 . L___,-.1 (~1 RET CABLE TO (E] COAX SUPPORTS nÂ¥C)0 158 Coâ€¢.Â¢ SUFFORT , I .4 - BLOCKS -2.0 i APPROX MOLF . . MEW=12*ROCA--EFROMMAINCM'e (2) I. OAX * EQUA,ENT CABINET TO X SECTOR MA~OVP ' 1X, FOUOW (E) COAX ROLIrE ATTACH TO (E) COAX HYaADCABLE 1.,C-,1,1 750 > - m..... SUPPORTS......CON......OCKS / RE-2.1 I APPROX 200 L F CABLE TRAI .- {2) 1 W COAX - - 850 {2) NEW OX,2,O~RID C,aLES FROM MAN OVP.O F--1 11 â€¢e:EN,0. - - EQUIPMENT CAB,ET TO V, r SECTOR MAIN Peaâ€žglmE C}VPs. FOLLOW (E~ COU ROUTE ATTACH TO fEE, COAXSUPPOIn-SÂ¥60(8158 COAXSUPPORT . 1 58Â· COKX BLOCKSRE 21/!.0 1 17 LENOTH- 1804 PCS ~RTC~COUROUTEUPFACEOF CABLE 1-= COAX SLPPORTS â„¢P %1,1 - 6.-l W~LL AnACH NEW MnaleD CABLE TO (E) 124) EXISTING COAX MOUNTED TO SCREBI WALL 1X1 (4) 1.-COAX ON UNISTRUT MO,-TS REMOVE 0, RUNS OF a:{.:11 ...lim 9 I./.CABLE 62- - 5 CABLE MOUNTTOEJOSTâ„¢GCOAKSUM'ORTS~.4 5935 SOUTH ZANG STREET SUITE 200 COAX ANDREPLACE W' m RUNS O. 6*12.... 11}RETCABLE .......158 COAX CLOCKS OR I. LI/n ETON. COLOR.0 80127 1 -IN./ 1 - f ' ' OFFICE 303.932.9074 (LOW) 21 10' COAX I ix, | LIE IIi 7. ...DCABLE - ARETCABLE (2) 1 5/ COAX 850 INWEr./. RRH INFORMATION / ..VP'.SECTOR 1*1 HYBRI ./ RRH NFOINATION / 1 I. } ROOF PLAN SECTOR NOTES .TY LENGTH CIY QTY QTY orr or, (Aws) PCs) .50) (850) / * VEIZON WRELESS L X ./UNT "-4 OVP' m 124 8 11) m (11 -A EoualENTAREAINROOF v FRA.6~ RE 4/A2' FEA20 \ - TOUNTS,NUT ~EMS SHOWN ARE EnSTWG UN O 12. 0 111 - m WA .%----.I Z Fl'A WA 30-cr (21 (1) NVA 11) WA Al.0 2 - HYBRID CABLE CHART AND DIAGRAM 1 - ROOF PLAN XSLF PLOTTED * 20 2016 AT 221:n *i CE~! BLACK & VEA. ~H i-/ Building a world of differencet May 26, 2015 f*b Ek Via 946,(0,441 RECEIVED Attn: Sara Nadolny City of Aspen Community Development Dept. JUN 0 3 2015 130 S. Galena, CITY OF ASPEN Aspen, CO 81611 COMMUNITY DEVELOPMEN1 RE: Wireless Telecom Application Site Address: 315 E. Dean Street, Aspen, CO Parcel #: 273718285033 Verizon Wireless Site Name: CO3 Aspen Highlands (AWS) Dear Sara, I am writing to you on behalf of Verizon Wireless which has a wireless communications facility located on or within the Property at the above referenced location. Verizon Wireless would like to modify its antennas on the existing site and enclosed 2 copies of the necessary application and submittal requirements per a pre-application meeting held on 10/17/13. I have enclosed the following: 1. Land Use Application 2. Dimensional Requirements Form 3. Agreement for Payment Form 4. Check for $975.00 5. Notarized Letter of Authorization 6. Pre-Application Meeting Summary 7. Assessor's Property Detail 8. Current O&E Report 9. Detailed Project Narrative 10. Vicinity Map 11. Photo Simulation 12. Drawings with Elevations Please let me know if you need anything else in order to process this application. I can be reached at 303-229-4681 or via email at JohnsonBW2@BV.com. Sincerely, t/lAL- Brad Johnson Senior Site Acquisition & Zoning Manager Black and Veatch Corporation Consultant to Verizon Wireless Site Name: CO3 Aspen Highlands (AWS) Page 1 of 1 /:PR CITY OF AsPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET T}1Â£ C~nwAsi'Ex Attached is an Application for review ofDevelopment that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix ofLand Use Application Requirements/Submittal Requirements Key 5. General Summary ofYour Application Process 6. Public Hearing Notice Requirements 7. Affidavit ofNotice All applications are reviewed based on the criteria established in Title 26 ofthe Aspen Municipal Code. Title 26 ofthe Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review ofthese materials does not substitute for a complete review ofthe Aspen Land Use Regulations. While this application package attempts to summarize the key provisions ofthe Code as they apply to your type ofdevelopment, it cannot possibly replicate the detail or the scope ofthe Code. Ifyou have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections ofthe Aspen Land Use Regulations. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City ofAspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City ofAspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no ease will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Verizon Wireless (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for modifications to an existing wireless telecommunication service facility (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 975.00 which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Â»E- 9-3- A A I- Chris Bendon 1/ 1 Community Development Director Date: 1-Ill-1 Billing Address and Telephone Number: Brad Johnson, consultant Black & Veatch Corp. 4600 S. Syracuse St., Suite 800 Denver, CO 80237 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Verizon Wireless - CO3 Aspen Highlands (AWS) 315 E. Dean Street, Aspen, CO 81611 (St. Regis Hotel) Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718285033 / Aspen Residence Club & Hotel APPLICANT: Verizon Wireless Name: Address: 3131 S. Vaughn Way, Suite 550, Aurora, CO 80014 Phone #: REPRESENTATIVE: Name: Brad Johnson for Black & Veatch Corp. & Verizon Wireless 4600 S. Syracuse Street, Suite 800, Denver, CO 80237 Address: 303-229-4681 / JohnsonBW2@BV.com Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption El Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision ~ Conceptual SPA ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ~1 Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion E Residential Design Variance U Lot Line Adjustment N1 Other: Wireless Telecom U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) St. Regis Hotel and Rooftop Wireless Telecom Facilities PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Remove & replace nine ly) panel antennas Venzon Wireless has located on the building rooftop, remove & replace three (3) lines of coax cables, add six (6) new remote radio equipment boxes and add three (3) new surge supressors behind antennas. Have you attached the following? FEES DUE: $ 975.00 ~ Pre-Application Conference Summary 99 Attachment # 1, Signed Fee Agreement M Response to Attachment #3, Dimensional Requirements Form Kl Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy ofall written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate ifyou must submit a 3-D model. El El El El ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Verizon Wireless - CO3 Aspen Highlands (AWS) Applicant: Verizon Wireless Location: 315 E. Dean Street, Aspen, CO 81611 (St. Regis Hotel) Zone District: Lodge / Tourist Residential PUD (L/TR PUD) Lot Size: 121,626 sq. ft. Lot Area: 121,626 sq. ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: NIA Proposed: No Change Number ofresidential units: Existing: NIA Proposed: No Change Number o f bedrooms: Existing: N/A Proposed: No Change Proposed % ofdemolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: Allowable: Proposed: No Change Principal bldg. height: Existing: 6901" Allowable: 69'-1" Proposed: No Change Access. bldg. height: Existing: 77' Allowable: 78' Proposed. No Change On-Site parking: Existing: Required: Proposed: No Change % Site coverage: Exist ing Required: Proposed: No Change % Open Space: Existing: Required: Proposed: No Change Front Setback: Existing: Required: Proposed:No Change Rear Setback: Existing: Required: Proposed: No Change Combined F/R: Existing: Required: Proposed: No Change Side Setback: Existing: Required: Proposed.- No Change Side Setback: Existing: Required: Proposed: No Change Combined Sides: Existing: Required: Proposed:No Change Distance Between Existing Required: Proposed: No Change Buildings Existing non-conformities or encroachments: None None Variations requested: ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P& Z 10 8040 GREENLINE EXEMPTION 1-7,8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7, 8, 10,11, 12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7,13,14,35 P& Z 10 MOUNTAIN VIEW PLANE 1-7,15, 16,35 P& Z 10 CONDITIONAL USE 1-7,9,17 P& Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. depend P& Z 10 on nature of the Special Review Request. SUBDIVISION 1-7,18,19,20,21,35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7,18,19,20,21,35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7,22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7,23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P & Z OR DRAC 10 VARIANCE GMQS EXEMPTION* 1-7, Additional Submission Reg. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32, 33, 35 CONCEPTUAL- P & Z, AND CC 20 for P&Z and CC (Submit FINAL -P&Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P & Z, AND CC 20 PUD AMENDMENT 1-7 ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P (BASED ON AMENDMENT TYPE) & Z and CC SPECIALLY PLANNED AREA 1-7,35 CONCEPTUAL -P&Z, AND CC 20 for P&Z and CC (Submit (SPA) FINAL- P & Z, AND CC Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN., OR P&Z AND CC 2 for Admin., 20 for P&Z and CC (BASED ON SIGNIFICANCE OF AMENDMENT) TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON 2 for Admin., 10 for City Council DURATION TIME) ACCESSORY DWELLING UNIT 1-7,9 ADMIN OR P &Z(BASED ON IF 2 for Administrative Review THE PROPOSAL MEETS REVIEW STANDARDS) REZONING 1-7 P & Z AND CC 20 DIMENSIONAL REQUIREMENTS 1-7,34 BOARD OF ADJUSTMENT 9 VARIANCE * Consult with a Planner about submittal requirements. ** A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference. ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1 Land Use Application with 12. Accurate elevations (in relation to system in the area of the proposed Applicant' s name, address and telephone mean sea level) of the lowest floor, subdivision. The contents of the plat shall number, contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures: a whether the proposed subdivision will and telephone number of the verification and recordation ofthe actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant which any structure is constructed. a Subdivision GIS Data. demonstration that all new construction or 2 The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved; a demonstration 3. A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the parcel on which development is proposed floor, including basement. elevated to at terms of this chapter, and confonns to the to occur, consisting ofa current certificate least two (2) feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado, listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, easements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty (50) percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. for the Development Appl ication. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment. 4. An 8 1/2" x 11" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die, 24. Site Plan or plans drawn to a scale of Aspen. one (1") inch equals ten (10') feet or one 14, Site sections drawn by a registered (1") inch equals twenty (20') feet, 5. A site improvement survey including arch itect, landscape architect, or including before and "after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certifi ed by a existing and proposed site elements, the antennas, support structures, transmission registered land surveyor, licensed in the top of slope, and pertinent elevations buildings and/or other accessory uses, State of Colorado. (This requirement, or above sea level, access, parking, fences, signs, lighting, any part thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations ofthe uses within one-hundred fifty (150') feet. the project is determined not to warrant a development, including any rooftop Such plans and drawings should survey document.) equipment and how it will be screened. demonstrate compliance with the Review Standards ofthis Section. 6. A site plan depicting the proposed 16. Proposed elevations ofthe layout and the project's physical development, including any rooftop 25. FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 7 A written description of the existing and proposed features which are Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26 Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision. all 8 Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours, with five-foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten (10) percent, landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference 9. Proposed elevations ofthe development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10 A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 28. Neighborhood block plan at 11 A Plan with the 100-year floodplain be drawn at a scale of one (1) equals one 1'Â°=50' (available from City Engineering line and the high water line. hundred (100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet- Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story Conly one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29 Roof P]an. maximum, and average illumination. Additionally, provide comparable 30 Photographic panorama Show examples already in the community that elevations ofall buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level ifthey exist. the subject property. Label photos and mount on a presentation board 3 1 A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin ofone and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32 A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33 An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description ofthe variance being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number ofcopies ofthe complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose ofthe completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply ifthe application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected i f due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting ofthe property, and mailing to surrounding landowners. Following is a summary ofthe notice requirements, including identification ofwho is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proofto the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners ofproperty within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200- STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City ofAspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproofmaterials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records ofPitkin County as they appeared no more than sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision ofthis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal ofthis Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing ofnames and addresses of owners ofreal property in the area ofthe proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10/17/13 PROJECT: Verizon Antenna Upgrade at 315 S. Dean St (St. Regis) REPRESENTATIVE: Brad Johnson, 303.229.4681 TYPE OF APPLICATION: Wireless Telecommunication Services Facilities and Equipment DESCRIPTION: The applicant is looking for approval to update the existing cellular antennas on the roof of the building at 315 E. Dean St, the site of the St. Regis Residence Club and Hotel Condominiums. This building is located in the City's Lodge (L) zone district. The purpose of the update is to increase the LTE/4G coverage to the City of Aspen. The applicant has indicated that update will include the removal of the existing panel style antennas and their replacement with new panel antennas of a similar size and shape, equipment next to their existing equipment located below the parapet of the hotel rooftop, the addition of three small equipment boxes at the antennas, and the addition of one new cable. The potential applicant has indicated that the new antennas will not be mounted any higher than the existing antennas. The potential applicant will be required to show in the submittal how these antennas meet the height requirement per the Land Use Code. Staff expects this will be an administrative review process. No public notice is required. Along with the Land Use application, you will need to answer the criterion found in Section 26.575.130.A.1-5 of the Land Use Code. Below is a link to the Land Use application Form for your convenience. http:Uwww.aspenpitkin.com/Portals/0/docs/C itv/Comdev/Apps%20and %20 Fees/2013%20Ia nd %20us e%20app%20form.pdf Below is a link to the Land Use Code for your convenience: http://www. aspenpitkin. com/Depa rtments/Comm u n ity-Development/Planninq-a nd-Zon i nq/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.575.130 Wireless telecommunications services facilities and equipment (Respond to how you will meet the criteria of statements 1-5) Review by: Community Development Staff Public Hearing: Not required Planning Fees: Administrative Review: $975 for Community Development Administrative review. This includes three (3) hours of staff time. Additional staff hours, if needed, will be billed at $325 per hour. Total Deposit (P&Z): $975 Total Number of Application Copies: 2 - To apply, submit the following information K-1 Total Deposit for review of application. 1-79/Pre-application Conference Summary. 97--Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. If the applicant is not the property owner, a signed notarized letter from the property owner must be provided. ~El' Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. If the property is condominiumized a letter from the HOA is required. [>â‚¬ A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. ~[Completed Land Use application and signed fee agreement. I~Flin 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. El, A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application (Â§26.575.130 D-F). [>~~Elevation drawings or "before and after" photographs/drawings simulating and specifying the location and height of antennas, support structures, transmission building(s) and/or other accessory uses, fences, and signs. ~3 Structural integrity report or letter clarifying the installation and support program for the proposed wireless telecommunication equipment. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Parcel Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Propertv Search I Assessor Subset Querv I Assessor Sales Search Clerk & Recorder Reception Search I I reasurer Tax Search Search GIS Alan I GIS Help Basic Building Characteristics I Value Summarv parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2012 Mill Area Number Number Type Levy 001 R019445 273718285033 LODGE 32.325 Primary Owner Name and Address 315 EAST DEAN ASSOC INC 150 E 58TH ST 14TH FLR NEWYORK, NY 10155 Additional Owner Detail Business Name ST REGIS Legal Description Subdivision: ASPEN RESIDENCE CLUB & HOTEL Unit: HOTEL Location Physical Address: 315 E DEAN ST ASPEN Subdivision: Land Acres: Land Sq Ft: 0 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber==R019445 11/4/2013 Parcel Detail Page 2 of 3 2013 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 81,717,200 23,697,990 Total: 81,717,200 23,697,990 Sale Date: 9/24/2010 Sale Price: 70,000,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 2 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics LODGE UNDERGROUND 88,022 PARKING: LODGE FOURTH FLOOR: 26,441 LODGE FIFTH FLOOR: 21,320 LODGE BSMT: 52,887 LODGE FIRST FLOOR: 37,201 LODGE SECOND FLOOR: 26,891 LODGE THIRD FLOOR: 26,891 Total Area: 243,040 Property Class: LODGING-IMPROVEMENTS Actual Year Built: 1992 Effective Year Built: 1995 Quality of Construction: VERY GOOD Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: ASPEN LUXURY LODGE http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber==R019445 11/4/2013 17 1 1 -- 1 ' 6.47 C.Â£43 rte B Ae, -/k Nififul - - - -- 9- Customer Distribution Our Order Number: QPR62006203 Land Title GUARANTEE COMPANY Date: 08-27-2014 WWWLTGC.COM Property Address: 315 EAST DEAN STREET, ASPEN, CO 81611 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) kshultz@Itgc.corn Lender - New Loan BLACK & VEATCH CORPORATION Attention: DONALEE ABRAMS 304 INVERNESS WAY SOUTH #400 1 ENGLEWOOD, CO 80112 720-834-4347 (work) 720-834-4285 (work fax) abramsd@bv.com Delivered via: Electronic Mail Land Title Guarantee Company Property Report Land Title Order Number: 62006203 GUARANTEE COMPANY WWW LTGC.COM 2013 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $21,149.92. ***************** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273718285033 2014 LAND ASSESSED VALUE $0.00 2014 IMPROVEMENTS ASSESSED VALUE $23,697,990.00 2013 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $778,313.08. 91(*************************************************************** , RECEPTION#: 574026, 10/04/2010 t 11:35:12 AM, 1 OF 3, R $21 -0 DF $7000.00 Janice K. Vos C 11, Pitkin County, CO 1 .9/ 6, firh 1 -lf %, This instrument prepared by: Kenton H. Walker, Esq. Kirkland & Ellis LLP 300 North LaSalle Sti-eet Chicago, IL 60654 After recording, return to: Jeffrey Usow, Esq. 02,2 50 * 6 Mayer Brown LLP 71 South Wacker Drive 46 9-1,6 6--VE 1-1, too 7 Chicago, It. 60606 SPECIAL WARRANTY DEED THIS. DEED, made this 02Â£1 day of September, 2010, between STARWOOD ASPEN REALTY LLC, a Delaware limited liability company, as successor by merger to SLT Aspen Dean Street LLC, a Delaware limited liability company ("Grantor"). and 315 EAST DEAN ASSOCIATES, INC., a Delaware corporation, whose legal address is c/o OptAsia Capital Company Limited, 10th fioor, CRC Tower, All Seasons Place, 87/2 Wireless Road, Lumpini, Pathumwan, Bangkok 10330, Thailand ("Grantee") WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 DOLLARS ($10.00). the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant. bargain. sell, convey and confirm unto the Grantee and its heirs aiid assigns forever, all the real property, together with improvements, if any (the "Premises"). situate, lying and being iii the County of Pitkin, State of Colorado, described as follows: Hotel Unit & Commercial Unit, Aspen Residence Club and Hotel Condominium. according to the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium, recorded January 21,2005, at Reception No. 506236, as amended froin time to time, and to the Condominium Map, recorded Jamiary 21,2005, in Plat Book 7 at Page 85 as Reception No. 506237, as supplemented from time to time. all in the office of the Clerk and Recorder for Pitkin County. Colorado. also known by street and number as: 315 East Deaii Street, Aspen. Colorado 8 1611 (for information purposes). Assessor's Parcel Numberts): 273718285032 273718285033 TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof: and all the estate. right. title, interest, claim and demand whatsoever of the Grantor, either in law or equity. of, in and to the above bargained premises, with the hereditamen*iand appurtenances; Cil'N (2- Aâ€¢,r:.. CITY Cly- /~N WA-117 FAID 299 MCI. DATE ~4E77 liAID DATE 034 oct> 1 REIP NO. K&E 17704050.4 440 G /1 4 o Le 03,9 Org RECEPTION#: 574026, -0/04/2010 at 11:35:12 AM, 3 OF - D Janice K. Vos Caud Pitkin County, CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STARWOOD ASPEN REALTY LLC, a Delaware limited liability company, as successor by merger with SLT Aspen Dean Street LLC, a Delaware limited liability company By: Starwood Hotels & Resorts Worldwide, Inc., Its Sole Member By: CDâ‚¬:t; 2- Name: Susan Werth Title: Senior Vice President STATE OF NU~516Â·G) SS. COUNTY OF The foregoing instrument was acknowledged before me this2444 of September, 2010, by Susan Werth, as Senior Vice President of Starwood Hotels & Resorts Worldwide, Inc., as Sole Member of Starwood Aspen Realty LLC, a Delaware limited liability company. Witness my hand and official seal. At, Cl AL 1. 01Notary Pub 1:V My Commission Expires: Â» //6/,Â« MELANIE E.W. COLUER NOTARY PUBUC STATE OF NEW YORK NO. 01 CO5060039 QUALIFIED IN WESTCHESTER COUNrf f MY COMMISSION EXPIRES MAY 13, 202~ 3 Special Warranty Deed ~-ver#70nwing/ess We never stop working for you.w Verizon Wireless David Kennard Cherry Creek 1 David.Kennard@verizonwireless.com Suite 550 Direct Dial 303-873-2663 3131 So. Vaughn Way Direct Fax 303-873-2682 Aurora, CO 80014 November 14,2013 RE: C03 Aspen Highlands, 315 E. Dean Street, Aspen, CO Dear City of Aspen, I am writing this letter to provide you with information regarding maximum radio frequency and electromagnetic frequency emissions with respect to our facility located at 315 E. Dean Street in Aspen, CO. This site is currently on the air and Verizon Wireless will be changing antenna models in order that we may broadcast in the 2100 MHz spectrum and provide AWS service. The antennas and equipment are currently in compliance with all applicable Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. All new antennas and equipment as part of this request shall also comply with all applicable Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. Verizon Wireless is committed to assuring the safety and welfare of its employees, the public and the environment through the compliance with all applicable Federal Communication Commission's regulations including those concerning maximum radio frequency and electromagnetic frequency emissions. Sincerely, Verizon Wireless 6*4? -fÂ«U David Kennard Senior RF Engineer Verizon Wireless/Mountain Region 1 ver,lonwireless Verizon Wireless Network Department 3131 South Vaughn Way, Ste. 550 Aurora, CO 80014 Letter of Authorization To Whom It May Concern: Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, hereby authorizes Black & Veatch Corporation, its attorney' s, agents, or representatives to represent Verizon Wireless in real estate transactions and make any necessary zoning petitions including the filing of building permit applications. 0124 #2 Matt Butler Its: Real Estate Manager Date: 1 ob i i Sworn to before me this'J__ day of~Â»(n-be r , 2009 Notary Public: DENISE FULLER NOTARY PUBLIC My Commission Expires: 42>1\7~ 21-~ ? \-2r- ' STATE OF COLORADO -9 J February 16, 2015 City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: Verizon Wireless Site Name: CO3 Aspen Highlands (AWS) Located at 315 E. Dean Street, Aspen, CO 81611 Dear City of Aspen Community Development Department, As owners of property located at 315 E. Dean Street in Aspen, Colorado, we hereby consent to Verizon Wireless submitting the necessary land use application(s) with the City to permit the antenna and equipment modifications to their installation on The St Regis rooftop. Sincerely, 315 East Dean Association Inc. V Printed Name: ,47,#6. /zeâ€¢4440 Date: 91 d ts- Tta.Â· D/4â‚¬722 OF 2-ny,P a-t,4*5 f Site Name: CO3 Aspen Highlands (AWS) Page 1 of 1 ~-3 BLACK & VEATOn i-/ Building a world of differencet City of Aspen - Wireless Telecom (Administrative) - 8/18/14 Verizon Wireless - Antenna Modification - CO3 Aspen Highlands (AWS) VICINITY MAP 2 \ F vv Maln St Â® W Main St Â® d E mouker St ~ 2 W Bleeker St % i ~ G) South AÂ·fl E Frarts R * 4 "04. 9 90 Tvolean e T '46 04, Lodge k * 6 44 8, 1 44> 4 W Hopk,ns Ave W Hoekins Ave park E Hopkins Ave E Hopkins Ave / 9 2 Rio Glarule A> ~.,4'. 1, E Main St (g) . h Hotel Jerome # ~ $ Asp>en @' 4 Paepcke Ma:Stihisa 11 11 r PI,kin County E e.el.â‚¬. 0~ ~ Pla7.3 ./ W Hyman Ave E Hyman A 6.ainSI Â® t 20 0%, ~% co ' 40 Wheeler Kenich, ~1 0 Opera He:upe -/2 4Â£9 Quee,Â® Limelignt 1- Il 6 0 # Lodge 5 Site Location e E HymN Ave g. ~ E HOR,473 Ave e O Â£ Coupe, Aw E Cooper Ave liâ€¢t One 8 4~ Wagner 2 Â® CondGminiums * 29 7111Â©e Park Y Belly Ur, E COO Per Ave ME l t.'.tan k. ) Juana' 0 AF;F# Sk; 9 4 Cha}fet AIR<, l Mointain G,/be,f 81 -~6 -0- ~:~, Aspen E Duram Ave 9 26 HighÂ·an* e 0 0 B d Tne Gant 4 d Snark St 8 6 00 004 4 16 0% /: ~ ./ ~erec, ; 1 & 9 :1 /2 , %2 C 315 E. Dean Street, Aspen, CO 81611 Site Name: CO3 Aspen Highlands (AWS) Page 1 of 1 S 3fd St S 2nd St S Garmisch St 4 Due 40 9 A.sper, St $41Â»0* ~-1 BLACK & VEATCH i./ Building a world of differencet City of Aspen - Wireless Telecom (Administrative) - 1/12/15 Verizon Wireless - Antenna Modification - CO3 Aspen Highlands AWS (St. Regis) WIRELESS TELECOM - LETTER OF INTENT Property Owner Applicant Applicant's Representative 315 East Dean Street Association Verizon Wireless Black & Veatch Corp. 150 E. 58th Street 3131 S. Vaughn Way, Suite 550 4600 South Syracuse St., Suite 800 14th Floor Aurora, CO 80014 Denver, CO 80237 New York, NY 10155 Attn: Debbie Essert Attn: Brad Johnson (303) 229-4681 JohnsonBW2@BV.com Site Name: CO3 Aspen Highlands AWS (St. Regis) Site Address: 315 E. Dean Street, Aspen, CO 81611 Equipment Area: 63 sq. ft. + Space on Penthouse Rooftop for Antennas Parcel Area: 121,626+/- sq. ft. Parcel #: 273718285033 Zoning: Lodge / Tourist Residential PUD (L/TR PUD) Process: Administrative Wireless Telecom Planner: Sara Nadolny Request: Administrative Wireless Telecom approval to allow equipment and antennas to be upgraded on an existing building rooftop in the L/TR PUD Zone District. Request & Justification Verizon Wireless is a leading provider of wireless communications and is in need of upgrading its antennas at an existing facility located at the above referenced site in order to ensure that adequate and uninterrupted service is maintained at all times per their License Agreement with the Federal Communications Commission (FCC) as well as provide the residents, businesses, and traveling public in the area with new and faster voice and advanced data services such as 4G/LTE and XLTE/AWS. This site remains a critical component to the overall network and carries a high volume of call traffic and data transfer every day making this an important site to receive these technological upgrades. Given this site is located on a building in the L/TR PUD District, an administrative Wireless Telecom application shall be required to add antennas to the existing facility. Modification Design & Details The proposed installation shall consist of removing all twelve (12) existing panel antennas on the building rooftop and replace them with twelve (12) new panel antennas. The existing antennas measure approximately 48" long by 11" wide and the proposed new antennas measure approximately 54" tall by 11" wide and 51" tall by 6" wide, All new antennas shall be painted to match the existing antennas (brick red). New equipment is also proposed but will go inside the existing rooftop equipment cabinet and therefore will not be visible. In addition, Verizon Wireless is proposing to remove and replace (3) runs of cabling linking the new panel antennas to the equipment cabinet and will be run adjacent to the existing cabling which is not visible. Lastly, six (6) small Remote Radio Heads (RRH's) or equipment boxes are required at the antennas. This equipment measures approximately 20"xi 1"xT" and will be mounted directly behind the antennas on the rooftop. Three (3) new OVP's or surge suppressors are required at the antennas. The surge suppressors measure approximately 19"x 15"x 10" and will also be mounted directly behind the antennas on the rooftop. All RRH's and OVP's will be painted to match and will not stick up above the height of the antennas. Site Name: C()3 Aspen Highlands (AWS) Page 1 of 5 ~E~ BLACK ot VEATCH i-/ Building a world of difference'. In summary, the site currently has twelve (12) panel antennas and the proposal is to remove and replace all twelve (12) keeping the total antenna count the same. New cables and equipment are also proposed. Compliance with the Citv Land Use Code Section 26.304. Common Development Review Procedures Sec. 26.304.010. General. A pre-application meeting was held with Sara Nadolny on 10/17/13. An application for Administrative Wireless Telecommunications has been enclosed and is submitted for review and approval by the City of Aspen. A Building Permit shall be applied for when the zoning approval has been received. Sec. 26.304.020. Pre-Application Conference. A pre-application meeting was held with Sara Nadolny on 10/17/13. Sec. 26.304.030. Application & Fees. The required application fee has been included as part of this application. The following items have been enclosed as part of this application: 1) Letter of Authorization from Verizon Wireless. 2) Notarized Letter of Authorization from property owner. 3) Property identification information. 4) Assessor's Information. 5) Current O&E Report. 6) Vicinity Map. 7) Land Use Application. 8) Photo Simulation. 9) Site Plan drawings with elevations. 10) A site improvement survey is not required. Facility is on the building rooftop. 11) Letter of Intent demonstrating compliance with all relevant Land Use Codes. 12) Signed Fee Agreement. Sec. 26.304.040. Initiation of Application for Development Order. Black & Veatch Corp. is making this application, as authorized representative, on behalf of Verizon Wireless who has an active lease with the property owner of record that was entered into on Sept. 5, 2002 and amended on Sept. 11,2012. Sec. 26.304.050. Determination of Completeness and Review by the Community Development Director. An application for Administrative Review has been enclosed for review by the Community Development Director. This request shall not require public hearing review. Sec. 26.304.060. Review of a development application by decision-making bodies. An application for Administrative Review has been enclosed for review by the Community Development Director. This request shall not require public hearing review and is considered a permitted use in the L/TR PUD District. Sec. 26.304.070. Development Orders. Sec. 26.304.075. Building Permit. A Building Permit shall be applied for once approval has been received from the Community Development Director. Section 26.575.130 Wireless Telecommunications Services Facilities & Equipment A. Intent and purpose. The existing facility and proposed modifications shall be compatible with the surrounding development and sensitive to and in scale and harmony with the character of the area. This shall continue to be accomplished through minimizing the visual, aesthetic and safety impacts of the facility Site Name: C03 Aspen Highlands (AWS) Page 2 of 5 ~-3 BLACK & VEATCM ~../ Building a world of differencet through careful design, siting and antenna paint color to match the building and other antennas currently located on the rooftop. The existing facility makes use of a building in which the antennas have been attached to and the equipment has been placed on the rooftop behind the parapet wall. B. Applicability. The proposed modifications to an existing wireless telecommunications facility shall continue to comply with all requirements for such facilities as listed in Section 26.575.130 of the City's Land Use Code. All necessary permits and approvals shall be obtained. C. Procedure. A pre-application meeting was held with Sara Nadolny on 10/17/13. An application for Administrative Wireless Telecommunications has been enclosed and is submitted for review and approval by the City of Aspen. A Building Permit shall be applied for when the zoning approval has been received. This facility is not located on a building of historical significance. D. Application. The following items have been submitted for review with this application: 1) Site Plan drawings showing before and after conditions as they relate to the proposed modification to an existing wireless facility. 2) A site improvement survey is not required. Facility is on the building rooftop or contained within the existing building. 3) A landscape plan is not applicable. Facility is both on the building rooftop and contained within the existing building. 4) Elevation drawings have been provided. 5) A lighting plan is not applicable. No lighting is required for this facility. 6) A structural report/PE Letter has been provided. 7) The application shall comply with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions. 8) The existing facility makes use of a building in which the antennas and equipment are mounted to. 9) The existing facility makes use of a building in which the antennas and equipment are mounted to and therefore complies with highest siting preference. 10) A pre-application meeting was held with Sara Nadolny on 10/17/13. This site continues to be an important coverage site for Verizon Wireless. Without this site, Verizon Wireless would have a significant gap in coverage in the City of Aspen. E. General provisions and requirements. 1) The existing facility makes use of a building in which the antennas and equipment are mounted to and is an allowed use in the L/TR PUD Zone District. 2) The building mounted facility complies with the City's highest preference for facility siting. 3) Verizon Wireless operates in a licensed spectrum therefore minimizing the changes for interference. 4) The existing facility and proposed modification shall have no impact in airports or flight paths. 5) This facility is not located on a building of historic significance. 6) The existing facility is not located on a public building, structure or public right-of-way. 7) The existing facility is not collocated on a tower. 8) The facility is maintained in a safe and clean manner. 9) The facility shall be removed if the site is no longer needed. F. Review standards. 1) The existing facility has antennas located on a building penthouse rooftop with the equipment also located on the building rooftop and therefore complies with all setback requirements. 2) The proposed antennas shall be mounted at the exact same height as the existing antennas. No more than 10 feet above highest portion of roof. 3) The existing and proposed antennas shall be architecturally compatible with the building they are mounted to given they are painted to match. Further, the location for the existing and proposed antennas are grouped tightly together with other antennas on the penthouse rooftop. 4) The existing facility has antennas and the equipment located on a building rooftop and therefore compatible with the natural environment. Site Name: 203 Aspen Highlands (AWS) Page 3 of 5 CE~ BLACK at,/EATCH ~-/ Building a world of differencet 5) The existing antennas are painted to match the building and therefore minimizes their visibility. 6) No lighting or signage is proposed with this request unless required by the FAA, FCC or other federal entity. 7) The existing facility has no impact on access ways. Section 26.710.190 Lodge (L) Zone District A. Purpose. The proposed modifications to an existing rooftop mounted wireless facility shall not change the current hotel use of the property. B. Permitted Uses. A building mounted wireless facility is an allowed use in the LITR PUD Zone District. C. Conditional Uses. A building mounted wireless facility is an allowed use in the L/TR PUD Zone District. D. Dimensional Requirements. 1) Minimum Gross Lot Area. The existing wireless facility and proposed modifications shall have no impact on the property's lot size. 2) Minimum Net Lot Area Per Dwelling Unit. The existing wireless facility and proposed modifications shall have no impact on the lot area per dwelling unit. 3) Minimum Lot Width. The existing wireless facility and proposed modifications shall have no impact on the property's lot width. 4) Minimum Front Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current front yard setback. 5) Minimum Side Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current side yard setback. 6) Minimum Rear Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current rear yard setback. 7) Minimum Utility/Trash/Recycle Area. The existing wireless facility and proposed modifications shall have no impact on the current utility, trash or recycle area. 8) Maximum Height. The existing wireless facility and proposed modifications shall have no impact on the current height of the building or rooftop antennas. All new antennas shall be mounted at the exact same mounting height as the existing antennas. 9) Minimum Distance Between Buildings. The existing wire/ess fac#ity and proposed modifications shall have no impact on the distance between buildings. 10) Public Amenity Space. The existing wireless facility and proposed modifications shall have no impact on the public amenity space. 11) Floor Area Ratio. The existing wireless facility and proposed modifications shall have no impact on the current FAR. 12) Maximum Multi-Family Residential Dwelling Unit Size. The existing wireless facility and proposed modifications shall have no impact on the current dwelling unit size. Section 26.575.020(B)1(d) Calculations and Measurements d. Chimneys, antennas and other appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Both the existing and proposed antennas mounted to this building's rooftop shall not extend above the roofline by more than 10 feet. As demonstrated above, the proposed modifications to an existing Verizon Wireless facility shall comply with the intent of the City's Land Use Code as it applies to modifications to wireless telecommunication facilities. Site Name: 003 Aspen Higlilands (AWS) Page 4 of 5 /-3 BLACK & VEATL. i-/ Building a world of difference: Wireless Statistics Â· As of Dec. 2013, there were approximately 335.65M wireless subscribers or 96% of the total US population. Up from 207.9M or 69% in 2005. 39.4% of all households have only wireless phones and have discontinued their landline telephone. Up from 8.4% in 2005. Â· The annual total wireless data traffic in 2013 was 3.23T MegaBites. Up from 866.7B MegaBites in 2011. Â· As of Dec. 2013, there were approximately 175M smartphones and 25M tablets in use compared to 50M smartphones and 12M tablets in 2009. The total number of cell sites as of Dec. 2013 was 304,360. Up from 283,385 in 2011 and 139,338 in 2002. Â· More than 400K E-911 calls generated per day on wireless phones. Up from 260K in 2005. Â· 6.5B people on the planet and 5B cell phones. Summarv As demonstrated above, the Verizon Wireless proposal shall comply with all standards and requirements as listed in the City's Land Use Code for granting administrative approvals for modifications to existing building mounted facilities in the L/TR PUD District per Section 26.304, Section 26.710.190, Section 26.575.020(B)1(d) as well as for wireless telecommunication facilities in Section 26.575.130. The integrity of the Verizon Wireless network continues to rely on this site and this site shall continue to comply with the intent of the City's Land Use Code. The proposed modifications shall not cause any visual or other negative impacts on the area and shall be extremely minimal in nature while at the same time, offering the residents, businesses, and traveling public with better and faster voice and data technologies. Brad Johnson Site Acquisition & Zoning Manager Black & Veatch Corp. Consultant for Verizon Wireless Site Name: (03 Aspen Highland.s (AWS) Page 5 of 5 STRUCTURAL CALCULATIONS BY CITEGUI STRUCTURAL SERVICES, LLC CO3 AsPEN HIGHLANDS 31 5 EAST DEAN ST ASPEN, CO 215012 2/2/1 5 teelp~~ t? 2 3" 7 e j 24:Ki ,Â·1Sh OTEGUI STRUCTURAL SERVICES, LLC ~~' PROJECT Aspen Highlands 2 PROJECT NO. 215012 30. SUBJECT New Antenna Wind Load DATE 2/2/2015 BY MAO 11-* CLIENT CSAi I | SHEET OF C:\Otegui Structural ServicesUob Fles\215012-Aspen Highlands 2\[215012-Aspen Highlands calcs.xls]Sheetl Wind Loading TIA-EIA 222-G Appurtenance wind load on Platform and Antennas 2.6.9.2 Design Wind Force on Appurtenance Fa = qz Gh (EPA)a qz = 0.00256 (Kz) (Kzt) (1<d) (VA2) m (2.6.9.6) qz = f20.693591 psf I= 1 V= 90 mph Kz = D.174065 Kz = 2.01(z/zg),9/a 2.6.5.2 Kz min = 0.85 Table 2-4 Zg = 900 Table 2-4 a= 9.5 ft Table 2-4 Ke = 1 Table 2-4 Z= 70 ft Input Kzt = (1+(Ke Kt/Kh)A2 2.6.6.4 Kzt= r 1 Kh = eA(f * z/H) Kh = 2.5E+30 Ke = 1 Table 2-4 Kt = 0.43 Table 2-5 f = 1 Table 2-5 H= 1 ft Kd = 0.85 Table 2-2 Gh= 1.1 2.6.7 ~â‚¬2> OTEGUI STRUCTURAL SERVICES, LLC ~~ PROJECT Aspen Highlands 2 PROJECT NO. 215012 ~ SUBJECT Wind Forces DATE 2/2/2015 BY MAO C*~~3* CLIENT CSAi SHEET OF C.\Olegui Structural Services\Job Files\215012-Aspen Highlands 22[215012-Aspen Highlands calcs ds]Sheetl Antennas and Antenna Mounts (EPA)a For use with appurtenance, Ka = 1 (2.6.9.2.4) Ca Antenna Models Flat (y/n) h (in) w (in) t (in) C h/d (Table 2-8) Ca A (sf) Total (#) Area (sf) BXA-185063/8CF y 48.8 6.1 3.2 594.8649 8 1.403 2.9003128 1 2.900313 |LNX-6513DS-VTM y 72.7 11.9 7.1 1160.474 6.109244 1.358 8.1586565 1 8.158657 LNX-6513DS-AlM y 96.3 11.9 7.1 1160.474 8.092437 1.403 11.165249 1 11.16525 CWWX063x19x00 y 76 12.1 7 1179.978 6.280992 1.36 8.6851111 1 8.685111 RxxDC-3315 y 20 15.73 10.25 1533.971 1.271456 1.2 2.6216667 1 2.621667 RRH2X60-AWS y 40 11.2 7.6 1092.211 3.571429 1.247 3.8795556 2 7.759111 wt. each I otal Wt Wind Load Each Antenna (lbs) (lbs) BXA-185063/8CF 11 11 BXA-185063/8CF 66 lbs LNX-651305-VTM 39 39 LNX-6513DS-VTM 186 lbs LNX-6513DS-AlM 63 63 LNX-6513DS-AlM 254 lbs CWWX063*19x00 38 38 CWWX063x19x00 198 lbs RxxDC-3315 28 28 RxxDC-3315 60 lbs RRH2X60-AWS 46 92 RRH2*60-AWS 177 lbs 0 0 0 ITotal Weight | 271 lbs Total Wind Load | 940 lbs Â¢GONÂ· 0-rEGUI STRUCTURAL SERVICES, LLC '14*hk/ PROJECT Aspen Highlands 2 PROJECT NO. 215012 4.-4 4 SUBJECT Existing Framing DATE 2/2/2015 BY MAO ~?*-Â·*. CLIENT CSAi SHEET OF C:\Otegul Structural Services\Job Files\215012-Aspen Highlands 2\[215012-Aspen Hightands calcs xls]Sheetl Existing Framing Existing roof tripod frame is built from pipes and tubes anchored to a concrete roof. It is desired to have a total of (4) 4'xl' antennas with RRH and OVP attached to each tripod pair. Wind Loads are shown on previous page and are distributed as line loads From Risa model we find that the horizontal pipes will deflect about W' under full wind load and the maximum unity is about 0.4. If requested output can be provided, but the frame is lightly loaded. Maximum uplift on any base plate is 1100lbs. Maximum down force is 1700lbs. Typical reaction is 200 Ib uplift Tripods are located near perimeter support concrete beams. Roof is an 8.5" thick C.I.P. concrete slab. By observation, existing slab is adequate for tripod. Capacity for (4) 1/2" expansion anchors will be 1200 lbs each with no reductions. Therefore if bolts can be verified, hold down will be adequate. Verify in field that each base plate has a minimum of (4) M" expansion anchors per plate. 3â‚¬R Z X -.026klft ' -.0261</ft 2 A-/ 1- 0- 28 / 111 1 /1.11 9 1 .r-<E<:14~ -.0261dft / \ 0 /7 1 -f - 2 3 -' 7 f --1 1\ i 20~16**18 - 26 0.1 1.3 Loads: BLC 2, Wind Load Results for LC 1, Dead + Wind 1 Y-direction Reaction Units are k and k-ft Otegui Structural Services SK-1 MAO CO3 Aspen Highlands Screen 1 Feb 2, 2015 at 2:53 PM 215012 215012-Aspen Highlands roof fram.. Z X -.0261dft ..023'dft -.02 23ld 15 // -.0261dft 28 11 1 -.2 ..02 Â· 29 34 0.1 3 24 /// I.2 -.02 18 0.1 0.1 0.3 26 Loads: BLC 2, Wind Load Results for LC 1, Dead + Wind 1 Y-direction Reaction Units are k and k-ft Otegui Structural Services SK-1 MAO CO3 Aspen Highlands Frame 2 Feb 2, 2015 at 2:54 PM 215012 215012-Aspen Highlands roof fram... veâ€¢Zpnwireless CO3 ASPEN HIGHLANDS VIEW 1 - LOOKING SOUTH *. .#t.* 1 1 , 1. .-4. T 434.21 9 I â‚¬ 9 1 .1 r. M '4% 13' ..9 .IT - r Â¥ - r B - 1.a - -< 7 -. 02--- f - 8 - 1. F .4 , I ---;# . . I.I./69 . *rÂ·- -- 75 m - N 4â‚¬ 1 h : -- '4: 2.7 ...I- /'7" ~I/'. . b - ..4 ur ..2 - 1. .-'. r ...... iÂ· I ...: 1. .1 -7......:S ' .3, S.. 1---. 1 -1 1 b ~3 fEL-* . Â·- 1 1 41 1 ilt 02 I EXISTING CONDITIONS ,=124..1......IN= '' 1- ltv 1 6% Veillgiiwireless CO3 ASPEN HIGHLANDS VIEW 1 - LOOKING SOUTH # 4 15,1. 9 .A'*,.i , . K.//2 ....... W.... . b f . Â· 1 0. 4%- \-0- Y i . 4 1 11 . ....6 - ~.1 .. 4 L. ' . i. 9- 2 * -.-Il.Â£*---Il-.-1 - U.,--I-V Â· 4 L 2. I * 9 - - Â»27 L * - 1. 4 - 1, 11 'Trp PROPOSED CONDITIONS (This photo simulation is for illustrative purposes only) I /,-'Al./4./* verilan wire/ess VERIZON WIRELESS SERVICES 3131 S. VAUGHN WAY, SUITE 550 AURORA, CO 80014 ver'zpn wireless CO3 ASPEN HIGHLANDS PROJECT INFORMATION SITE NAME SITE I.D 263 PROJECT: SMR-AWS ASPEN, C081611 315 E. DEAN STREET AMERICAN TOWER SITE NAME: CO3 ASPEN HIGHLANDS SITE NAME ST. REGIS - ASPEN SITE NUMBER SITE I.D.#: 263 332094 CONSULTANT ADDRESS: 315 E. DEAN ST. ASPEN, CO 81611 PROJECT DESCRIPTION VICINITY MAP DRAWING INDEX A 09/17/13 CD REVIEW DPL OOPER AVE REMOVE & REPLACE EXISTING VERIZON WIRELESS ANTENNAS ON SHEET DESCRIPTION B 09/26/13 CD REVISION OPL EXISTING PENTHOUSE. ADD AWS EQUIPMENT & HYBRID CABLE, C 07/23/14 RF REVISION DPL Tl.O TITLE SHEET O 01/09/15 RF REVISION RSS Gl.0 GENERAL NOTES E 01/12/15 RF REVISION RSS F 01/14/15 CLIENT COMMENTS RSS Al.0 ROOF PLAN G 01/20/15 CLIENT COMMENTS RSS A2.0 EQUIPMENT PLAN DIRECTIONS A2.1 ANTENNA PLAN & RF DATA 1-70 WEST TO GLENWOOD SPRINGS, EXIT & GO SOUTH ON HWY 82 TO ASPEN. TURN SLIGHT RIGHT ONTO N. 7TH ST/CO-82. TURN LEFT A3.0 ELEVATIONS ONTO W. MAIN ST/CO-82. TURN RIGHT ONTO S. MONARCH ST. TURN LEFT ONTO E. DEAN ST. IF YOU REACH S. MILL ST. YOU'VE GONE A LITTLE TOO FAR. ATTACHMENTS- + Id STRUCTURAL ANALYSIS BY OTEGUI STRUCTURAL- SERVICES, LLC DATED 11/13/2013 PROJECT DATA -21- 1- tr-/ Lt JURISDICTION: - CITY OF ASPEN LF -7. - L --'~6.-~~-~,SITE ZONING DESIGNATION: - PUD-UTR C..03"QHIC DEAN ST 4494. ~ C> 7*1 OCCUPANCYGROUP: U ' ip':Â·r Â»1:4 - 9 'b i CONSTRUCTION TYPE: - V-B ffÂ¢,1 -'- 6 . 1 -1-. r . -U_ - FULLY SPRINKLERED - N/A ' 11-f 2 Mfi~* P'Â· //4 19 NO. OF STORIES: - N/A 44 1. r 1 GOVERNING CODES IF APPLICABLE: 2009 IBC, 2009 IMC, 2009 IFC, 2011 NEC, 5935 SOUTH ZANG STREET, SUITE 280 LITTLETON, COLORADO 80127 ADA COMPLIANCE: OFFICE: 303,932.9974 THIS FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. PROJECT TEAM TITLE SHEET OVVNER CLIENT SITE ACQUISITIONIST RF ENGINEER ARCHITECT STRUCTURAL ST. REGIS HOTEL VERIZON WIRELESS BRADJOHNSON VERIZON WIRELESS CHARLES STECKLY, AIA OTEGUI STRUCTURAL BEN BRADWAY CONSTRUCTION ENGINEER BLACK & VEATCH CORP. GREG CHAMBERLIN CSAi SERVICES, LLC 315 E. DEAN ST. CHAD WEBER 4600 S. SYRACUSE STREET. 3131 S. VAUGHN WAY, 5935 S. LANG STREET MICHAEL OTEGUI ASPEN, CO 81611 3131 S. VAUGHN WAY SUITE 800 SUITE 550 SUITE 280 10812 WEST POWERS PLACE PHONE: 970.920.7300 SUITE 550 DENVER. CO 80237 AURORA, CO 80014 LITTLETON, CO 80127 LITTLETON, CO 80127 Tl.O AURORA, CO 80014 PHONE: 303.229.4681 PHONE: 402.305.2775 PHONE: 303.932.9974 PHONE: 720.981,5333 CELL: 303.503.6700 FAX: 303.932.6561 0-rW'2~3~00%?g tt';~~FaCO3 Asper, Highlands\CDs\TI 0_24*36.dwg 1. DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAKE PRECEDENCE, AND THIS 1 - -=9 SET OF PLANS IS INTENDED TO BE USED FOR DIAGRAMMATIC PURPOSED ONLY, UNLESS NOTED OTHERWISE. THE GENERAL CONTRACTOR'S SCOPE OF WORK SHALL INCLUDE verilan wireless FURNISHING ALL MATERIALS. EQUIPMENT, LABOR, AND ANYTHING ELSE DEEMED NECESSARY TO COMPLETE INSTALLATIONS AS DESCRIBED HEREIN. VERIZON WIRELESS SERVICES 3131 S VAUGHN WAY. SUITE 550 L ' 6 2. PRIORTO THE SUBMISSION OF BIDS, THE CONTRACTORS INVOLVED SHALL VISIT THE JOB AURORA, CO 80014 SITE AND FAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING THE PROPOSED PROJECT INFORMATION i... PROJECT, WITH THE CONSTRUCTION AND CONTRACT DOCUMENTS, FIELD CONDITIONS AND SITE NAME 11*â€¢155*/1 11 FEFrl Ill~ CONFIRM THAT THE PROJECT MAY BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING C03 ASPEN HIGHLANDS 3, 1 WITH CONSTRUCTION. ANY ERRORS, OMISSIONS, OR DISCREPANCIES ARE TO BE BROUGHT TO r , 7 SITE I.D THE ATTENTION OF THE ARCHITECT/ENGINEER IN WRITING. 263 3. THE GENERAL CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO PROCEED WITH 315 E. DEAN STREET ASPEN CO 81611 CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED BY THE CONSTRUCTION DRAWINGS/CONTRACT DOCUMENTS. AMERICAN TOWER 4. THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT DESCRIBED HEREIN. THE ST. REGIS - ASPEN no 2. E SITE NAME CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, SITE NUMBER TECHNIQUES, SEQUENCES AND PROCEDURES AND FOR COORDINATING ALL PORTIONS OF THE 332094 == WORK UNDER THE CONTRACT. CONSULTANT 5. THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS ACCORDING TO INOÂ£L . I -I- I . 9. - Â·112 '64 -.U 4 MANUFACTURER'S/ VENDOR'S SPECIFICATIONS UNLESS NOTED OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECEDENCE. l.'*4*/3-Ilk<- .,9.Imp"'201~* ........ 6. ALL WORK PERFORMED ON PROJECT AND MATERIALS INSTALLED SHALL BE IN STRICT it - 1,- i"7 -'1%-1,0"'EP'wfflâ€¢-lr-'tlg~ ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES. REGULATIONS LORAIN POWER SYSTEM 02 AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY, MUNICIPAL AND UTILITY COMPANY A 09/17/13 CD REVIEW OPL 295,/, .* C 07/23/14 RF REVISION DPL W/(7) 24VDC RECTIFIERS SPECIFICATIONS, AND LOCAL AND STATE JURISDICTIONAL CODES BEAR[NG ON THE B 09/26/13 CD REVISION DPL - OUTPUT 26.9VDC 6 PERFORMANCE OF THE WORK. 7. THE STRUCTURAL COMPONENTS OF THIS PROJECT SITE/FACILITY ARE NOT TO BE ALTERED D 01/09/15 RF REVISION RSS 7 - EXISTING RADIOS 4-PDF BY THIS CONSTRUCTION PROJECT UNLESS NOTED OTHERWISE. E 01/12/15 RF REVISION RSS . -7-4=E@#2*55fg ~ F 01/14/15 CLIENT COMMENTS RSS 8. ANTENNA SUPPORTING STRUCTURE IS UNDER A SEPARATE CONTRACT. THE CONTRACTOR G 01/20/15 CLIENT COMMENTS RSS SHALL ASSIST ANTENNA INSTALLATION SUBCONTRACTOR IN TERMS OF COORDINATION AND th:- I. SITE ACCESS. ERECTION SUBCONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTION OF F.'-*.'.& PERSONNEL AND PROPERTY FROM HAZARDOUS EXPOSURE TO OVERHEAD DANGERS. 9. GENERAL CONTRACTOR SHALL PROVIDE AT THE PROJECT SITE A FULL SET OF CLARIFICATIONS FOR THE USE BY ALL PERSONNEL INVOLVED WITH THE PROJECT. CONSTRUCTION DOCUMENTS UPDATED WITH THE LATEST REVISIONS AND ADDENDA OR . <A 10. DETAILS INCLUDED HEREIN ARE INTENDED TO SHOW END RESULT OF DESIGN. MINOR a e ~ MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS OR SITUATIONS, AND SUCH F U'.14 9 3)31'. W /'EL'd MODIFICATIONS SHALL BE INCLUDED AS PART OF THE SCOPE OF WORK. .4 12. THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT EXISTFNG 11. THE FACILITY IS CELLULAR RADIO EQUIPMENT AND ANTENNAS. IMPROVEMENTS, EASEMENTS, PAVING, CURBING, ETC. DURING CONSTRUCTION UPON 1.2 COMPLETION OF WORK. CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY HAVE OCCURRED DUE TO CONSTRUCTION ON OR ABOUT THE PROPERTY. 13. CONTRACTOR SHALL ENSURE THE GENERAL WORK AREA IS KEPT CLEAN AND HAZARD .e' *. &. FREE DURING CONSTRUCTION AND DISPOSE OF ALL DIRT, DEBRIS, RUBBISH AND REMOVE gi*EkEP i i.it * c. Â· . EQUIPMENT NOT SPECIFIED AS REMAINING ON THE PROPERTY, PREMISES SHALL BE LEFT IN CLEAN CONDITION AND FREE FROM PAINT SPOTS, DUST, OR SMUDGES OF ANY NATURE. 1,6"-*1 ... 1 Imt, 14. THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FORTH IN THE A -1:214:1/10/im CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF WORK. ' CONTRACTORS BIDDING THE JOB ARE NEVERTHELESS CAUTIONED THAT MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND OR SPECIFICATIONS SHALL NOT EXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT AND IMPROVEMENTS IN ACCORDANCE WITH (12) MARATHON M12V155FT THE tNTENT OF THESE DOCUMENTS. THE BIDDER SHALL BEAR THE RESPONSIBILITY OF 6, al.: Ill ...11 24 = 4-:U BATTERIES INSTALLED: 08/02/10 NOTIFYING (IN WRITING) THE ARCHITECT/ENGINEER OF ANY CONFLICTS, ERRORS, OR 5935 SOUTH ZANG STREET, SUITE 280 OMISSIONS PRIOR TO THE SUBMISSION OF CONTRACTOR'S PROPOSAL. IN THE EVENT OF LITTLETON COLORADO 80127 DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OR EXTENSIVE WORK, OFFICE: 303.932.9974 6 - LTE eNODE B 3 - BATTERY UNLESS DIRECTED OTHERWISE. 15. SPECIAL INSPECTION TESTING REQUIRED SPECIAL INSPECTIONS SHALL BE PERFORMED BY CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE AN INDEPENDENT SPECIAL INSPECTOR PER SECTION 1701 OF THE UNIFORM BUILDING CODE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES (UBC) FOR THE FOLLOWING: BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. A. CONCRETE: DURING THE TAKING OF CONCRETE TEST SPECIMENS AND PLACING CALL BEFORE YOU DIG - COLORADO LAW REQUIRES 3 WORKING DAYS NOTICE FOR STRUCTURAL REINFORCING AND STRUCTURAL CONCRETE, VERIFY REINFORCING SIZE, CONSTRUCTION PHASE. PLACEMENT AND GRADE. THESE DRAWINGS MAY NOT SHOW ALL UNDERGROUND PIPING AND UTILITIES. THE CONTRACTOR B. BOLTS, AND ANCHORS IN CONCRETE HOLD-DOWN ANCHOR BOLTS, INSPECT SIZE, LENGTH, - SHALL EXERCISE EXTREME CARE DURING ALL EXCAVATION AND OTHER CONSTRUCTION TYPE (EXPANSION, EPOXY) AND SPACING. ACTIVITIES. s Mit UTILITY NOTIFICATION CENTER OF COLORADO - 1-800-922-1987 GENERAL NOTES N VERIZON WIRELESS IS RESPONSIBLE FOR ALL UTILITY LOCATES AND UTILITY RELOCATIONS UNDERGROUND SERVICE ALERT %32 (24) 1 5/8- COAX REQUIRED FOR THIS INSTALLATION. VERIZON WIRELESS WILL SCHEDULE AND COORDINATE ALL (12) UN USED WORK WITH THE OWNER TO ENSURE NO DISRUPTION TO OWNERS OPERATIONS. 1-800-922-1987 (1) POLYPHASER CABINET ~ ~ WWW.UNCC.ORG 32 (1) POLYPHASER SUBCONTRACTORS SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB ~ UTILITY NOTIFICATION CENTER OF COLORADO SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE 3 WORKING DAYS UTILITY NOTIFICATION PRIOR TO CONSTRUCTION Gl.O PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME 3 12 5 - POLYPHASER CONFIGURATION 2 - GENERAL CONTRACTOR NOTES 1 - GENERAL NOTES reless\SMR\(03 Aspen Hightands\CDs\Gl.0_24*36_CO.dwg [F-=--LIlli-:E--[[jE:=il SHELTER TO JUNCTION OVPS CONNECTION ~ eNODE B ~ IEAV.156-~AIY tralfl;EmAINA --*I.--I. verilan w/re/ess 1 T-|1 QTY. MAIN OVP @ 1 5 E: W: . |u. | SHELTER VERIZON WIRELESS SERVICES 0 //Illit)/P/= *21/ .1..h - A..., I m E RE RE E. m'* 1 LENGTH ~9 Ilf- . 5-5-lai-3 t".Z 11!~ 3131 S. VAUGHN WAY SUITE 550 AURORA, CO 80014 1 .% | 6X12 HYBRID 180'-0" PROJECT INFORMATION 62- 22& 1% 1 QTY. .... . 1 ,/ I- .7... 1/1 SITE NAME - CABLE 1 - - 1 1 -1-l U --Of{-I--i 1 1 1 (2)- ml/n SITE I.D MAIN OVP @ MAIN OVP @ ~ ~ MAIN OVP @ QTY 13/343. .-1-1 m..U u.~0 li .ilill-=-il. SHELTER SHELTER ANTENNAS .4. t 263 CO3 ASPEN HIGHLANDS (LOW) (HIGH) _ .1 ~ (2) -12~~~7~21 =-1-41\V~ll: Ild:*14 .IMI-livE ~ , .914/'i, 4. 315 E. DEAN STREET -- -I - 2 111=411' 4 11*M I. ASPEN, CO 81611 ---ZCâ‚¬27---=*Â»... 499!1: . A = 1 n Illillillililill IlillilliliH.2illill .......... ililillilillill' lfHELTER - -1 - ' Â»EN:--,a,~ '~ â€¢:* 1~,i 1-u I I' Mil AMERICAN TOWER -------- - --izin ..1 6 clill SITE NAME 6)<12 - - - _. , 1--~ai , L,1?1%~111 - HYBRID CABLE lg-WH . ST. REGIS - ASPEN (2) 1 5/8" COAX SITE NUMBER ( PCS 332094 6X12 (1) 1/2- RET HYBRID CABLE CABLE CONSULTANT (4) 1/2" COAX 1*1 ; HYBRID CABLE p,vv.> rt,-1/ i AWS , I (1) RET CABLE NIZ-1 (2) 1/2"COAX D 1X1 A 09/17/13 CD REVIEW DPL 750 0 HYBRID CABLE I r | (1) RET CABLE B 09/26/13 CD REVISION DPL C 07/23/14 RF REVISION DPL D 01/09/15 RF REVISION RSS (2) 1 5/8 COAX 850 E 01/12/15 RF REVISION RSS F 01/14/15 CLIENT COMMENTS RSS G 01/20/15 CLIENT COMMENTS RSS B LOWER ROOF - (2) 1 5/8 COAX 0 (1) NEW MAIN OVP (1) 1/2" RET-r BEHIND ANTENNAS 1 CABLE RE: 2/Al.0 & 4/A2.1 O A2.1 (4) 1/2" COAX MAIN OVP I NEW 1 * 1 CABLES FROM MAI N OVP @ -Y SECTOR T (12) VERIZON WIRELESS ANTENNAS ON (E) PENTHOUSE, 1X1 REMOVE AND REPLACE (9) ANTENNAS RE: A2.1 (HIGH) HYBRID CABLE 1 AWS RRH, AWS Z SECTOR RRHs FOLLOW (E) COAX ROUTE ATTACH # L , 1 (1 ) RET CABLE 9 TO (E> COAX SUPPORTS W/CXB 158 COAX SUPPORT / 4.1 (1) NEW 6X12 HYBRID CABLE FROM MAIN OVP @ BLOCKS RE:2/Al.0 -r APPROX 200 L F - (2) 1/2" COAX M-' EQUIPMENT CABINET TO X SECTOR MAIN OVP. | tÂ·IYBR(ocABLE ~ (1) RET CABLE _ - 750 > FOLLOW (E) COAX ROUTE ATTACH TO (E) COAX / SUPPORTS W/CXB 158 COAX SUPPORT BLOCKS / RE 2/Al.0 APPROX 200 L. F. CABLE TRAY - (2) 1 5/8 COAX - k r.-1 j 850 (2) NEW 6X12 HYBRID CABLES FROM MAIN OVPs @ EQUIPMENT CABINET TO V & 'X' SECTOR MAIN PENTHOUSE 92&62 OVPs. FOLLOW (E) COAX ROUTE ATTACH TO (E) - - COAX SUPPORTS W/CXB 158 COAX SUPPORT (2) 1 5/8 COAX BLOCKS RE: 2/Al 0 * LENGTH = 180'i PCS VERTICAL COAX ROUTE UP FACE OF (1) 1/2Â· RET-~\C= (24) EXISTING COAX MOUNTED TO SCREEN WALL WALL ATTACH NEW HYBRID CABLE TO (E) CABLE * COAX SUPPORTS TYP 1X1 (4) 1/2 COAX ON UNISTRUT MOUNTS. REMOVE (6) RUNS OF | HYBRID CABLE 1-H- COAX AND REPLACE W/ (2) RUNS OF 6*12 HYBRID U Â»1: 1.....11 24 9 AWS RRH - AWS ~ CABLE. MOUNT TO EXISTING COAX SUPPORTS W/ 5935 SOUTH ZANG STREET. SUITE 280 H * I I (1) RET CABLE o VALMONT CXB158 COAX BLOCKS OR SIM LITTLETON COLORADO 80127 MAIN OVP OFFICE: 303.932.9974 = W (LOW) x (2) 1/2 COAX | 1X1 I LTE RRH 750 (1) RET CABLE HYBRID CABLE - (2) 1 5/8 COAX 850 - PARAPET WALL RRH INFORMATION MAIN OVP @ Y SECTOR A2.0 1 Xl HYBRID CABLE RRH INFORMATION ~ 1 QTY. QTY. QTY. QTY. ROOF PLAN SECTOR NOTES QTY. LENGTH QTY (AWS) (PCS) (750) (850) / / VERIZON WIRELESS X MOUNT MAIN OVPS (1) 12'-0Â· (2) (1) N/A (1) N/A EQUIPMENT AREA ON ROOF TO UNISTRUT RE: A2.0 ~ ~ / NOTE: > 2- Y FRAME RE. 4/A2.1 (1) 12'4 (2) (1) N/A (1) N/A N ALL ITEMS SHOWN ARE EXISTING UN.O j 2 14/A 14/A 30'-0- (2) (1) N/A (1) N/A NORTH Al.O 2 - HYBRID CABLE CHART AND DIAGRAM 1 - ROOF PLAN SCALE: 1/W =1'-0" 16' 8' 0 16' APPROX L.F. Z SECTOR HYBRID CABLE HYBRID CABLE HYBRID ~ABLE HYBRI!~~ABLE O==r e= R\COS Aspen Highlandi~CD**10.dwg ve ri Zgn wireless VERIZON WIRELESS SERVICES 3131 S VAUGHN WAY, SUITE 550 AURORA, CO 80014 ~- 480V MAIN DISCONNECT PROJECT INFORMATION SITE NAME 111 I1I 111 CO3 ASPEN HIGHLANDS SITE I.D. -4 1 4-- -12 | | | 263 JIT------ r----9 Â©1-- ---------- -4 t--- 315 E. DEAN STREET !7 - - - - - - - ASPEN, CO 81611 L ____ _4 LL _---2--LILLULLIE AMERICAN TOWER 50KVA TRANSFORMER SITE NAME ST. REGIS - ASPEN SITE NUMBER 111 : 111 332094 CONSULTANT BATTERY AND RECTIFIER COMPARTMENT STEEL STRUCTURAL -1 r- HVAC EQUIPMENT MEMBERS ABOVE TYP. , Ill 11 r- -1 1 111 A 09/17/13 CD REVIEW DPL lili / 111 B 09/26/13 CD REVISION DPL III \ / 111 C 07/23/14 RF REVISION DPL ELECTRICAL PANEL 11 j 1 D 01/09/15 RF REVISION RSS SC4812T E 01/12/15 RF REVISION RSS 122...........7 I E---22-2'X AC 2 /1 ||| F 01/14/15 CLIENT COMMENTS RSS 4 F- 2 k , E-2223202222-----LIOLLLE â‚¬9 G 01/20/15 CLIENT COMMENTS RSS 111 Ill EQUIPMENT CABINET | | | ~ H EQUIPMENT ~ ~ ~ -- VERIZON WIRELESS ON STEEL FRAME NOTES: 1. REMOVE (6) EXISTING 1 5/8"COAX. (18) TOTAL REMAIN FOR 800 & PCS. 2. MOUNT NEW HYBRID CABLES TO EXISTING COAX UNISTRUT MOUNTS W/ VALMONT 111 6 111 COAX SUPPORT BLOCKS MODEL CXB158 111 K .1 111 OR SIM. 1- SC4812T 3, SEAL ALL PENETRATIONS WATER TIGHT Ael \ ||| MAINTAIN (E) ROOFING WARRANTY. - 111 4. ALL ITEMS SHOWN ARE EXISTING U.N O. 1 1 1 -,r-// 111 f -COA)(+COA~- ~ 111 12222__2~22--3 1 2--222-i~/' ~ EZZLE#fl-3-3---LIZE-'-ft--- situkEP L____dLL --------_ 20[ r eNODE B FIBER AND TELCO STEEL EQUIPMENT PLATFORM III f HVAC DUCT 1 COMPARTMENT Ill ACROSS MECHANICAL SPACE ~ ~ ~ ~ 111 9 . 111 III .1 9 k mIll - F- CONCRETE STEP UP J 111 9 111 1 C. 1 LITTLETON, COLORADO 80127 (6) 1/2" COAX JUMPERS MOUNTED TO 11.,1 F CONCRETE STEP UP -~ ~ ~ ~ 5935 SOUTH ZANG STREET, SUITE 280 OFFICE: 303.932.9974 (E) STEEL (ABOVE) FROM Ill 10 1 POLYPHASER RACK 8 4Â·4 STEEL STRUCTURAL I . / , MEMBERS ABOVE TYP (6) 1/2- COAX JUMPERS MOUNTED TO - 1 41 (E) STEEL (ABOVE) FROM r ROUTE (2) NEW 6X12 HYBRID CABLES ALONG POLYPHASER CABINET 11 EXISTING STRUCTURAL MEMBER TO 0 0.1 / ACENTWALL ~ f-- CE) 3:*2'*1 'D POLYPHASER (24) EXISTING WALL - ~ CABINET MOUNTED 1 5/8 COAX \ REMOVE (6) FOR A NEW ~ ~ - SPM (INSIDE PARAPET WALL) TOTAL OF (18) 7 4 dj 00 L____2 LIU _222222222 2IJ L -COA)~)**Â·Â·--COAÂ»-Â·~,4~Â·~I,9Â·~-iE,~2.171%112IZ*6Â·~~~-~LP 14 -COA- COA- COA- COA eycoiÂ»Â·~COA-COA-COA-~)-COA- L----9 t-1- ---------- -1-4 -1- --- I N I I ' I EQUIPMENT Z C-12 0.12 0-12 0.1: CMZ ROUTE (2) NEW 6X12 HYBRID / CABLES ALONG EXISTING COAX U 2ND POLYPHASER RACK (12) IST POLYPHASER RACK -~ PLAN ATTACH WITH -VALMONT CXB158 COAX INSIDE CABINET COAX SUPPORT BLOCKS OR SIM TO (6) ACTIVE (12)COAX (E) UNISTRUT WALL MOUNTS (6) ACTIVEE NORTH A2.0 1 - EQUIPMENT PLAN SCALE: 1/2' = 1'-0- 7 11 01 ~1 COA*-7 C,)A*-FPCO NOTE: PAINTNEW OVP, RRH & veriZan wire/ess . LTE MOUNTING BRACKETS TO 44 MATCH (E). %fi VERIZON WIRELESS SERVICES ~64) CELL u 3131 S. VAUGHN WAY,SUITE 550 AURORA, CO 80014 - ATTACH NEW 2 3/8" SCHEDf-Â»-~ TE PROJECT INFORMATION 40 GALVANIZED PIPE TO SITE NAME UNISTRUT W/ PIPE CLAMP \161 C03 ASPEN HIGHLANDS 114 ~ ,~ Â·~Â· j - NEW 1/2 U-BOLT r 1 i. . m SITE I D 263 U.4 - - PCS CD - 3' STAND OFF ARM TYP, .*. 4 315 E. DEAN STREET L NEW P1000 UNISTRUT EA MAST ASPEN CO 81611 VERTICAL COAX Y SECTOR - CE) TRIPOD ANTENNA MAST (2)TRIPOD TRANSITION AMERICAN TOWER ANTENNA MAST ' ' EA. SECTOR SITE NAME - - - PLAN ST. REGIS - ASPEN (2) 2' HORIZONTAL SITE NUMBER e ATTACH NEW 2 3/8" - - ANTENNA SUPPORTS TYP. 332094 SCHED 40 GALVANIZED PIPE TO UNISTRUT W/ PC - NEW RRH : PIPE CLAMP CONSULTANT J )11~Â«A~-101 Z~â„¢~D ANTENNA MAST ROOFTOP PENTHOUSE ' 1'-1 LTE BALLASTED I -- NEW P1000 UNISTRUT k=[y CABLE TRAY YS 5 A (E) ANTENNA ARM CLAMP CELV ~ - 1Sph- Â»228 Â«2- NEW P1000 UNISTRUT A 09/17/13 CO REVIEW DPL B 09/26/13 CD REVISION DPL NEW 1/2- U-BOLT C 07/23/14 RF REVISION DPL LTE LTE ~ / D 01/09/15 RF REVISION RSS CELL / ~ E 01/12/15 RF REVISION RSS -- 1 111 -9 F 01/14/15 CLIENT COMMENTS RSS 24 -9 1 j PC G 01/20/15 CLIENT COMMENTS RSS 4)- Elm 11.1 9 , | 4' 2' 0 4' 'lib ELEVATION NOTE: -- ALL ITEMS SHOWN ARE EXISTING U.N.O, I .- NORTH 5 - ANTENNA PHOTOS 4 - UNISTRUT MOUNTING DETAIL SCALE: NTS 2 - (E) ANTENNA CONFIGURATION SCALE: 1/4- = 1'-0" ~ 99=1 NEW LTE 700 1ANDREW" MODEL LNX-6513DS-A1 M_ODT_750MH ~k#;o NEW CELL 'ANDREWÂ· MODEL 1. GENERAL: PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS NECESSARY FOR RECEIVING, INSTALLING, *c> LNX-6513DS-VTM_00OT_0850 TESTING AND ADJUSTING ANTENNA CABLES FROM THE ANTENNA TO THE CONNECTORS AT THE BASE 449p TRANSMISSION SYSTEM (BTS). THIS SHALL INCLUDE ALL EQUIPMENT SHOWN OR REQUIRED FOR A NPA COMPLETE OPERATING SYSTEM ANTENNA, ANTENNA CABLES, CONNECTORS AND FITTINGS SHALL BE 'D. THIRD PARTY FURNISHED COMPONENTS AS SHOWN ON THE BILL OF MATERIALS. 2. MATERIALS NEW AWS LTE AMPHENOL" MODEL 6*12 CWW)<063x19x00 )--*:-7----7 A ANTENNA CABLES: AS SCHEDULED B. ANTENNA CONNECTORS: AS SCHEDULED (E) PCS "AMPHENOC MODEL- BXA-185063-8CF MOUNT NEW RRH (2) NEW 6*12 HYBRID CABLES C. CABLE HANGERS: INSTALLED AT MAXIMUM 4' SPACING "ALCATEL-LUCENT' MODEL 0, FROM NEW OVPs @ SHELTER RRH2)(60-AWS TO UNISTRUT J TO NEW OVPs @ ANTENNAS NOTES: FRAME TYP. (2) EA SECTOR (6) W D. GROUNDING KITS: AS SPECIFIED 1. REPLACE LTE CELLULAR AND AWS ANTENNAS ON TOTAL RE: 4/A2.1 EACH SECTOR. 3. INSTALLATION 06{01:1.....11 54= 2 ADD RRH FOR AWS & LTE 700 ON EACH SECTOR A. ANTENNA CABLE LENGTHS SHALL BE FIELD MEASURED PRIOR TO PURCHASE OF CABLE. PAINT UNITS TO MATCH ANTENNAS & MOUNTS 2lk 5935 SOUTH ZANG STREET, SUITE 280 NEW MAIN OVP "RAYCAPÂ· INSTALLER SHALL NOTIFY VERIZON WIRELESS OF THE OVERALL LENGTH REQUIRED 3 ADD HYBRID CABLE AND RAYCAP UNIT TO MODEL RxxDC-3315-PF-48 ~ LITTLETON, COLORADO 80127 SUPPORT AWS RRH INSTALLED. ROOFTOP (E) PCS Â·AMPHENOLÂ· MODEL MOUNT TO UNISTRUT OFFICE: 303.932.9974 B. CABLES SHALL BE LABELED IN ACCORDANCE WITH VERIZON WIRELESS SPECIFICATIONS. 4. UTILIZE EXISTING ANTENNA MOUNTS FOR NEW PENTHOUSE BXA-185063-8CF FRAME TYP. (2) TOTAL ANTENNAS. RE: 4/A2.1 C ALL OUTSIDE CABLE CONNECTIONS SHALL BE COVERED WITH WEATHERPROOFING TAPE 5. PAINT NEW ANTENNAS & EQUIPMENT TO MATCH (E) NEW AWS LTE "AMPHENOL' 6, RE. 2/Al.0 FOR HYBRID CABLE DIAGRAM & CHART MODEL CWWX063x19*00 D. THE MINIMUM BENDING RADIUS FOR ALL ANTENNA CABLES SHALL BE AS SHOWN BELOW OR FOR ADDITIONAL INFORMATION AS PER THE MANUFACTURER, WHICHEVER IS MORE CONSERVATIVE: 7. ALL ITEMS SHOWN ARE EXISTING U.N.O NEW UNISTRUT 4 CABLE FRAME RE: 4/A2.1 -/4,09*'08 IN AIR / CABLE TRAY IN CONDUIT li' 5Â· IO- 411&-4 7/8- 10 18 NEW CELL ANDREW" MODEL 15/8. 20- 28. 1)(1 HYBRID 5- 10' * LNX-6513DS-VTM_GOOT_0850 2)(4 HYBRID 12' 16" 4X8 HYBRID 20" 28 NEW L TEE 700 -ANDREWÂ· MODEL l 6X12 HYBRID 12" 16 LNX-6513DS-Al M_OOT_750MH NEW LTE 700 "ANDREW" MODEL E CABLES SHALL BE INSTALLED WITH THE MINIMUM NUMBER OF BENDS CABLES SHALL NOT BE LNX-6513DS-Al M_OOT_750MH ANTENNA PLAN LEFT UNTERMINATED IN THE FIELD. (E) PCS Â·AMPHENOL NEW 1xl CABLES FROM NEW OVP F. GROUNDING KITS - AFTER INSTALLATION OF GROUND STRAPS, THE CONNECTION SHALL BE NEW CELL ANDREW MODEL 't~ MODEL BXA 185063-8CF @'Y SECTOR TO NEW RRHs @7 & RF DATA 26' SECTOR. APPROX. 25 L.F, MADE WEATHER TIGHT USING WEATHERPROOFING KITS AS IDENTIFIED ABOVE. GROUND LNX-6513DS-Vâ„¢_OODT__0850 % PIGTAILS SHALL BE BROUGHT OUT IN THE DOWNWARD DIRECTION FROM THE CONNECTIONS Â§1% TO THE ANTENNA CABLE WITHOUT ANY SHARP BENDS (MINIMUM BEND RADIUS 10Â·) AND >2 CONNECTION SHALL BE MADE TO GROUNDING SYSTEM. NEW AWS LTE -AMPHENOLÂ· 7 + MODEL CWWX063x19x00 NORTH A2.1 4' 2' 0 4' 3 - ANTENNA NOTES AND REQUIREMENTS 1 - PROPOSED ANTENNA CONFIGURATION SCALE: 1/4" = 1'-0- - MÂ·\2014\Project,\ .tzon Wirel-\SMR\CO3 Aspen Highlands\CD:\A21.dwg PLOTTED Jan , 2015 AT 2:21pm \,r ver'Zan wireless VERIZON WIRELESS SERVICES 3131 S. VAUGHN WAY, SUITE 550 AURORA, CO 80014 PROJECT INFORMATION SITE NAME CO3 ASPEN HIGHLANDS SITE I.D. 263 315 E. DEAN STREET ASPEN. CO 81611 AMERICAN TOWER SITE NAME ST. REGIS - ASPEN SITE NUMBER 332094 CONSULTANT NOTES. 1 PAINT NEW ANTENNAS & EQUIPMENT TO MATCH EXISTING ANTENNAS & MOUNTING HARDWARE 2. ALL ITEMS SHOWN ARE EXISTING U.N.O ~ T.O OMNI ANTENNA 77'-10" A.GL A 09/17/13 CD REVIEW DPL B 09/26/13 CD REVISION DPL - OMNI ANTENNA BY OTHERS C 07/23/14 RF REVISION DPL - MOUNT NEW RRH'S TO NEW NEW RRH'S MOUNT TO (1) NEW OVP MOUNTED TO NEW UNISTRUT FRAME RE 4/A2,1 NEW UNISTRUT FRAME UNISTRUT FRAME RE: 4/A2.1 D 01/09/15 RF REVISION RSS RE 4/A2.1 RSS E 01/12/15 RF REVISION - (12) VERIZON WIRELESS ANTENNAS F 01/14/15 CLIENT COMMENTS RSS REMOVE AND REPLACE (9) ANTENNAS ~ T.O. NEW VERIZON WIRELESS ANTENNAS m-- REI A2.1 G 01/20/15 CLIENT COMMENTS RSS 7490" i A.G.L. ' -01 1Â· 0 Â£ NEW VERIZON WIRELESS ANTENN,AS ~ ~~~.~ ~ ~~- ~~ 72'-0" A.G.L MOUNT NEW P1000 UNISTRUT FRAME TO (E) ANTENNA MAST WITH 1/7 1 1 -1 n= 1 1 U-BOLTS ,4~Til-JÂ»- ~ TO PENTHOUSE PARAPET Al /1 REE: 4/A21 ti~ - FACE MOUNTED ANTENNAS (TYP) BY 69'-1 "A G.L 4-+-7 - -Â« -- - T - - - - - _ - - - %--- OTHERS .â‚¬24- - ROOF LINE BEYOND ~ _UP--- SCUPPER AND DOWNSPOUT - STAIRWELL = I. L -9/ _ PENTHOUSE - 5 -1 90/ VERTICAL COAX ROUTE ATTACH e ~ (2) NEW HYBRID CABLES TO (E) COAX SUPPORTS WrVALMONT CBX158 SUPPORT BLOCKS OR SIM -------------- \4 U ={.1 :1' 1 =I'. tâ€¢124 = - PARAPET LINE BEYOND 5935 SOUTH ZANG STREET, SUITE 280 LITTLETON, COLORADO 80127 n =c OFFICE: 303.932.9974 FIN. ROOF BELOW ELEVATIONS . A3.0 80 1 -NORTHEAST ELEVATION - AT ROOF LINE SCALE: 1/7 = 1'-0Â· 2 1 0' 2 I n WIrelesaB~MR\CO3 Aspen Highlands \CDs\A30.dwg THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 24.2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 315 E. Dean -Wireless Review and have reviewed it for completeness. 61 Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: ~lf there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. CIr' 1 C c 493 ~ ULA-- 3Mnifer f!94n, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No >C Subdivision, or PD (creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes___ No.~4__ Commercial E.P.F. Lodging I~51 Jennifer Phelan From: Johnson, Bradley W [JohnsonBW2@bv.com] Sent: Monday, June 15, 2015 6:04 PM To: Jennifer Phelan Subject: Verizon Wireless Antenna Modification (C03 Aspen Highlands) - 315 E. Dean Street Follow Up Flag: Follow up Flag Status: Flagged Hi Jennifer, I am in receipt of your letter dated June 9th concerning the above referenced project. I have a few questions regarding the 4 incomplete items you list in your letter. 1) It appears the title report we submitted is older than 6 months. I will request an update. 2) What is an HOA policy letter? I am not aware of an HOA that has control over the building rooftop. 3) The authorization letter signed by the Engineering Director is who the owner directed to sign the form. Will that not work? 4) I will have the architect revise the scale on the Elevation page (Sheet A3.0). Are there any other pages that need to be corrected? Thanks, Brad Johnson I Senior Site Acquisition & Zoning Manager, Telecommunications Black & Veatch Corporation 1 4600 South Syracuse Street, Suite 800, Denver, CO 80237 USA *Â·1 303Â·229-4681 M I +1 720 834Â·4285 F I JohnsonBW2@BV.com Building a World of Difference.Â® i I Pleaw consider the environmenr bE tore printing my email 0 1 :m.,1,0 1 11Â·(1 :,tte,i.;linetil.; 01 th{5: :('1;,ti Jr: :Aten:! d 1<.r lh e.dusive use ,)11 42 t,<ld {?3<,1.:- ti (til 1?i,~y , Â·,nlilin contidenti , 'llc>}ted leâ€¢' 11.M ' 1'~ . O' :0. |t *it'Â· .L' 'Pt: 0, 11,1/:the iness:.jet: crittittlachment V 1. ..3 -Ine,]Di, 4,1 .;41 1 Johnson, Bradley W From: Dunbar, Donalee Sent: Thursday, June 18, 2015 2:18 PM To: Johnson, Bradley W Subject: FW: Commitment (315 E DEAN STREET)(buyer/owner 315 EAST DEAN ASSOCIATES, INC, A DELAWARE CORPORATION)(our 62006779) From: bpadilla@Itgc.com [mailto:bpadilla@Itgc.com] Sent: Tuesday, June 16, 2015 11:43 AM To: Dunbar, Donalee Subject: Commitment (315 E DEAN STREET)(buyer/owner 315 EAST DEAN ASSOCIATES, INC, A DELAWARE CORPORATION)(our 62006779) 1 1, 0,1111,~ ur '' 11 , N 1 111 â‚¬ 24 . , Land Title 1 J l 'IR ' / 11 ~ i ,~.â€¢'I' Title 424 Commitment View this email in full HTML in your browser Associated Documents â€¢ Commitment â€¢ Invoice â€¢ All documents as one PDF ,-1.-C + r =FJ~ irr' - ril Navigating and Understanding your Title Commitment Summary ~.a*k _Â£ ~i,-ic rail - . Click on the blue links in the Table of Contents to go to a specific section . Click on the*(back to top)links to return to the top of the email . Click on the blue links within the body of the email to view a related document . Click on a blue email address link in the Contacts section to send an email to that party . Green underlined text indicates changes from the previous Title Summary For general information on title insurance, please refer to htto://www.alta.ora/consumer Commitment Summary - 315 E DEAN STREET (QPR62006779) View Printable Version Table of Contents â€¢ LTGC Contacts â€¢ Delivery Parties â€¢ Order Information 1 â€¢ Vestinq (24 month Chain of Title) â€¢ Wire Instructions â€¢ Title Fees â€¢ Schedule A â€¢ Reauirements â€¢ Exceptions â€¢ Disclosure Your Land Title Guarantee Company Contactst(back to top) For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) kshultz@ltize.com Commitment Delivery Parties*(back to top) Lender - New Loan BLACK & VEATCH CORPORATION Attention: DONALEE DUNBAR 4600 S SYRACUSE ST #800 DENVER, CO 80237 720-834-4200 (work) 720-834-4285 (work fax) dunbard@bv.com Delivered via: Electronic Mail Order Information*(back to top) Order Number: QPR62006779 Property Address: 315 E DEAN STREET, ASPEN, CO 81611 Buyer/Borrower: 315 EAST DEAN ASSOCIATES, INC, A DELAWARE CORPORATION Vesting Deed(s) / (24 month Chain of Title): Pitkin county recorded 10/4/2010 under reception no. 574026 *ire Instructionst(back to top) , ' ' .:, &*ril 1""916 ' *2;- .Â·4Wi,14,1-;11'.Or; Â· ' 11't Bank: ALPINE BANK Address: 600 E HOPKINS ASPEN, CO 81611 ABA No: 102103407 Account: 2020010529 Estimate of Title Fees*(back to top) 3*Â¢ Property Report $100 $100.00 2 $100.00 Schedule A*(back to top) Property Address: 315 E DEAN STREET, ASPEN, CO 81611 1. Effective Date: 06-11-2015 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: Property Report $0.00 Proposed Insured: BLACK & VEATCH CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 315 EAST DEAN ASSOCIATES, INC, A DELAWARE CORPORATION 5. The Land referred to in this Commitment is described as follows: SUBDIVISION: ASPEN RESIDENCE CLUB & HOTEL DESC: COMMERCIAL HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM, ACCORDING TO THE DECLARATION AND PLAN OF CLUB OWNERSHIP FOR ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM, RECORDED JANUARY 21, 2005, AT RECEPTION NO. 506236, AS AMENDED FROM TIME TO TIME, AND RECEPTION NO. 506237, AS SUPPLEMENTED FROM TIME TO TIME, ALL IN THE OFFICE OF THE CLERK AND RECORDER FOR COUNTY OF PITKIN, STATE OF COLORADO Plat Map(s): Pitkin countv recorded 1/21/2005 under reception no. 506237 in book 71 at paae 86 APN(s): 273718285032 Requirements*(back to top) 74*7:. '1 1 'Â· Exceptions*(back to top) 1. SPECIAL WARRANTY DEED RECORDED OCTOBER 04, 2010 UNDER RECEPTION NO. 574026. 2. DEED OF TRUST DATED APRIL 07, 2015, FROM 315 EAST DEAN ASSOCIATES, INC, A DELAWARE, CORPORATION TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF GARFIELD SRA MORTGAGE INVESTMENT, LLC TO SECURE THE SUM OF $100,000,000.00 RECORDED APRIL 08, 2015, UNDER RECEPTION NO. 61881 5. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 8, 2015 UNDER RECEPTION NO. 618816. u ***************** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273718285032 1 1 2015 LAND ASSESSED VALUE $0.00 2015 IMPROVEMENTS ASSESSED VALUE $643,970.00 3 2014 REAL PROPERTY TAXES PA THE AMOUNT OF $21,600.04. *****4:**1<*******************************1<*********i<************* *****************PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273718285033 2015 LAND ASSESSED VALUE $0.00 2015 IMPROVEMENTS ASSESSED VALUE $22,247,930.00 2014 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $746,240.08. *****************************1<4<********************************* ) (4'Â§%0 > Disclosure Statements*(back to top) LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: 1. The subject real property may be located in a special taxing district. 2. A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) 3. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: 1. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 2. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens, < 4. The Company must receive payment of the appropriate premium. 5. If there has been construction, improvements or major repairs undertaken on the properly to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid * information by the Company. ; No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. 4 1. That there is recorded evidence tl mineral estate has been severed, leased, -. -therwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and 2. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Open the attached pdf version of the commitment to view our PRIVACY POLICY. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. Belinda Padilla Title Examiner I Land Title Guarantee Company OP TOC Team 4 5975 Greenwood Plaza Blvd., Greenwood Village, CO 80111 Phone: 303-850-4199 boadilla@ltac.com These images are provided for informational purposes only. They are not guaranteed as to availability or quality. These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat Reader-â„¢, If you do not have Adobe Acrobat Reader TM on your system, you can download it for free from Adobe. Some of these documents may be designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal-size paper from within the "Print Setup" dialog box from within the Acrobat Reader. Having troubles viewing the PDF's on Firefox? Try installing a pdf plugin like PDF Viewer. Content in this email is Copyright LT Systems, L. L.C. All rights reserved. 5 . RECEPTION#: 574026, 10/04/201n at 11:35:12 AM, 1 OF 3, R $ 00 DF $7000.00 Janice K. Vos dill, Pitkin County, CO This instrument prepared by: Kenton H. Walker. Esq. Kirkland & Ellis LLP 300 North LaSalle Street Chicago, IL 60654 After recording, return to: Jeffrey Usow, Esq. 06&164 ;1~ 4 Mayer Brown LLP 71 South Wacker Drive 46:Ll.66_1'F- 41,De>o :t Chicago, IL 60606 SPECIAL WARRANTY DEED THIS DEED, made this 021 day of September, 2010, between STARWOOD ASPEN REALTY LLC, a Delaware limited liability company, as successor by merger to SLT Aspen Dean Street LLC, a Delaware limited liability company ("Grantor"). and 315 EAST DEAN ASSOCIATES, INC., a Delaware corporation, whose legal address is c/o OptAsia Capital Company Limited, 10th floor, CRC Tower, All Seasons Place, 87/2 Wireless Road, Lumpini, Pathumwan, Bangkok 10330, Thailand ("Grantee"): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee and its heirs and assigns forever, all the real property, together with improvements, if any (the "Premises"), situate, lying and being in the County of Pitkin, State of Colorado, described as follows: Hotel Unit & Commercial Unit, Aspen Residence Club and Hotel Condominium, according to the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium, recorded January 21,2005, at Reception No. 506236, as amended from time to time, and to the Condominium Map, recorded January 21,2005, in Plat Book 7 at Page 85 as Reception No. 506237, as supplemented from time to time, all in the office of the Clerk and Recorder for Pitkin County, Colorado. also known by street and number as: 315 East Dean Street, Aspen, Colorado 81611 (for information purposes). Assessor's Parcel Number(s): 273718285032 273718285033 TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate. right. title, interest. claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the heredita;*itâ€¢tand appurtenances; GIN 0- CITY Gh *PEN WA317 FAID MC). DATÂ·c. "RE_~7 #AID REP 03:4'0(< 1 DATE - Airp NO. K&E 17704050.4 1440 6, 410 le 039 006 .-0 RECEPTION#: 574026, 04/2010 at 11:35:12 AM, 2 OF 3 . Janice K. Vos Caudil )itkin County, CO SUBJECT TO all real estate taxes not yet delinquent, covenants, conditions, restrictions, easements, rights of way and other matters of record, applicable zoning, land use, and similar laws and regulations, and any and all matters which would be disclosed by an accurate survey of the Premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, and its heirs and assigns forever. Grantor, for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND, the above bargained premises in the quiet and peaceable possession of the Grantee, and its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. [The remainder of this page is blank; signatures on following page] 2 Special Warranty Deed Â· RECEPTION#: 574026, 10/04/20-- at 11:35:12 AM, 3 OF 3, Janice K. Vos Caudill, Pitk. ounty, CO IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STARWOOD ASPEN REALTY LLC, a Delaware limited liability company, as successor by merger with SLT Aspen Dean Street LLC, a Delaware limited liability company By: Starwood Hotels & Resorts Worldwide, Inc., Its Sole Member By: CDâ‚¬j; AÂ£2- Name: Susan Werth Title: Senior Vice President STATE OF Al"+6Â£-t ) SS. COUNTY OF Miok+WAL>- The foregoing instrument was acknowledged before me this2(Â·~fthy of September, 2010, by Susan Werth, as Senior Vice President of Starwood Hotels & Resorts Worldwide, Inc., as Sole Member of Starwood Aspen Realty LLC, a Delaware limited liability company. Witness my hand and official seal. Â«3 0 1(Al*-D /Notary Publid My Commission Expires: T) 1144 MELANIE E.W. COWER NOTARY PUBLIC STATE OF NEW YORK NO. 01(05060039 OUALIFIED IN WESTCHESTER COUNTY i MYCOMMISSION OFIRES MAY 13, 202~ 3 Special Warranty Deed RECEPTION#: 618815, 04/08/2015 at 09:04:09 AM, 1 OF 27, $141.00 Janice K. Vos Caudill -.tkin County, CO DRAWN OUTSIDE OF THE STATE OF COLORADO BY AND MAIL TO: Michael Weinberger, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, New York 10006 00'30-66*16 l._W 1 4tl41Â·eb COLLATERAL IS ORINCLUDES FIXTURES STATE OF COLORADO COUNTY OF PITKIN DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS. SECURITY AGREEMENT AND FIXTURE FILING This Deed of Trust, Assignment ofRents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (as amended from time to time, this"Deed ofTrust") is made, and is executed as ofApril 7, 2015, by 315 EAST DEAN ASSOCIATES, INC., a Delaware corporation (together with its permitted successors and permitted assigns, "Grantof'), whose address for all purposes hereunder is do Opt Asia Capital Company Limited 10th Floor, CRC Tower, All Seasons Place, 87 Wireless Road, Bangkok 10330, Thailand, to THE PUBLIC TRUSTEE FOR THE COLORADO COUNTY IN WIIICH THE PROPERTY IS LOCATED, as trustee ("Trustee"), for the benefit of GARFIELD SRA MORTGAGE INVESTMENT, LLC, a Delaware limited liability company (together with all of its successors and assigns, "Beneficiary"), whose address for all purposes hereunder is 100 Fillmore Street, Suite 600, Denver, Colorado 80206. ARTICLE 1 DEFINITIONS Section 1.1 Definitions. As used herein, the following terms shall have the following meanings: "Indebtedness": The sum ofall principal, interest and other amounts due from Grantor under, or secured by, the Loan Documents. "Loan Agreement": The Loan Agreement, dated as of the date hereof, by and between Beneficiary, as lender, and Grantor, as borrower, as the same may be amended, extended, renewed, supplemented or otherwise modified from time to time. [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 2 OF 27, . Janice K. Vos Caudill, 1 in County, CO "Loan Documents": The (1) Loan Agreement, (2) that certain promissory note, dated as of the date hereof, executed by Grantor pursuant to the Loan Agreement, in the maximum principal amount of $100,000,000 (as the same may be amended, restated, componentized, supplemented, modified, assigned in whole or in part, replaced and/or divided into multiple notes from time to time, the "Note" or "Notes", as applicable), (3) this Deed of Trust, (4) all other documents now or hereafter executed by Grantor, or any other person or entity to evidence or secure the payment of the Indebtedness and (5) all modifications, restatements, extensions, renewals and replacements of the foregoing. "Obligations": All of the agreements, covenants, conditions, warranties, representations and other obligations (other than to repay the Indebtedness) made or undertaken by Grantor under the Loan Documents. "Property": All of Grantor's right, title and interest in and to each ofthe following (whether now owned or hereafter acquired): (1) all fee, leasehold and reversionary interests of Mortgagor in the real property described on Exhibit A hereto (the "Units" or the "Real PropertÂ©, consisting of condominium units in the condominium known as Aspen Residence Club and Hotel Condominium and by the street address 315 East Dean Street, Aspen, Colorado, said Units being designated and described in a certain Declaration and Plan of Club Ownership made pursuant to the Colorado Common Interest Ownership Act, Article 33.3, Title 38, Colorado Revised Statutes, which declaration was recorded in the Pitkin County Recorder's Office on January 21, 2005, as Reception No. 506236 (the "Declaration"), (2) all materials, machinery, supplies, equipment, fixtures (including "fixtures"as defined in the UCC), apparatus and other items of personal property now owned or hereafter acquired by Grantor and now or hereafter attached to, installed in or used in connection with any of the Real Property, including any and all partitions, dynamos, window screens and shades, drapes, rugs and other floor coverings, awnings, motors, engines, boilers, furnaces, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatus and equipment, water tanks, swimming pools, heating, ventilating, plumbing, lighting, communications and elevator fixtures, laundry, incinerating, air conditioning and air cooling equipment and systems, gas and electric machinery and equipment, disposals, dishwashers, furniture, refrigerators and ranges, security systems, artwork, recreational and pool equipment and facilities of all kinds, water, gas, electrical, storm and sanitary sewer facilities of all kinds, and all other utilities whether or not situated in easements together with all accessions, replacements, betterments and substitutions for any ofthe foregoing (the "Fixtures"), (3) all goods, accounts, general intangibles, instruments, documents, accounts receivable, chattel paper, investment property, securities accounts and all other personal property of any kind or character, including such items of"personal property" as defined in the UCC, now owned or hereafter acquired by Grantor and now or hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Real Property or that may be used in or relating to the planning, development, financing or operation of the Real Property, including furniture, furnishings, equipment, machinery, money, insurance proceeds, condemnation awards, accounts, contract rights, causes of action, trademarks, goodwill, chattel paper, documents, trade 2 [NEWYORK 3023910_4] .RECEPTION#: 618815, 04/08/0015 at 09:04:09 AM, 3 OF 27, Janice K. Vos Caudill, P n County, CO names, licenses and/or franchise agreements, rights of Grantor under leases of Fixtures or other personal property or equipment, inventory, all refundable, returnable or reimbursable fees, deposits or other funds or evidenees of credit or indebtedness deposited by or on behalf of Grantor with any governmental authorities, boards, corporations, providers of utility services, public or private, including specifically, but without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs and all refunds, rebates or credits in connection with a reduction in real estate taxes and assessments against the Real Property as a result of tax certiorari or any applications or proceedings for reduction (the 'Personaltâ‚¬'), (4) all reserves, escrows or impounds required under the Loan Agreement and all deposit accounts (including tenant's security and cleaning deposits and deposits with respect to utility services) maintained by or on behalf of Grantor with respect to the Real Property, (5) to the extent assignable, all plans, specifications, shop drawings and other technical descriptions prepared for construction, repair or alteration of the Real Property, and all amendments and modifications thereof (together with any and all modifications, renewals, extensions and substitutions ofthe foregoing, the "Plans"), (6) allleasehold estates, leases, subleases, sub-subleases, licenses, concessions, occupancy agreements or other agreements (written or oral, now or at any time in effect and every modification, amendment or other agreement relating thereto, including every guarantee of the performance and observance ofthe covenants, conditions and agreements to be performed and observed by the other party thereto) that grant a possessory interest in, or the right to use or occupy, all or any part of the Real Property, together with all related security and other deposits (together with any and all modifications, renewals, extensions and substitutions of the foregoing, the "Leases"), (7) all of the rents, revenues, income, proceeds, issues, profits (including all oil or gas or other mineral royalties and bonuses), security and other types of deposits, and other benefits paid or payable and to become due or payable by parties to the Leases other than Grantor for using, leasing, licensing, possessing, occupying, operating from, residing in, selling or otherwise enjoying any portion or portions of the Real Property (including, without limitation, all revenues and credit card receipts collected from guest rooms, restaurants, bars, mini-bars, meeting rooms, banquet rooms and recreational facilities) (the 'tRents"), (8) the Approved Management Agreement, the Declaration and the other Condominium Documents and all other contracts and agreements in any way relating to, executed in connection with, or used in, the development, construction, use, occupancy, operation, maintenance, enjoyment, acquisition, management or ownership ofthe Real Property or the sale of goods or services produced in or relating to the Real Property (together with any and all modifications, renewals, extensions and substitutions ofthe foregoing, the "Property Agreements"), including all right, title and interest of Grantor in, to and under (a) all construction contracts, architects' agreements, engineers' contracts, utility contracts, letters of credit, escrow agreements, maintenance agreements, management, leasing and related agreements, parking agreements, equipment leases, service contracts, operating leases, catering and restaurant leases and agreements, agreements for the sale, lease or exchange of goods or other property, 3 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 4 OF 27, Janice K. Vos Caudill, ] in County, CO agreements for the perfonnance of services, permits, variances, licenses, certificates and entitlements, (b) all material agreements and instruments under which Grantor or any of its affiliates or the seller ofthe Property have remaining rights or obligations in respect of the acquisition of the Property or equity interests therein, (c) applicable business licenses, variances, entitlements, certificates, state health department licenses, liquor licenses, food service licenses, licenses to conduct business, certificates of need and all other permits, licenses and rights obtained from any Governmental Authority or private Person, (d) all rights of Grantor to receive monies due and to become due under or pursuant to the Property Agreements, (e) all claims of Grantor for damages arising out of or for breach of or default under the Property Agreements, (f) all rights of Grantor to terminate, amend, supplement, modify or waive performance under the Property Agreements, to compel performance and otherwise to exercise all remedies thereunder, and, with respect to Property Agreements that are letters of credit to make any draws thereon, and (g) to the extent not included in the foregoing: all cash and non-cash proceeds, products, offspring, rents, revenues, issues, profits, royalties, income, benefits, additions, renewals, extensions, substitutions, replacements and accessions of and to any and all of the foregoing, (9) to the extent assignable, all rights, privileges, titles, interests, liberties, tenements, hereditaments, rights-of-way, easements, sewer rights, water, water courses, water rights and powers, air rights and development rights, licenses, permits and construction and equipment warranties, appendages and appurtenances appertaining to the foregoing, and all right, title and interest, if any, of Grantor in and to any streets, ways, alleys, underground vaults, passages, strips or gores of land adjoining the Real Property or any part thereof, (10) all accessions, replacements, renewals, additions and substituti(ms for any of the foregoing and all proceeds thereof, (11) all insurance policies, uneamed premiums therefor and proceeds from such policies, including the right to receive and apply the proceeds of any insurance, judgments or settlements made in lieu thereof, covering any of the above property now or hereafter acquired by Grantor, (12) all minerals and mineral rights and, without limiting the foregoing, all oil, coal, gas and coalbed methane and all related rights, and all riparian, littoral and water rights, in each case now owned or hereafter acquired and relating to all or any part of the Real Property, (13) any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Real Property, Fixtures or Personalty, and (14) all after acquired title to or remainder or reversion in any of the property (or any portion thereof) described herein. "UCC" means the Uniform Commercial Code (or any similar or equivalent legislation) as in effect in the jurisdiction in which the Real Property is located. Capitalized tenns used herein but not otherwise defined shall have the respective meanings ascribed to such tenns in the Loan Agreement. 4 [NEWYORK 3023910_4] , RECEPTION#: 618815, 04/0811015 at 09:04:09 AM, 5 OF 27, Janice K. Vos Caudill, P .n County, CO ARTICLE 2 HABENDUM Section 2.1 Grant. To secure in part the full and timelypayment of the Indebtedness and the full and timely performance of the Obligations, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor HAS MORTGAGED, GIVEN, GRANTED, BARGAINED, SOLD, TRANSFERRED, WARRANTED, PLEDGED, ASSIGNED and CONVEYED, and does hereby MORTGAGE, GIVE, GRANT, BARGAIN, SELL, TRANSFER, WARRANT, PLEDGE, ASSIGN and CONVEY to Trustee, its heirs, successors and assigns, IN TRUST, WITH POWER OF SALE, the Property, TO HAVE AND TO HOLD all of the Property unto and to Trustee, its heirs, successors and assigns, IN TRUST WITH POWER OF SALE, for the use and benefit of Beneficiary, its heirs, successors and assigns in fee simple forever, and Grantor does hereby bind itself, its heirs, successors and assigns to WARRANT AND FOREVER DEFEND (i) the title to the Property unto Grantee and its heirs, successors and assigns, subject only to Permitted Encumbrances and (ii) the validity and priority of the Liens of this Deed of Trust, subject only to Pennitted Encumbrances, in each case against the claims of all Persons whomsoever. THIS CONVEYANCE IS MADE IN TRUST, that if Grantor shall pay and perform or cause to be paid and performed all ofthe Indebtedness and Obligations in accordance with the tenns of the Loan Documents, then this conveyance shall be null and void and may be canceled of record at the request and cost of Grantor, which cost Grantor hereby agrees to pay; provided, however, that if, at any time, there shall be any Event of Default, then Beneficiary and Trustee shall be entitled to exercise the remedies set forth in Article 3 below. ARTICLE 3 DEFAULT AND FORECLOSURE Section 3.1 Remedies. If an Event of Default is continuing, Beneficiary may, at Beneficiary's election and by or through Trustee or otherwise, take such action permitted at law or in equity, without notice or demand (except as explicitly provided in the Loan Agreement), as it deems advisable to protect and enforce its rights against Grantor and to the Property, including but not limited to, any or all ofthe following rights, remedies and recourses each of which may be pursued concurrently or otherwise, at such time and in such order as Beneficiary may detennine, in its sole discretion, without impairing or otherwise affecting the other rights and remedies of Beneficiary: (a) Acceleration. Declare the Indebtedness to be immediately due and payable, without further notice, presentment, protest, notice of intent to accelerate, notice of acceleration, demand or action of any nature whatsoever (each ofwhich hereby is expressly waived by Grantor (except as provided in the Loan Agreement)), whereupon the same shall become immediately due and payable. (b) Entry on Property. Enter the Property and take exclusive possession thereof and of all books, records and accounts relating thereto. If Grantor remains inpossession ofthe 5 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/I 015 at 09:04:09 AM, 6 OF 27, Janice K. Vos Caudill, ] in County, CO Property after the occurrence and during the continuance of an Event of Default and without Beneficiary's prior written consent, Beneficiary may invoke any legal remedies to dispossess Grantor. (c) Operation of Property. Whether or not a receiver has been appointed pursuant to Section 3.1(e) hereof, hold, lease, develop, manage, operate, control and otherwise use the Property upon such terms and conditions as Beneficiary may deem reasonable under the circumstances (making such repairs, alterations, additions and improvements and taking other actions, from time to time, as Beneficiary deems reasonably necessary or desirable), exercise all rights and powers of Grantor with respect to the Property, whether in the name of Grantor or otherwise, including the right to make, cancel, enforce or modify leases, obtain and evict tenants, and demand, sue for, collect and receive all Rents, and apply all Rents and other amounts collected by Beneficiary in connection therewith in accordance with the provisions of Section 3.7 hereof. (d) Foreclosure and Sale. Institute proceedings for the complete foreclosure of this Deed of Trust, either by judicial action or by exercise ofthe STATUTORY POWER OF SALE or otherwise, in which case the Property may be sold for cash or credit in one or more parcels or in several interests or portions and in any order or manner in accordance with applicable law governing foreclosures. At any such sale by virtue of any judicial proceedings or any other legal right, remedy or recourse including power of sale, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other persons claiming or to claim the property sold or any part thereof, by, through or under Grantor. Beneficiary may be a purchaser at such sale and if Beneficiary is the highest bidder, may credit the portion of the purchase price that would be distributed to Beneficiary against the Indebtedness in lieu of paying cash. At any such sale (A) whether made under the power herein contained, the UCC, any other legal requirement or by virtue of any judicial proceedings or any other legal right, remedy or recourse, including power of sale, it shall not be necessary for Trustee to be physically present at or to have constructive possession ofthe Property (Grantor shall deliver to Trustee any portion of the Property not actually or constructively possessed by Trustee immediately upon demand by Trustee), and the title to and right ofpossession of any such property shall pass to the purchaser thereof, as completely as if Trustee had been actually present and delivered to purchaser at such sale, (B) each instrument of conveyance executed by Trustee shall contain a general warranty of title, binding upon Grantor, (C) each recital contained in any instrument of conveyance made by Trustee shall conclusively establish the truth and accuracy of the matters recited therein, includ' _ without limitation, nonpayment ofthe Indebtedness, advertisement and conduct of such sale in the manner provided herein and otherwise by law, and appointment of any successor Trustee hereunder, (D) any prerequisites to the validity of such sale shall be conclusively presumed to have been performed, and (E) the receipt of Trustee or other party making the sale shall be a sufficient discharge to the purchaser or purchasers for his/her/their purchase money and no such purchaser or purchasers, or his/her/their assigns or personal representatives, shall thereafter be obligated to see to the application of such purchase money or be in any way answerable for any loss, misapplication or nonapplication thereof. With respect to any notices required or pennitted under the UCC, 6 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/08'2015 at 09:04:09 AM, 7 OF 27, Janice K. Vos Caudill, P .n County, CO Grantor agrees that ten (10) Business Days' prior written notice shall be deemed commercially reasonable. (e) Receiver. Prior to, concurrently with, or subsequent to the institution of foreclosure proceedings, make application to a court of competent jurisdiction for, and (to the extent permitted by applicable law) obtain from such court as a matter of strict right and without notice to Grantor or anyone claiming under Grantor or regard to the value of the Property or the solvency or insolvency of Grantor or the adequacy of any collateral for the repayment of the Indebtedness or the interest of Grantor therein, tile appointment of a receiver or receivers ofthe Property, and Grantor irrevocably consents to such appointment. Any such receiver or receivers shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Property upon such tenns as may be approved by the court, and shall apply such Rents in accordance with the provisions of Section 3.7 hereof. (f) Other. Exercise all other rights, remedies and recourses granted under the Loan Documents or otherwise available at law or in equity (including an action for specific performance ofany covenant contained in the Loan Documents, or a judgment on the Notes either before, during or after anyproceeding to enforce this Deed of Trust) (g) Liquor Licenses. Grantor shall cooperate with Beneficiary to (i) facilitate the orderly transfer (to the fullest extent permitted by applicable laws) to Beneficiary or its designee of allliquor license permits in respect ofthe Property and (ii) enable the continued provision of alcoholic beverages and operation of liquor services at the Property without interruption, in each case, until such time as Beneficiary or its designee shall have obtained such Permits. If any other party is the holder of the liquor license permits in respect of the Property, either as of the date hereof or subsequent to the date hereof, Grantor shall use commercially reasonable efforts to cause such party to deliver to Beneficiary in writing an agreement to abide by the foregoing. Section 3.2 Separate Sales. In connection with the exercise by Beneficiary or Trustee of its rights and remedies hereunder, the Property may be sold in one or more parcels and in such manner and order as Beneficiary in its sole discretion, may elect, subject to applicable law; the right of sale arising outof any Event ofDefault shall notbe exhausted by any one or more sales. Section 3.3 Remedies Cumulative, Concurrent and Nonexclusive. Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against Grantor, or against the Property, or against any one or more of them, at the sole discretion of Beneficiary, (c) maybe exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any ofthem shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Beneficiary or Trustee in the enforcement of any rights, remedies or reeourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event ofDefault. 7 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 8 OF 27, Janice K. Vos Caudill, 1 in County, CO Section 3.4 Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Property, any part of the Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interests created in or evidenced by the Loan Documents or their stature as a first and prior lien and security interest in and to the Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect. Section 3.5 Waiver of Redemption. Notice and Marshaling ofAssets. To the fullest extent permitted by law, Grantor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Grantor by virtue of any present or future statute of limitations or "moratorium law" or other law or judicial decision exempting the Property or any part thereof, or anypart ofthe proceeds arising from any sale of any such property, from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption reinstatement (to the extent permitted by Iaw) or extension of time for payment, (b) any right to a marshaling of assets or a sale in inverse order of alienation, and (c) any and all rights it may have to require that the Property be sold as separate tracts or units in the event of foreclosure. Section 3.6 Discontinuance of Proceedings. If Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted under the Loan Documents and shall thereafter elect to discontinue or abandon it for any reason, Beneficiary shall have the unqualified right to do so and, in such an event, Grantor and Beneficiary shall be restored to their former positions with respect to the Indebtedness, the Obligations, the Loan Documents, the Property and otherwise, and the rights, remedies, recourses and powers of Beneficiary shall continue as if the light, remedy or recourse had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default that may then exist or the right of Beneficiary thereafter to exercise any right, remedy or recourse under the Loan Documents for such Event of Default. Section 3.7 Application of Proceeds. Except as otherwise provided in the Loan Documents and unless otherwise required by applicable law, the proceeds of any sale of the Property pursuant to Section 3 hereof, and the Rents and other amounts generated by the holding, leasing, management, operation or other use of the Property, shall be applied by Beneficiary or Trustee (or the receiver, if one is appointed) in the following order or in such other order as Beneficiary shall determine in its sole discretion: (a) to the payment of the reasonable costs and expenses of taking possession of the Property and of holding, using, leasing, repairing, improving and selling the same, including (1) receiver's fees and expenses, (2) court costs, (3) reasonable attorneys', accountants', appraisers', environmental consultants', engineers' and other experts' fees and expenses, (4) costs of advertisement, (5) costs of procuring title searches, title policies and similar reasonable data and assurance with respect to title, (6) the payment of all applicable transfer taxes and mortgage recording taxes, and (7) the payment of all ground rent, real estate taxes and assessments then due and payable; (b) to the payment of all amounts, other than the unpaid principal balance of the Notes and accrued but unpaid interest, which may be due under the Loan Documents; 8 LNEWYORK 3023910_4] RECEPTION#: 618815, 04/08 "015 at 09:04:09 AM, 9 OF 27, Janice K. Vos Caudill, P -n County, CO (c) to the payment of the Indebtedness and performance of the Obligations in such manner and order of preference as Beneficiary in its sole discretion may determine; and (d) the balance, if any, to the payment ofthe Persons legally entitled thereto. If Beneficiary shall be ordered, in connection with any bankruptcy, insolvency or reorganization o f Grantor, to restore or repay to or for the account of Grantor or its creditors any amount theretofore received under this Section 3.7, the amount of such restoration or repayment shall be deemed to be a part of the Indebtedness so as to place Beneficiary in the same position it would have been in had such amount never been received by Beneficiary. Section 3.8 Occupancv After Foreclosure. The purchaser at any foreclosure sale pursuant to Section 3.1(d) shall become the legal owner of the Property. All occupants of the Property shall, at the option of such purchaser, become tenants of the purchaser at the foreclosure sale and shall deliver possession thereof immediately to the purchaser upon demand. It shall not be necessary for the purchaser at said sale to bring any action for possession of the Property other than the statutory action of forcible detainer in any court having jurisdiction over the Property. Section 3.9 Additional Advances and Disbursements: Costs of Enforeement. If any Event of Default is continuing: Beneficiary shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Grantor. All sums advanced and expenses incurred at any time by Beneficiary under this Section, or otherwise under this Deed of Trust or any ofthe other Loan Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred, to and including the date ofreimbursement computed at the Default Rate, and all such sums, together with interest thereon, shall constitute additions to the Indebtedness and shall be secured by this Deed of Trust and Grantor covenants and agrees to pay them to the order ofBeneficiary promptly upon demand. Section 3.10 No Beneficiary in Possession. Neither the enforcement of any of the remedies under this Article 3, the assignment of the Rents and Leases under Article 4, the collateral assignment of the Property Agreements under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the I,oan Documents, at law or in equity shall cause Beneficiary to be deemed or construed to be a mortgagee in possession of the Property, to obligate Beneficiary to lease the Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise. Grantor shall, and hereby agrees to indemnify Beneficiary for, and to hold Beneficiary harmless from and against, any and all claims, liability, expenses, losses or damages which may or might be asserted against or incurred by Beneficiary, as the case may be, solely by reason of Beneficiary's status as an assignee pursuant to the assignment of Rents and Leases contained herein, but excluding any claim to the extent ofBeneficiary's gross negligence or willful misconduct. Should Beneficiary incur any such claim, liability, expense, loss or damage, the amount thereof, including all actual expenses and reasonable fees of attorneys, shall constitute Indebtedness secured hereby, and Grantor shall reimburse Beneficiary, as the case may be, therefor immediately upon demand. 9 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 10 OF 27, Janice K. Vos Caudill, 1 in County, CO ARTICLE 4 ASSIGNMENT OF RENTS AND LEASES Section 4.1 Assignment. Grantor does hereby presently, absolutely and unconditionally assign to Beneficiary, Grantor's right, title and interest in all current and future Leases and the absolute, unconditional and continuing right to receive and collect all Rents, it being intended by Grantor that this assignment constitutes a present, outright, immediate, continuing and absolute assignment and not an assignment for additional security only. Such assignment to Beneficiary shall not be construed to bind Beneficiary to the performance of any of the covenants, conditions or provisions contained in any such Lease or otherwise impose any obligation upon Beneficiary. Beneficiary shall have no responsibility on account of this assignment for the control, care, maintenance, management or repair of the Property, for any dangerous or defective condition of the Property, or for any negligence in the management, upkeep, repair or control of the Property. Grantor agrees to execute and deliver to Beneficiary such additional instruments, in form and substance satisfactory to Beneficiary, as may hereafter be reasonably requested by Beneficiary to further evidence and confirm such assignment. Section 4.2 License. Notwithstanding that Grantor hereby presently grants to Beneficiary an outright, immediate, continuing and absolute assignment of the Rents and Leases and not merely the collateral assignment of, or the grant of a lien or security interest in, the R.ents and Leases, Beneficiary hereby grants to Grantor and its successors and not to any tenant or any other person, a revocable license to collect and receive the Rents and to retain, use and enjoy the same and otherwise exercise all rights as landlord under any Lease, in each case subject to the terms hereof and ofthe Loan Agreement. During the continuance of any Event of Default, (i) the license granted herein to Grantor shall immediately and automatically cease and tenninate and shall be void and of no further force or effect, (ii) Beneficiary shall immediately be entitled to possession of all Rents (whether or not Beneficiary enters upon or takes control ofthe Property) and (iii) at the request of Beneficiary, Grantor shall notify in writing all tenants and subtenants under any ofthe Leases that all Rent due thereunder should be pid to Beneficiary at its address set forth in the Loan Agreement, or at such other place as Beneficiary shall notify Grantor in writing; provided that, if such Event of Default ceases to exist, the license described in the foregoing clause (i) shall automatically be reinstated and Beneficiary shall no longer be entitled to possession of the Rents except as otherwise provided herein (including during the continuance of an Event ofDefault). Notwithstanding said license, Grantor agrees that Beneficiary, and not Grantor, shall be deemed to be the creditor of each tenant or subtenant under any Lease in respect to assignments for the benefit of creditors and bankruptcy, reorganization, insolvency, dissolution or receivership proceedings affecting such tenant or subtenant (without obligation on the part of Beneficiary, however, to file or make timely filings of claims in such proceedings or otherwise to pursue creditors' rights therein), with an option to apply in accordance with the Loan Documents any money received from such tenant or subtenant in reduction of any amounts due under the Loan Documents. During the continuance of an Event of Default, any portion ofthe Rents held by Grantor shall be held in trust for the benefit of Beneficiary for use in the payment ofthe Indebtedness. Section 4.3 Certain Rights of Beneficiary. Subject to the revocable license granted above, during the continuance of an Event of Default, Beneficiary shall have the 10 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/08'-015 at 09:04:09 AM, 11 OF 27, Janice K. Vos Caudill, P .n County, CO immediate and continuing right, power and authority, either in person or by agent, without bringing any action or proceeding, or by a receiver appointed by a court, without the necessity of taking possession of the Property in its own name, and without the need for any other authorization or action by Grantor or Beneficiary, in addition to and without limiting any of Beneficiary's rights and remedies hereunder, under the Loan Agreement and any other Loan Documents and as otherwise available at law or in equity, (a) to notify any tenant or other person that the Leases have been assigned to Beneficiary and that all Rents are to be paid directly to Beneficiary, whether or not Beneficiary has commenced or completed foreelosure or taken possession ofthe Property; (b) to settle, compromise, release, extend the time ofpayment of, and make allowances, adjustments and discounts of any Rents or other obligations in, to and under the Leases; (c) to demand, sue for, collect, receive and enforce payment of Rents, including those past-due and unpaid and other rights under the Leases, prosecute any action or proceeding, and defend against any claim with respect to the Rents and Leases; (d) to enter upon, take possession of and operate the Property whether or not foreclosure under this Deed ofTrust has been instituted and without applying for a receiver; (e) to lease all or anypart of the Property; and/or (f) to perform any and all obligations of Grantor under the Leases and exercise any and all rights of Grantor therein contained to the full extent ofGrantor's rights and obligations thereunder. Section 4.4 Irrevocable Instructions to Tenants. At Beneficiary's request, Grantor shall deliver a copy of the relevant provisions governing the assignment of Rents from this Deed of Trust to each tenant under a Lease and to each manager and managing agent or operator of the Property, and Beneficiary shall have the continuing right to do so. Grantor irrevocably directs any tenant, manager, managing agent, or operator of the Property, without any requirement for notice to or consent by Grantor, to comply with all demands of Beneficiary under this Article 4 and to turn over to Beneficiary on demand all Rents that it receives. Grantor hereby acknowledges and agrees that payment of any Rents by a person to Beneficiary as hereinabove provided shall constitute payment by such person, as fully and with the same effect as if such Rents had been paid to Grantor. Beneficiary is hereby granted and assigned by Grantor the right, at its option, upon revocation of the license granted herein, upon an Event of Default that is continuing, to enter upon the Property in person or by agent, without bringing any action or proceeding, or by court-appointed receiver to collect the Rents. Any Rents collected after the revocation of the license shall be applied in accordance with the provisions of the Loan Agreement. Neither the enforcement of any of the remedies under this Article 4 nor any other remedies or security interests afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary to be deemed or construed to be a mortgagee in possession of the Property, to obligate Beneficiary to lease the Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise. Grantor shall, and hereby agrees to indemnify Beneficiary for, and to hold Beneficiary harmless from and against, any and all claims, liability, expenses, losses or damages that may or might be asserted against or incurred by Beneficiary solely by reason of Beneficiary's status as an assignee pursuant to the assignment of Rents and Leases contained herein, but excluding any claim to the extent caused by Beneficiary's gross negligence or willful misconduct. Should Beneficiary incur any such claim, liability, expense, loss or damage, the amount thereof, including all actual expenses and reasonable fees of attorneys incurred by Beneficiary, shall constitute Indebtedness secured hereby, and Grantor shall reimburse Beneficiary therefor within 10 Business Days after demand. 11 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 12 OF 27, Janice K. Vos Caudill, ] in County, CO Section 4.5 Unilateral Subordination. Beneficiary may, at any time and from time to time by specific written instrument intended for the purpose, unilaterally subordinate the lien of this Deed of Trust to any Lease, without joinder or consent of, or notice to, Grantor, any tenant or any other person, and notice is hereby given to each tenant u.nder a Lease of such right to subordinate. No such subordination shall constitute a subordination to any lien or other encumbrance, whenever arising, or improve the right of any junior lienholder; and nothing herein shall be construed as subordinating this Deed of Trust to any Lease. ARTICLE 5 COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS Section 5.1 Collateral Assignment. Grantor does hereby collaterally assign and pledge to Beneficiary, Grantor's right, title and interest in, to and under all current and future Property Agreements. Such collateral assignment to Beneficiary shall not be construed to bind Beneficiary to the performance of any of the covenants, conditions or provisions contained in any such Property Agreement or otherwise impose any obligation upon Beneficiary. Grantor agrees to execute and deliver to Beneficiary such additional instruments, in form and substance reasonably satisfactory to Beneficiary, as may hereafter be reasonably requested by Beneficiary to further evidence and confirm such collateral assignment. Section 5.2 Retained Rights of Grantor. Subject to the other provisions of this Article 5 and the provisions of the other Loan Documents, for so long as no Event of Default shall be continuing, Grantor may exercise all of its rights and privileges under the Property Agreements and shall have the exclusive right and authority to deal with, enjoy the benefit under, grant any consents and approvals under, and amend, modify or terminate, such Property Agreements, collect, receive and retain for its own benefit all monies due or to become due under such Property Agreements, sue and enforce all claims of Grantor for damages arising under such Property Agreements, and retain for its own benefit all items described in clause Cd) of paragraph Â£81 of the definition of "Property" above, if and to the extent not prohibited by the Loan Agreement orthe other Loan Documents. During the continuance of any Event ofDefault, the rights of Grantor described in this Section shall immediately and automatically cease and terminate and shall be void and ofno further force or effect. During the continuance of an Event of Default, any amounts held by Grantor as a party to the Property Agreements shall be held in trust for the benefit of Beneficiary for use in the payment of the Indebtedness. Section 5.3 Exercise of Assigned Rights. Grantor hereby irrevocably directs the grantor or licensor of, or the contracting party to, any Property Agreement, upon demand from Beneficiary, to recognize and accept Beneficiary as the party to such Property Agreement for any and all purposes as fully as it would recognize and accept Grantor and the perfonnance of Grantor thereunder; provided, that Beneficiary hereby covenants to Grantor that it will not make such demand except during the continuance of an Event of Default. During the continuance, of an Event of Default, without further notice or demand and at Grantor's sole cost and expense, Beneficiary shall be entitled to exercise all rights of Grantor arising under the Property Agreements. Grantor hereby acknowledges and agrees that payment of any amounts owing under any Property Agreement by a person to Beneficiary as hereinabove provided shall constitute payment by such person, as fully and with the same effect as if such amounts had been 12 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0-'r015 at 09:04:09 AM, 13 OF 27, Janice K. Vos Caudill, I in County, CO paid to Grantor. Any amounts collected during the continuance of an Event of Default shall be applied in accordance with the provisions of the Loan Agreement. At Beneficiary's request, Grantor shall deliver a copy of the relevant provisions concerning Property Agreements from this Deed of Trust to each grantor or licensor of or the contracting party to a Property Agreement, and Beneficiary shall have the continuing right to do so. Section 5.4 Indemnity. Grantor shall, and hereby agrees to indemnify Beneficiary for, and to hold Beneficiary harmless from and against, any and all claims, liability, expenses, losses or damages which may or might be asserted against or incurred by Beneficiary solely by reason of Beneficiary's status as an assignee pursuant to the collateral assignment of Property Agreements contained herein, but excluding any claim to the extent caused by Beneficiary's gross negligence or willful misconduct, or any claim arising as a result of an act or omission of Beneficiary after the date on which beneficiary has taken actual possession of the Property pursuant to an exercise of its rights and remedies hereunder. Should Beneficiary incur any such claim, liability, expense, loss or damage, the amount thereof, including all actual expenses and reasonable fees of attorneys incurred by Beneficiary, shall constitute Indebtedness secured hereby, and Grantor shall reimburse Beneficiary therefor 10 Business Days after demand. Section 5.5 Property Agreement Covenants. (a) Grantor shall perform and observe, in a timely manner, all of the covenants, conditions, obligations and agreements of Grantor under the Property Agreements and shall suffer or permit no delinquency on its part to exist thereunder if such action is prohibited by the Loan Agreement, or would have a Material Adverse Effect. (b) Grantor shall not (i) sell, assign, transfer, mortgage or pledge any Property Agreement or any such right or interest under any Property Agreement or (ii) cancel, terminate, amend, supplement or modify any Property Agreement, in either case, if such action is prohibited by the Loan Agreement or would have a Material Adverse Effect. (c) Grantor shall exercise reasonable efforts to enforce or secure the performance of each and every obligation, covenant condition and agreement to be performed by the franchisor, manager, licensor, grantor or other contracting party under the Property Agreements, if the failure to take such action would have a Material Adverse Effect. ARTICLE 6 SECURITY AGREEMENT Section 6.1 Security Interest. This Deed of Trust constitutes both a real property mortgage and a "Security Agreement" on personal property within the meaning of the UCC and other applicable law and with respect to the Personalty, Fixtures, Plans, Leases, Rents and Property Agreements (said portion ofthe Property subject to the UCC, the "Collateral"). The Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Grantor in the Property. Grantor, by executing and delivering this Deed of Trust, hereby grants to Beneficiary, a first and prior security interest in the 13 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 14 OF 27, Janice K. Vos Caudill, P in County, CO Personalty, Fixtures, Plans, Leases, Rents and Property Agreements and all other Property that is personal property to secure the payment of the Indebtedness and performance of the Obligations, and agrees that Beneficiary shall have all the rights and remedies of a secured party under the UCC with respect to such property including, without limiting the generality of the foregoing, the right to take possession of the Collateral or any part thereof, and to take such other measures as Beneficiary may deem necessary for the care, protection and preservation of the Collateral. During the continuance of an Event of Default, upon request or demand of Beneficiary, Grantor shall at its expense assemble the Collateral and make it available to Beneficiary at the Property. During the continuance of an Event of Default, Grantor shall pay to Beneficiary on demand any and all expenses, including actual reasonable legal expenses and attorneys' fees, incurred or paid by Beneficiary in protecting the interest in the Collateral and in enforcing the rights hereunder with respect to the Collateral. Any notice of sale, disposition or other intended action by Beneficiary with respect to the Collateral sent to Grantor in accordance with the provisions hereof at least 10 Business Days prior to such action, shall constitute commercially reasonable notice to Grantor. The proceeds of any disposition of the Collateral, or any part thereof, shall, except as otherwise required by law, be applied by Beneficiary in accordance with Section 3.7 hereof. Section 6.2 Further Assurances. Grantor shall execute and deliver to Beneficiary and/or file, in form and substance reasonably satisfactory to Beneficiary, such further statements, documents and agreements, financing statements, continuation statements, and such further assurances and instruments, and do such further acts, as Beneficiary may, from time to time, reasonably consider necessary, desirable or proper to create, perfect and preserve Beneficiary's security interest hereunder and to carry out more effectively the purposes of this Deed of Trust, and Beneficiary may cause such statements and assurances to be recorded and filed, at such times and places as may be required or permitted by law to so create, perfect and preserve such security interest; provided that such further statements, documents, agreements, assurances, instruments and acts do not increase the liability or obligations or decrease the rights of Grantor from those provided for in the Loan Documents. Grantor hereby irrevocably authorizes Beneficiary to file UCC financing statements in each jurisdiction that Beneficiary deems necessary or desirable in its sole discretion in order to perfect the security interests in all or any portion of the Collateral. Such financing statements may indicate or describe the Collateral in any manner Beneficiary chooses, including, without limitation, describing such collateral as "all assets of debtor, whether now owned or hereafter acquired," "all personal property of debtor, whether now owned orhereafter acquired" or using words of similar import. As ofthe date hereof, Grantor's chief executive office and principal place of business is at the address set forth in the first paragraph of this Deed of Trust, and Grantor shall promptly notify Beneficiary of any change in such address. Section 6.3 Fixture Filing. This Deed ofTrust shall also constitute a "fixture filing" for the purposes of the UCC upon all of the Property that is or is to become "fixtures" (as that tenn is defined in the UCC), upon being filed for record in the real estate records of the city or county wherein such fixtures are located. Information concerning the security interest herein granted may be obtained at the addresses ofDebtor (Grantor) and Secured Party (Beneficiary) as set forth in the first paragraph of this Deed of Trust. 14 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/08 Â»015 at 09:04:09 AM, 15 OF 27, Janice K. Vos Caudill, P .n County, CO ARTICLE 7 MISCELLANEOUS Section 7.1 Notices. Any notice required or pennitted to be given under this Deed of Trust shall be given in the manner described in the Loan Agreement, except that the Trustee shall receive notice in accordance with applicable law. Section 7.2 Covenant Running with the Land. All representations, warranties, covenants and Obligations contained in the Loan Agreement are incoiporated herein by this reference and, to the extent relating to the Property, are intended by the parties to be, and shall be construed as, covenants running with the land. All persons or entities who may have or acquire an interest in the Property shall be deemed to have notice of, and be bound by, the tenns ofthe Loan Agreement and the other Loan Documents; however, no such party shall be entitled to any rights thereunder without the prior written consent of Beneficiary. Section 7.3 Attorney-in-Fact. Grantor hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney-in-fact, which appointment is irrevocable and coupled with an interest, during the continuance of an Event of Default (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest, if Grantor shall fail to do so within 10 days after written request by Beneficiary, (b) to the extent pennitted by law, upon the issuance of a deed or assignment of lease pursuant to the foreclosure of this Deed of Trust or the delivery of a deed or assignment of lease in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Personally, Fixtures, Plans and Property Agreements in favor of the grantee of any such deed or the assignee of any such assignment of lease and as may be necessary or desirable for such purpose, (c) to prepare, execute and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve Beneficiary's security interests and rights in or to any of the Collateral, and (d) to perform any obligation of Grantor hereunder; however: (1) Beneficiary shall not under any circumstances be obligated to perform any obligation of Grantor; (2) any sums advanced by Beneficiary in such performance shall be included in the Indebtedness and shall bear interest at the Default Rate; (3) Beneficiary as such attorney-in-fact shall only be accountable for such funds as are actually received by Beneficiary; and (4) Beneficiary shall not be liable to Grantor or any other person or entity for any failure to take any action that it is empowered to take under this Section 7.3. Section 7.4 Successors and Assigns. This Deed of Trust shall be binding upon and inure to the benefit of Beneficiary and Grantor and their respective successors and assigns. Section 7.5 No Waiver. Any failure by Beneficiary to insist upon strict performance of any of the tenns, provisions or conditions of the Loan Documents shall not be deemed to be a waiver of same, and Beneficiary shall each have the right at any time to insist upon strict performance of all of such terms, provisions and conditions. Section 7.6 Subrogation. To the extent proceeds of the Notes have been used to extinguish, extend or renew any indebtedness against the Property, then Beneficiary shall be 15 [NEWYORK 3023910_41 RECEPTION#: 618815, 04/( 015 at 09:04:09 AM, 16 OF 27, Janice K. Vos Caudill, 1 in County, CO subrogated to all of the rights, liens and interests existing against the Property and held by the holder of such indebtedness and shall have the benefit ofthe priority of all of the same, and such former rights, liens and interests, if any, are not waived, but are continued in full force and effect in favor ofBeneficiary. Section 7.7 Loan Agreement. If any conflict or inconsistency exists between this Deed o f Trust and the Loan Agreement, the Loan Agreement shall govern. Section 7.8 Release. Upon payment in full ofthe Indebtedness and performance in full of all of the outstanding Obligations, the estate hereby granted shall cease, terminate and be void and Beneficiary, at Grantor's expense, shall release the liens and security interests created by this Deed of Trust or assign this Deed of Trust, in each case in accordance with the Loan Agreement. Section 7.9 Waiver of Stav. Moratorium and Similar Rights. Grantor agrees, to the full extent that it may lawfully do so, that it will not at any time insist upon or plead or in any way take advantage of, and hereby waives, any appraisement, valuation, stay, marshaling of assets, exemption, extension, redemption or moratorium law now or hereafter in force and effect so as to prevent or hinder the enforcement of the provisions of this Deed of Trust or the indebtedness secured hereby, or any agreement between Grantor and Beneficiary or any rights or remedies of Beneficiary. Section 7.10 Waiver of Jury Trial: Consent to Jurisdiction. (a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GRANTOR AND, BY ITS ACCEPTANCE HEREOF, BENEFICIARY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS DEED OF TRUST, ANY OTHER LOAN DOCUMENT, OR ANY DEALINGS, CONDUCT, STATEMENTS (WHETHER VERBAL OR WRIMEN) OR ACTIONS BY ErrHER OF THEM RELATING TO THE SUBJECT MATTER OF THIS DEED OF TRUST. THE SCOPE OF THIS WAIVER IS INTENDED TO ENCOMPASS ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. GRANTOR AND, BY ]TS ACCEPTANCE HEREOF, BENEFICIARY ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS DEED OF TRUST. GRANTOR AND, BY ITS ACCEPTANCE HEREOF, BENEFICIARY FURTHER WARRANT AND REPRESENT THAT IT HAS REVIEWED THIS WAIVER Wn'H ITS LEGAL COUNSEL, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS DEED OF TRUST, OR ANY OTHER LOAN DOCUMENTS OR AGREEMENTS REIATING TO THIS DEED OF TRUST. IN THE EVENT OF LITIGATION, THIS DEED OF TRUST MAY BE FILED AS A WRnTEN CONSENT TO A TRIAL BY THE COIJRT. 16 [NEWYORK 30239 IQ_41 RECEPTION#: 618815, 04/0- Â»015 at 09:04:09 AM, 17 OF 27, Janice K. Vos Caudill, I in County, CO (b) GRANTOR AND, BY ITS ACCEPTANCE HEREOF, BENEFICIARY HEREBY CONSENT FOR THEMSELVES AND GRANTOR HEREBY CONSENTS IN RESPECT OF ITS PROPERTIES, GENERALLY, UNCONDITIONALLY AND IRREVOCABLY, TO THE NONEXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS IN THE STATE OF NEW YORK WITH RESPECT TO ANY PROCEEDING RELATING TO AnT MATIER, CLAIM OR DISPUTE ARISING UNDER THE LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED TIIEREBY. GRANTOR AND, BY ITS ACCEPTANCE HEREOF, BENEFICIARY FURTHER CONSENT, GENERALLY, UNCONDITIONALLY AND ]RREVOCABLY, TO THE NONEXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE IN WHICH ANY OF THE COLLATERAL IS LOCATED IN RESPECT OF ANY PROCEEDING RELATING TO ANY MATTER, CLAIM OR DISPUTE ARISING WITH RESPECT TO SUCH COLLATERAL. GRANTOR AND BENEFICIARY FURTHER IRREVOCABLY CONSENT TO THE SERVICE OF PROCESS BY MAIL, PERSONAL SERVICE OR IN ANY OTHER MANNER PERMIrTED BY APPLICABLE LAW, GENERALLY, UNCONDITIONALLY AND IRREVOCABLY, AT THE ADDRESSES SET FORTH IN SECTION 9.4 OF THE LOAN AGREEMENT IN CONNECTION WITH ANY OF THE AFORESAID PROCEEDINGS IN ACCORDANCE WITH THE RULES APPLICABLE TO SUCH PROCEEDINGS. TO THE EXTENT PERMnTED BY APPLICABLE LAW, GRANTOR AND, BY ITS ACCEPTANCE HEREOF, BENEFICIARY HEREBY IRREVOCABLY WAIVE ANY- OBJECTION THAT THEY MAY NOW HAVE OR HAVE IN THE FUTURE TO THE LAYING OF VENUE IN RESPECT OF ANY OF THE AFORESAID PROCEEDINGS BROUGHT IN THE COURTS REFERRED TO ABOVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF BENEFICIARY TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW OR TO COMMENCE PROCEEDINGS OR OTHERWISE PROCEED AGAINST GRANTOR IN ANY JURISDICTION. Section 7.11 Headings. The Article, Section and Subsection titles hereof are inserted for convenience of reference only and shall in no way alter, modify, limit or define, or be used in construing, the scope, intent or text of such Articles, Sections or Subsections. Section 7.12 Governing Law. THIS DEED OF TRUST SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE IN WHICH THE REAL PROPERTY IS LOCATED. WrrH RESPECT TO ANY PERSONAL PROPERTY INCLUDED IN THE"PROPERTY", THE CREATION OF THE SECURITY INTEREST THEREIN SHALL BE GOVERNED BY THE UCC, AND THE PERFECTION, THE EFFECT OF PERFECTION OR NON-PERFECTION AND PRIORITY OF SUCH SECURITY INTEREST SHALL BE GOVERNED IN ACCORDANCE WITH THE MANDATORY CHOICE OF LAW RULES SET FORTH IN THE UCC. Section 7.13 General Indemnity: Payment ofExpenses. Section 9.17 ofthe Loan Agreement is incorporated by this reference, as if fully set forth herein. 17 [NEWYORK 3023910_41 RECEPTION#: 618815, 04/0 )15 at 09: 04: 09 AM, 18 OF 27, Janice K. Vos Caudill, P m County, CO Section 7.14 Entire Agreement. This Deed of Trust and the other Loan Documents embody the entire agreement and understanding between Beneficiary and Grantor pertaining to the subject matter hereof and thereof and supersede all prior agreements, understandings, representations or other arrangements, whether express or implied, written or oral, between such parties relating to the subject matter hereof and thereof. This Deed of Trust and the other Loan Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements ofthe parties. There are no unwritten oral agreements between the parties. Section 7.15 Severability. If anyprovision ofthis Deed of Trust is invalid or unenforceable, then such provision shall be given full force and effect to the fullest possible extent, and all of the remaining provisions oftbis Deed ofTrust shall remain in full force and effect and shall be binding on the parties hereto. Section 7.16 V-ariable Rate of Interest. This Deed of Trust secures, inter alia, obligations that provide for a variable rate of interest (as described in the Loan Agreement) Section 7.17 Lien Absolute. Grantor acknowledges that this Deed of Trust and a number o f other Loan Documents and those documents required by the Loan Documents together secure the Indebtedness. Grantor agrees that, to the extent permitted by law, the lien of this Deed of Trust and all obligations of Grantor hereunder shall be absolute and unconditional and shall not in any manner be affected or impaired by: (a) any lack ofvalidity or enforceability ofthe Loan Agreement or any other Loan Document, any agreement with respect to any of the Indebtedness or Obligations or any other agreement or instrument relating to any of the foregoing; (b) any acceptance by Beneficiary of any security for or guarantees of any of the Indebtedness; (c) any failure, neglect or omission on the part of Beneficiary to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Grantor in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Grantor in respect of the Indebtedness or Obligations or this Deed of Trust (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other tenn of, all or any of the Indebtedness or Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any ofthe Indebtedness or Obligations hereby secured or of any of the collateral security therefor; 18 [NEWYORK3023910_41 . RECEPTION#: 618815, 04/0 A /A 015 at 09:04:09 AM, 19 OF 27, Janice K. Vos Caudill, P Ln County, CO (f) any amendment or wiver of or any consent to any departure from the Loan Agreement or any other Loan Documents or of any guaranty thereof, if any, and Beneficiary may in its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the Loan Documents without first exercising or enforcing any of its rights and remedies hereunder; and (g) any exercise ofthe rights or remedies of Beneficiary hereunder or under any or all ofthe Loan Documents. Section 7.18 Real Estate Taxes. Grantor shall not be entitled to any credit upon the Indebtedness or deduction from the assessed value of the Property by virtue ofpayment of real estate taxes on the Property. If any law or regulation applicable to Beneficiary, any Note, any of the Property or this Deed ofTrust is enacted that deducts from the value ofproperty for the purpose of taxation any Lien thereon, or that imposes upon Beneficiary the payment of the whole or any portion of the taxes or assessments or charges or Liens required by any of the Loan Documents to be paid by Grantor, or changes in any way the laws or regulations relating to the taxation ofmortgages or security agreements or debts secured by mortgages or security agreements or the interest ofthe mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect the Deed ofTrust, the Indebtedness or Beneficiary, then Grantor, upon demand by Beneficiary, shall pay such taxes, assessments, charges or Lions, or reimburse Beneficiary for any amounts paid by Beneficiary. If in the opinion of Beneficiary's counsel it might be unlawful to require Grantor to make such payment or the making ofsuch payment might result inthe imposition of interest beyond the maximum amount pennitted by applicable law, Beneficiary may elect, pursuant to Section 5.4 of the Loan Agreement, to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Beneficiary to Grantor without the payment of any prepayment premium or prepayment fee. Section 7.19 Incorporation by Reference. (a) All obligations of Grantor under this Deed of Trust shall be limited by the provisions of Section 9.19 of the Loan Agreement, the provisions of which are incorporated herein by this reference. (b) The parties hereby acknowledge that the Loan Agreement, among other things, contains restrictions on the prepayment of the Indebtedness, as well as restrictions on the sale, transfer and encumbrance of the Property and the ownership interests of Grantor. Section 7.20 State Specific Provisions. The provisions of Exhibit B attached hereto are hereby incorporated by reference as though set forth in full herein. Section 7.21 Last Dollars Secured. The parties agree that any payments or repayments of the Indebtedness shall be and be deemed to be applied first to the portion of the Indebtedness that is not secured hereby, if any, it being the parties' intent that the portion of the Indebtedness last remaining unpaid shall be secured hereby. Section 7.22 Mortgage Recording Taxes. Grantor hereby covenants to pay any and all mortgage recording or other taxes or fees due in connection with this Deed of Trust. 19 DEWYORK 3023910_41 RECEPTION#: 618815, 04/( 015 at 09:04:09 AM, 20 OF 27, Janice K. Vos Caudill, ] in County, CO Section 7.23 Multiple Exercise of Remedies. To the extent pennitted by law, Grantor specifically consents and agrees that Beneficiary may exercise rights and remedies hereunder and under the other Loan Documents separately or concurrently and in any order that Beneficiary may deem appropriate. Section 7.24 Rules of Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons referred to may require. All references to sections, schedules and exhibits are to sections, schedules and exhibits in or to this Deed ofTrust unless otherwise specified. Unless otherwise specified: (i) all meanings attributed to defined termS in this Deed ofTrust shall be equally applicable to both the singular and plural forms of the terms so defined, (ii) "including" means "including, but not limited to" and "including, without limitation" and (iii) the words "hereof, . '6 herein," "hereby, ., fhereunder" and words of similar import when used in this Deed of Trust shall refer to this Deed of Trust as a whole and not to any particular provision, article, section or other subdivision ofthis Deed of Trust. Section 7.25 Counterparts; Facsimile Simatures. This Deed of Trust may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all ofwhich shall together constitute one and the same instrument. Any counterpart delivered by facsimile, pdf or other electronic means shall have the same import and effect as original counterparts and shall be valid, enforceable and binding for the purposes ofthis Deed of Trust. ARTICLE 8 CONCERNING THE TRUSTEE Section 8.1 Certain Rights. With the approval of Beneficiary, Trustee shall have the right to select, employ and consult with counsel. Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual, reasonable expenses incurred by him in the performance of his duties hereunder. Grantor shall, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and indemnify, defend and save Trustee hannless against, all liability and reasonable expenses which may be incurred by him in the performance of Trustee' s duties, except as a result of Trustee' s gross negligence or willful misconduct, in the perfonnance of Trustee's duties. Grantor's obligations under this Section 8.1 shall not be reduced or impaired by principles of comparative or contributory negligence (except with respect to Trustee's gross negligence or willful misconduct). Section 8.2 Retention of Money. All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, but need not be segregated in any manner from any other moneys (except to the extent required by law), and Trustee shall be under no liability for interest on any moneys received by him hereunder to the extent held and applied in accordance herewith. 20 [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0-'-015 at 09:04:09 AM, 21 OF 27, Janice K. Vos Caudill, P .n County, CO Section 8.3 Successor Trustees. If Trustee or any successor Trustee shall die, resign or become disqualified from acting in the execution of this trust, or Beneficiary shall desire to appoint a substitute Trustee, Beneficiary shall have full power to appoint one or more substitute or successor Trustees, without other formality than appointment and designation in writing executed by Beneficiary, and, if preferred, several substitute or successor Trustees in succession who shall succeed to all the estates, rights, powers and duties of Trustee. Such appointment may be executed by any authorized agent of Beneficiary, and as so executed, such appointment shall be conclusively presumed to be executed with authority, valid and sufficient, without further proof of any action. Upon the making of any such appointment and designation, all of the estate and title of Trustee in the Property shall vest in the named successor or substitute Trustee and he shall thereupon succeed to, and shall hold, Possess and execute, all the rights, powers, ptivileges, immunities and duties herein conferred upon Trustee. Section 8.4 Perfection of Appointment Should any deed, conveyance or instrument of any nature be required from Grantor by any successor Trustee to more fully and certainly vest in and confirm to such successor Trustee such estates, rights, powers and duties, then, upon reasonable request by such Trustee, all such deeds, conveyances and instruments shall be made, executed, acknowledged and delivered and shall be caused to be recorded and/or filed by Grantor. Section 8.5 Trustee Liability. In no event or circumstance shall Trustee or any substitute Trustee hereunder be personally liable under or as a result o f this Deed of Trust, either as a result of any action by Trustee (or any substitute Trustee) in the exercise of the powers hereby granted or otherwise, except for Trustee's gross negligence or willful misconduct. Section 8.6 Exculpation. Section 9.19(a) of the Loan Agreement is hereby incorporated by reference. Grantor hereby acknowledges receipt of a true copy ofthe within Deed ofTrust. [No further text on this page; Signature page follows] 21 ENEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 22 OF 27, Janice K. Vos Caudill, P in County, CO EXECUTED as ofthe date first above written. GRANTOR: 315 EAST DEAN ASSOCIATES, INC., a Delaware corporation By: .-* UZZE=*=4~~ Name: Stepha.e De- Battr Title: Prelijâ‚¬Â«b St. Regis (Aspen)- Deec! of Trust . RECEPTION#: 618815, 04/0-'-015 at 09:04:09 AM, 23 OF 27, Janice K. Vos Caudill, P -n County, CO ACKNOWLEDGMENT STATE OF NEw yoRk ) ) SS. COUNTY OF Ajew yog k ) On the 51 day of April in the year 2015, before me, the undersigned, a Notary Public in and for said state, personally appeared Stephane De Baets: personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the person(s), or the entity, in its capacity(ies) above noted, upon behal f of which the person(s) acted, executed the instrument. Signature: . =... O li Nan\e: Abbrad C AU- 27 ./ . 9.3. O, i â‚¬ 61 ofRA#seal f>..6 MICHAEL CHAN .S'. Notary Public, State of New York: 94 ' No. 01 CH6120938 Qualified in New York County Commission Expires January 3, 2017 St. Regis (Aspen) - Deed of Trust RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 24 OF 27, Janice K. Vos Caudill, P in County, CO EXHIBIT A Legal Description HOTEL UNIT And COMMERCIAL UNIT ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM, According to the Condominium Map recorded January 21, 2005 in Plat Book 71 at Page 86 as Reception No. 506237 and as defined and described in the Declaration and Plan of Club Ownership For Aspen Residence Club and Hotel Condominium recorded January 21, 2005 as Reception No. 506236. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: 315 East Dean Street Aspen, CO Deed ofTrust 34EWYORK 3023910_4] RECEPTION#: 618815, 04/0-'~015 at 09:04:09 AM, 25 OF 27, Janice K. Vos Caudill, I in County, CO EXHIBIT B Special Provisions for the State of Colorado The following provisions are incorporated by reference into Section 7.20 of the attached Deed of Trust. If any conflict or inconsistency exists between this Exhibit B and the remainder ofthe attached Deed of Trust, this Exhibit B shall govern. 1. PUBLIC TRUSTEE. (a) The word "Trustee" as used throughout this Deed of Trust is hereby deleted and the words "Public Trustee" are substituted therefor; and (b) the remedies described under Article 3, Section 3.1(d) shall, to tile extent required or permitted by law, refer to and be performed by the Public Trustee for the Colorado county in which the Property is located. 2. DEED OF TRUST PROVISIONS. To the extent that any of the provisions contained in this Deed of Trust are inapplicable under Colorado law, such provisions are hereby rendered inoperative. Without limiting the foregoing, the entirety of Article 8 of this Deed of Trust is hereby rendered inoperative. 3. MATURITY DATE OF NOTE. The maturity date ofthe Note shall in no event be later than April 9,2020. 4. CONVEYANCE TO PUBLIC TRUSTEE. The words "to Trustee, IN TRUST, WITH POWER OF SALE, its heirs, successors and assigns, the Property, TO HAVE AND TO HOLD all of the Property unto and to Trustee, its heirs, successors and assigns, IN TRUST WITH POWER OF SALE, for the use and benefit of Beneficiary, its heirs, successors and assigns in fee simple forever" are hereby deleted from Article 2, Section 2.1 ofthis Deed of Trust and replaced with the words "to Public Trustee, IN TRUST WITH POWER OF SALE, the Property, for the benefit of Beneficiary and its heirs, successors and assigns". 5. CERTAIN RIGHTS. The words "ditches, ditch rights, reservoirs and reservoir rights," are hereby inserted following the words "water rights and powers" and preceding the words "air rights and development rights" in item 10 of the definition of"Property" in Article 1, Section 1.1 ofthis Deed ofTrust. 6. POWER OF SALE. The following language is hereby added at the end of Article 3, Section 3.1(d): Pursuant to power of sale, the Beneficiary may file notice with the Public Trustee declaring such Event of Default and Beneficiary's demand for sale, in writing, as provided by law, and requesting that the Property be advertised for sale and sold in accordance with the laws of the State of Colorado, including without limitation C.R.S. 38-38-101 et seq. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be recorded in the Recorder's office of the county in which the Property is situated, and thereupon the Public Trustee shall sell and Deed ofTrust [NEWYORK 3023910_4] RECEPTION#: 618815, 04/0 015 at 09:04:09 AM, 26 OF 27, Janice K. Vos Caudill, P in County, CO dispose of the Property and all the right, title and interest of the Grantor at public auction at the front door of the Courthouse or at or within any building in which is located the office of the Clerk and Recorder for the county in which the Property is situated or the Office of the Public Trustee for the county in which the Property is situated, public notice having been previously given of the time and place of such sale, in accordance with the laws of the State of Colorado, in some newspaper of general circulation at the time published in said County, together with such other notice, if any, as may then be required by law, and shall issue, execute and deliver a certificate of purchase, public trustee's deed or certificate of redemption in the manner provided by law to the party entitled thereto. The Public Trustee's deed may be in the ordinary form of conveyance. The Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, including reasonable sums for attorney's fees allowable by the Notes or by this Deed of Trust, pay to Beneficiary the Indebtedness, rendering the overplus, if any, unto Grantor or unto its legal representatives, successors or assigns or unto such other persons as may be entitled thereto by law, provided that it shall not be the obligation of Beneficiary to see to the application of such funds. Beneficiary may purchase the Property or any part thereof at such sale. If a release of deed of trust be required, it is agreed that Grfultor will pay the expense thereof. Nothing in this Section 3.1(d) or elsewhere in this Deed of Trust dealing with foreclosure procedures or specifying particular actions to be taken by Beneficiary or by Public Trustee or any similar officer shall be deemed to contradict or add to the requirements and procedures now or hereafter specified by Colorado law, and any such inconsistency shall be resolved in favor of Colorado law applicable at the time of foreclosure. 7. APPOINTMENT OF RECEIVER. The words "ex parte" are hereby inserted following the word "make" in Article 3, Section 3.1(e) of this Deed of Trust. 8. FORECLOSURE. The following words are hereby inserted following the words "including an action for specific performance of any covenant contained in the Loan Documents, or a judgment on the Notes either before, during or after any proceeding to enforce this Deed of Trust" in Article 3, Section 3.1(f): and including the right, at Beneficiary's option, to proceed under C.R.S. 38-38-101, with the foreclosure of the Property as part of the real estate foreclosure, Deed of Trust [NEWYORK 3023910_41 RECEPTION#: 618815, 04/0- '-015 at 09:04:09 AM, 27 OF 27 Janice K. Vos Caudill, in County, CO 9. MAXIMUM PRINCIPAL AMOUNT SECURED. Notwithstanding anything contained herein to the contrary, the maximum amount ofprincipal indebtedness secured by this Deed of Trust at the time of execution hereof or which under any contingency, including, without limitation, subsequent advances made pursuant to the Loan Agreement, may become secured by this Deed of Trust at any time hereafter is ONE HUNDRED MILLION AND 00/100 ($100,000,000), plus (a) taxes, charges or assessments which may be imposed by law upon the Property; (b) premiums on insurance policies covering the Property; and (c) expenses incurred in upholding the lien ofthis Deed of Trust, including, but not limited to, (i) the expenses of any litigation to prosecute or defend the rights and lien created by this Deed of Trust; (ii) any amount, cost or charges to which Beneficiary becomes subrogated upon payment, whether under recognized principles of law or equity or under express statutory authority and (iii) interest at the Default Rate (or regular interest rate). 10. NOTICE. Notwithstanding anything in Section 7.1 hereof, Public Trustee shall not be entitled to any notice except as dictated by the statutory foreclosure process. Deed of Trust LNEWYORK 3023910_41 RECEPTION#: 618816, 04/0 015 at 09:04:10 AM, 1 OF 21, $111.00 Janice K. Vos Caudi12 itkin County, CO DRAWN OUTSIDE OF THE STATE OF COLORADO BY AND MAIL TO: Michael Weinberger, Esq. Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, New York 10006 -D\22:t> Â· 66&14 Z 1-~~~~~~ .Itt . 0-8 SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement") is made as of the 7th day of April, 2015, by and among GARFIELD SIU MORTGAGE INVESTMENT, LLC, a Delaware limited liability company, as lender ("Lendef'), SHERATON OPERATING CORPORATION, a Delaware corporation ("Operator") and an affiliate of Starwood Hotels & Resorts Worldwide, Inc., a Maryland corporation ("Starwood"), and 315 EAST DEAN ASSOCIATES, INC., a Delaware corporation ("Ownef'). Lender, Operator and Owner are referred to herein individually as a "Party", and collectively as the "Parties". RECITALS A. Pursuant to that certain Loan Agreement dated as of the date hereof (the "Loan Agreement"), by and between Owner and Lender, Owner has executed that certain Promissory Note, of even date herewith, in the maximum principal amount of $100,000,000 (the 'Note"), in favor of Lender in order to evidence a loan in such amount made by Lender to Owner (the B. The Loan Agreement and the Note are to be secured by, among other things, a first priority lien covering certain property commonly known as the St. Regis Aspen Hotel, having an address at 315 East Dean Street, Aspen, Colorado, and legally described as set forth in Exhibit A attached hereto and made a part hereof (tile "Property"), as evidenced by that certain Deed of Trust, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing dated as of the date hereof, by Owner, as grantor, in favor of The Public Trustee of the County of Pitkin, Colorado, as public trustee, for the benefit of Lender, as beneficiary, to be recorded in the Official Records of Pitkin County in the State of Colorado (the "Deed of Trust"). C. Owner and Operator are parties to that certain Operating Agreement dated as of September 29, 2010, as amended by Side Letter Agreement dated as of September 29, 2010, that certain Second Amendment dated as of September 26, 2011, that certain side letter agreement dated July 9, 2012, that certain side letter agreement dated January 4, 2013, and that certain Third Amendment dated as of April 3, 2013 (collectively, the "Operating Agreement"), pursuant to which Operator operates the hotel and related facilities, commonly known as the St. Regis Aspen, on the Property (as defined in the Operating Agreement, the "Hotel"). D. Lender and Operator desire to provide that, subject to the terms of this Agreement, any interest in the Hotel created by the Operating Agreement is subordinate and [NEWYORK 3039976_3] 1/6/i RECEPTION#: 618816, 04/0 015 at 09:04:10 AM, 2 OF 21, - Janice K. Vos Caudill, P .n County, CO subject to the lien of the Deed of Trust and to provide for Operator's continued management of the Hotel pursuant to the Operating Agreement in the event of a transfer of ownership pursuant to a foreclosure or other remedy exercised by Lender under the Deed of Trust or any other documents, instruments or agreements related to the Loan Agreement (collectively with the Loan Agreement and the Deed of Trust, the "Loan Documents"). E. Lender acknowledges that (i) Operator has expended and intends to expend considerable sums of money in performing management services on behalf of Owner and the Hotel pursuant to the Operating Agreement, (ii) Owner's promise to cause Lender to execute a nondisturbance agreement with Operator to protect Operator's continued management of the Hotel and Operator's interests in the Operating Agreement from interruption or interference in the event of Owner's default under the Deed of Trust or any of the other Loan Documents is a material inducement to Operator in executing and delivering the Operating Agreement, and (iii) Lender benefits from Operator's management of the Hotel and the incorporation of the Hotel into Starwood's worldwide system of hotels and resorts. F. Owner acknowledges that (i) this Agreement is a condition of Operator's execution and delivery of the Operating Agreement and (ii) Owner will benefit by Operator's management of the Hotel and the incorporation of the Hotel into Starwood's worldwide system of hotels and resorts. G. Owner acknowledges that (i) this Agreement is a condition precedent to disbursement of Loan under the Loan Agreement by Lender and (ii) Owner will benefit from Lender disbursing the Loan to Owner. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Definitions. All initial capitalized tenns used, but not defined, in this Agreement shall have the meaning set forth in the Operating Agreement. In addition, for the purposes of this Agreement, the following tenns shall have the following meanings: 1.1 Fees. The "Fees" shall mean, collectively, the Base Fee, Incentive Fee, System Services Charges, Reimbursable Expenses and all other amounts to be paid to Operator, from time to time, under the Operating Agreement. 1.2 Foreclosure Action. A "Foreclosure Action" shall mean commencement of any legal proceeding or the exercise of any other rights or remedies by Lender against Owner to enforce Lender's rights under the Deed of Trust, any of the other Loan Documents or Legal Requirements, including, without limitation, the commencement of proceedings for the appointment of a receiver for the Hotel. 1.3 Foreclosure Event. A "Foreclosure Event" shall mean any foreclosure, deed or assignment in lieu of foreclosure, sale or assignment by a trustee pursuant to a power of sale, or other transfer (voluntary or involuntary) of the Hotel or any portion 2 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0 '2015 at 09:04:10 AM, 3 OF 21, Janice K. Vos Caudill, 1 in County, CO thereof or interest therein in connection with the exercise of Lender's remedies under the Deed of Trust, the other Loan Documents or Legal Requirements. 1.4 Hotel Company. A "Hotel Company" means a nationally recognized hotel brand and/or lodging system of hotels that is or are competitive with any hotel operated by Starwood or its Affiliates (e.g., Marriott International, Inc., Hilton Hotels Corporation, Four Seasons Hotels, Inc., Morgans Hotel Group, Intercontinental Hotels Group, Rosewood Hotels & Resorts, Fairmont Hotels & Resorts, Hyatt Hotels Corp., or Wyndham International Inc). 1.5 Infonnational Wall. The "Informational Wall" means those communication, reporting, document management, and other information and managerial practices and policies which . are necessary to be implemented and maintained by Successor Owner to restrict the employees, officers, directors, agents and consultants of Successor Owner from communicating and/or providing Protected Information regarding the Hotel, the Operating Agreement, Operator and/or Operator's brands to Prohibited Recipients. 1.6 Prohibited Recipients. "Prohibited Recipients" Inepi employees, officers, agents, consultants and directors of a Hotel Company or of the affiliated entities that comprise, or act on behalf, of a Hotel Company. 1 1.7 Protected Infonnation. "Protected Information" means information about tile Hotel, the operation of the Hotel, the Operating Agreement, Operator and/or Operator's Affiliates or its brands or branded Hotels that is not generally available to the public or by its nature would reasonably be understood to be confidential or proprietary. 1.8 Successor Owner. A "Successor Owner" shall mean Lender or any other Person that becomes tile owner of the Hotel or any portion thereof or interest therein in connection with a Foreclosure Event. For the avoidance of doubt, Operator acknowledges that certain executives and directors of a Successor Owner may serve as executives or directors, as applicable (in such capacity, "Engaged Investment Professionals"), of one or more direct or indirect Affiliates of such Successor Owner or portfolio companies of investment funds managed by such Affiliates, including, without limitation, KSL Capital Partners, LLC and its affiliated investment funds (any of the foregoing, a "Portfolio Company"), and no such Portfolio Company shall be deemed to be in breach of the Information Wall or to have been furnished or provided access to any Prohibited Information, be acting at the direction of such Successor Owner or on its behalf, or have knowledge of Prohibited Information, and Successor Owner shall not be deemed to be acting indirectly through such Portfolio Company, solely due to the dual role of any Engaged Investment Professional (provided that such Engaged Investment Professional does not use any Protected Information in connection with the operation of a Hotel Company). 2. Subordination. In consideration for Lender' s covenants and obligations set forth in Section 3 of this Agreement, Operator agrees that any interest Operator may have in the Hotel arising by virtue of the Operating Agreement shall be subordinate to the lien of the Deed of Trust 3 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0 015 at 09:04:10 AM, 4 OF 21, Janice K. Vos Caudill, P .n County, CO and the lien of any renewals, amendments, modifications, consolidations, replacements, extensions and restatements thereof that are made in accordance with the terms of this Agreement and approved by Operator to the extent required under the Operating Agreement. 3. Non-Disturbance. In consideration for Operator's covenants and obligations set forth in Section 2 of this Agreement, and for so long as the Operating Agreement has not been terminated pursuant to the terms thereof, Operator and Lender agree as follows: 3.1 Use of Funds. Operator specifically acknowledges that pursuant to the Loan Documents Lender has a security interest in the Bank Accounts (other than the Payroll Account) and agrees to take such steps as shall be reasonably requested by Lender consistent with Operator's rights under the Operating Agreement to perfect Lender's security interest in the Bank Accounts (other than the Payroll Account); provided, that Lender acknowledges it shall not have any right to access any funds in the Bank Accounts during the Term of the Operating Agreement. Lender and Owner acknowledge and agree that in no event shall any security interest be granted in connection with the Payroll Account. Lender and Operator hereby agree with respect to the Bank Accounts (other than the Payroll Account) that, and Owner, by joining in the execution and delivery hereof, hereby consents to the provisions of this Section 3.1 and agrees that Operator may, without breach of any of its duties or obligations under the Operating Agreement, comply with the provisions of this Agreement. During the Tenn of the Operating Agreement, and notwithstanding any contrary term or condition of, or any breach or default by Owner under, the Deed of Trust or ally of the other Loan Documents, Operator shall have the right to use all funds and proceeds of Owner, however derived (including, without limitation, all proceeds of business interruption insurance), in Manager's custody, possession or control, or to which Manager has the right of access pursuant to the terms of the Operating Agreement (collectively, the "Funds"), in furtherance of the performance of the services Operator has provided and will provide and in furtherance of Owner's obligations under the Operating Agreement, including, without limitation, the payment of all Fees and Operating Expenses as set forth in the Operating Agreement. 3.2 Use of Insurance Proceeds and Condemnation Award. During the Term of the Operating Agreement, and notwithstanding any breach or default by Owner under the Operating Agreement, the provisions of Section 5.16 of the Loan Agreement ("Section 5.16") shall govern with regard to casualty insurance proceeds or condemnation awards, including, but not limited to Lender's authority to settle and/or compromise such insurance claims, Lender holding and disbursing the "Loss Proceeds" (as defined in Section 5.16), and Lender's detennination(s) as to whether or not Loss Proceeds are to be used for restoration as set forth in Section 5.16, subject to Lender's reasonable and customary procedures to ensure proper use and application of funds. Subject to Lender's cure rights set forth herein, nothing in this Section shall limit Operator's rights to terminate the Operating Agreement pursuant to the terms thereof. Notwithstanding the foregoing, any proceeds of Business Interruption Insurance shall be made available to Operator to be applied in accordance with Article 14 of the Operating Agreement. 4 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0-"015 at 09:04:10 AM, 5 OF 21, Janice K. Vos Caudill, 1 in County, CO 3.3 Operator Not a Party to Foreclosure. As long as Operator is not in material default under the Operating Agreement (taking into account all applicable notice, grace and cure periods), Lender shall not name or join Operator as a party defendant in any Foreclosure Action or Foreclosure Event, except to the extent required by law or applicable foreclosure procedures to enable Lender to effect a foreclosure (provided that so doing will not terminate or impair Operator' s rights and interests under the Operating Agreement in a manner inconsistent with the provisions of this Agreement). 3.4 Non-Disturbance. No Foreclosure Action or Foreclosure Event, nor the Loan Agreement or any term or condition of the Deed of Trust or the other Loan Documents, shall result in the amendment, modification, cancellation or termination of the Operating Agreement or of any of Operator's rights thereunder. If (a) a Foreclosore Action occurs pursuant to which Lender obtains control of the Hotel prior to a Foreclosure Event, or (b) a Foreclosure Event occurs, then from and after the date Lender assumes control of the Hotel in the case of a Foreclosure Action, or the date title is conveyed to a Successor Owner in the case of a Foreclosure Event and, as long as Operator is not in material default under the Operating Agreement (taking into account all applicable notice, grace and cure periods) for which Owner would have the right to terminate the Operating Agreement pursuant to tbe terms thereof, the Operating Agreement shall remain in full force and effect as a direct management agreement between Lender or Successor Owner (as the case may be), as owner, and Operator, as operator, subject to the terms of the Operating Agreement, together with any amendments, modifications and restatements which have been approved by Lender in writing, with the same force and effect as if originally entered into between Lender or Successor Owner (as the case may be) and Operator. 3.5 Limitation on Successor Owner's Obligations. Operator agrees that any Successor Owner shall not be: (i) liable for any breach or default by Owner or any other "Owner" under the Operating Agreement arising prior to the date such Successor Owner shall have succeeded to the interest of "Owner" under the Operating Agreement, provided that such Successor Owner shall be obligated to cure such a breach or default by the "Owner" under the Management Contract of a continuing, ongoing nature following such change of ownership, but only to the extent that (A) (x) such breach or default arises from a failure to perform any obligation with respect to Capital Improvements and Capital Expenses required to be made by such "Owner" pursuant to the Operating Agreement, and/or (y) curing such breach or default is necessary for Operator to operate the Hotel in accordance with the Operating Agreement, and (B) the breach or default is not personal to the defaulting party and is susceptible to cure by such Successor Owner; (ii) subject to any offsets or defenses that Operator might have against Owner, or with respect to any Successor Owner other than Lender, against Lender as "Owner" under the Operating Agreement prior to the date any other Successor Owner shall have succeeded to the interest of "Owner" under the Operating Agreement; (iii) notwithstanding anything to the contrary in subsection (i) above, liable for any Fees due to Operator for any period prior to the date when Lender or such other Successor Owner, as applicable, succeeds to the interest of "Owner" under the Operating Agreement; or (iv) bound by material amendment or modification of the Operating Agreement made without the express, prior 5 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0 015 at 09:04:10 AM, 6 OF 21, Janice K. Vos Caudill, P .n County, CO written consent of Lender. The Operating Agreement and this Agreement represent the entire agreement in all material respects between the parties thereto to the extent Lender would be bound to Operator in the event of a transfer of ownership of the Hotel pursuant to a Foreclosure Event. For the avoidance of doubt, any liability that is not assumed by a Successor Owner pursuant to this Section shall also not be assumed by a future assignee or transferee of the Lender or Successor Owner. 3.6 Successor Owner. (a) Notwithstanding anything to the contrary in this Agreement, except as set forth in Section 3.6(b) or Section 3.6(c), Lender shall not permit any Person to become a Successor Owner unless such Person satisfies the requirements under Section 11.3 of the Operating Agreement. Notwithstanding the foregoing, Operator acknowledges and agrees that, with respect to the Operating Agreement, as of the date of. this Agreement, Lender is nor a Competitor and the Loan satisfies the debt limitation in Section 13.4 of the Operating Agreement (without any requirement to provide a guaranty to satisfy such requirements). Any liability of Lender as a purchaser or transferee at foreclosure (a "Foreclosure Purchaser") under the Operating Agreement shall be limited to Lender's equity interest in the Hotel or, in the event of a sale to a purchaser not in compliance with this Section, ally net proceeds due to Lender generated from such sale. Following Lendet's transfer or assignment of its rights under the Operating Agreement to a Successor Owner, other than Lender, meeting the requirements of this Section, Lender shalI have no liability under the Operating Agreement for matters that accrue after the effective date of any such transfer. To the extent Lender or its wholly-owned subsidiary acquires the Hotel pursuant to a Foreclosure Event, Lender shall not be deemed in default under Section 16.1(g)(ii) of the Operating Agreements. (b) A Successor Owner that is, or is Affiliated with, a Competitor shall be a permitted transferee notwithstanding the restrictions under prong (a) of the definition of Prohibited Person, provided that: (i) the Successor Owner is not a Hotel Company and (ii) such Successor Owner establishes and/or maintains an Information Wall. For the avoidance of doubt, such Successor Owner's Affiliates may be a Hotel Company, to the extent it establishes an Information Wall with respect to the Hotel Company. (c) With respect to any judicial or non-judicial foreclosure proceeding in which Lender does not have legal authority to select the Foreclosure Purchaser, Lender agrees to use commercially reasonable efforts, to the extent permitted by applicable law and any rules and regulations governing judicial and non-judicial foreclosure actions, to describe the restriction set forth in Section 3.6(a) above regarding Prohibited Persons in any advertisement relating to the Hotel. Nothing in this Agreement shall limit Lender's right to (x) advertise any pending foreclosure sale as required by applicable law or (y) engage in any other commercially reasonable advertising so long as Lender is not soliciting a specifically identified Prohibited Person to participate in the foreclosure bidding process. In no event shall Owner or Lender have any liability to Operator if a Prohibited Person acquires title to the Hotel in connection with any judicial or non- judicial foreclosure proceeding in which Lender does not have legal authority to select the Foreclosure Purchaser provided that Lender has complied with the requirements of this Agreement with respect to such foreclosure proceeding and Lender did not knowingly collude with any specific Prohibited Person to participate in the foreclosure 6 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0-'-015 at 09:04:10 AM, 7 OF 21, Janice K. Vos Caudill, 1 in County, CO bidding process or other sale or transfer proceedings. For the avoidance of doubt, the Parties' sole intention in this Section 3.6(c) is to limit or waive Lender's liability in the event a Prohibited Person becomes a Foreclosure Purchaser pursuant to any public judicial or any public non-judicial foreclosure proceeding. Lender and Owner hereby agree that in the event a Prohibited Person becomes a Foreclosure Purchaser as a result of a Foreclosure Event, such transfer shall be deemed an Event of Default not susceptible to cure and Operator shall have the right, in addition to any other rights or remedies of Operator under the Operating Agreement, to terminate the Operating Agreement and collect Liquidated Damages from such Prohibited Person, provided that in no event shall either Lender or Owner be liable for the payment of any Liquidated Damages in connection therewith (even if Lender is or is deemed a Prohibited Person). (c) For the purpose of this Section 3.6, "Liquidated Damages" shall mean an amount equal to the total amount of Base Fee, Incentive Fee and System Services Charges owed to Operator under the Operating Agreement over the prior twenty-four (24) month period divided by (24) twenty-four and multiplied by the number of months remaining between the termination date (including such month) and the contracted Expiration Date. (d) Operator has detennined that, for the purposes of the Operating Agreement, Garfield SRA Mortgage Investment, LLC, as of the date hereof is not a Hotel Company. (e) Notwithstanding anything contained in the Operating Agreement to the contrary, it shall not be a condition precedent for Lender or any other Person to become the owner of the Hotel or any portion thereof or interest therein in connection with a Foreclosure Event that no breach of the Operating Agreement or any other agreement with Operator or any of its Affiliates related to the Hotel Owner shall have occurred, but Successor Owner shall be obligated to cure certain breaches or defaults of the Operating Agreement as set forth in Section 3.5. This Section 3.6 shall be deemed an amendment to the underlying Operating Agreement and shall survive any Foreclosure Event, and shall not be merged into any termination or expiration of this Agreement or the Operating Agreements 3.7 Bankruptcy. In the event of any bankruptcy, insolvency or other similar proceeding concerning Owner, Lender shall not consent to, support or approve Owner's rejection or termination of the Operating Agreement other than a termination of Operator for default in accordance with the terms of the Operating Agreement. 4. Attornment. Upon the written request of Successor Owner or Successor Owner's perfonnance of all of the covenants set forth in Section 3, and unless otherwise provided in this Agreement, subject to the terms of the Operating Agreement (in each case as modified and supplemented hereby, including without limitation in Section 3 above), Operator shall attorn to and provide written confirmation to Lender or Successor Owner (as the case may be) of the continuing effectiveness of the Operating Agreement, and remain bound by all of the terms, covenants and conditions of the Operating Agreement. 7 [NEWYORK 3039976_31 RECEPTION#: 618816, 04/0 015 at 09:04:10 AM, 8 OF 21, , Janice K. Vos Caudill, P .n County, CO 5. Lender's Right to Cure. 5.1 Notice to Lender. Operator shall provide to Lender a copy of any written notice of breach or default by Owner, or any written request from Operator to Owner for additional funds, under the Operating Agreement (an "Owner Default") contemporaneously with the delivery of such notice to Owner (an "Owner Default Notice"). Operator shall have no liability for ally failure on its part to send any notice or copy of any notice to any party pursuant to this Section 5.1, provided, however, that Operator shall be delayed in exercising any termination remedies associated with such notice by an equivalent number of days as the delay in sending such notice or copy of notice. If an Owner Default constitutes an Event of Default under the Operating Agreement, Operator shall not terminate the Operating Agreement on account of such default prior to the expiration of Lander's Cure Period as set forth in this Section 5. 5.2 Lender's Right to Cure. Lender shall have (i) a period of ten (10) days after the applicable grace period has expired under the Operating Agreement, to cure any Owner Default that can be cured solely by the payment of money, or (ii) if such Owner Default would not expose Operator, its Affiliates and/or their employees or personnel to the risk of criminal liability or material damage to its business reputation or the Brand, a period of sixty (60) days after the delivery of an Owner Default Notice to I.ender to cure any Owner Default which cannot be cured solely by the payment of money (or, with respect to such an Owner Default which is not related to one of the Special Termination Rights of Operator pursuant to Section 16.4 of the Operating Agreement, if such cure described in this clause (ii) cannot be completed within sixty (60) days, such time, not to exceed one hundred twenty (120) days, as is necessary to complete such cure, provided that such cure is commenced within such sixty (60) day period and Lender diligently pursues such cure to completion and provided further that Lender shall have notified Operator in writing prior to the expiration of said sixty (60) day period that such cure cannot be completed within said sixty (60) day period together with an explanation of the reason that same cannot be completed within said period) (each of clauses (i) and (ii), a "Lender's Cure Period"), and Operator shall provide reasonable access to the Hotel to Lender, its employees, agents and representatives, to the extent necessary to perform such cure. The parties recognize that (1) Lender shall have the right but not the obligation to cure any such Owner Default, and (2) if Lender undertakes to cure any Owner Default which requires access to the Hotel, (a) Manager shall provide Lender such access to the Hotel, provided that Lender shall use reasonable efforts to minimize any disturbance or interference with the operation of the Hotel, and (b) Lender shall indemnify and hold hannless Operator from and against any liability, damage, loss, cost or expense incurred by Operator as a result of any negligence or intentional misconduct by Lender, its employees, agents or representatives in connection with the cure of such Owner Default. 6. Notice to Operator. Lender shall provide to Operator a copy of any written notice of breach or default by Owner under the Deed of Trust or any other Loan Document (an "Owner Default Notice") contemporaneously with the delivery of such Owner Default Notice to Owner. 7. Amendment and Refinancing of Loan Agreement. This Agreement shall continue in full force and effect among the Parties as to any amendment, modification or restatement of 8 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0Â°"015 at 09:04:10 AM, 9 OF 21, Janice K. Vos Caudill, I in County, CO the Deed of Trust or any of the other Loan Documents or refinancing or increase of the Loan Agreement involving Lender and Owner, regardless of whether any such amendment, modification, restatement, refinancing or increase shall have been approved by Operator, but in no event shall this provision imply or be deemed to mean that Operator's right under (to the extent provided therein) the Operating Agreement to approve any such amendment, modification, restatement, refinancing or increase is in any way limited or modified. 8. Payment of Fees to Operator. To the extent any request from Owner to Lender for an advance under the Loan Agreement includes any Fees due to Operator under the Operating Agreement, Lender agrees to pay that portion of the advance relating to Fees directly to Operator upon Operator's written request. 9. Access to Hotel. On reasonable advance notice from Lender, Operator shall provide to Lender and its employees, agents and representatives the right to enter the Hotel at any reasonable time during normal business hours (i) prior to a Foreclosure Action, for the purpose of examining, inspecting or making extracts from the books and records of the Hotel pursuant to the terms of the Management Contract, and to the extent that Owner has the right to inspect or examine the Hotel or any part thereof, Owner may bring along ander to do the same, and (ii) after Operator receives notice of a default under the Loan, for the purpose of inspecting or examining the Hotel or any part thereof, including the books and records to extent described in (i) above. Lender shall indemnify Operator for any loss, damage or liability incurred by or asserted against Operator in connection with the entry on any part of the Hotel by Lender, its employees, agents and/or representatives pursuant to this Section. In addition to having access to the Hotel as provided above, Operator shall provide to Lender, upon written request of Lender, (i) copies of the most recently approved budgets and any monthly or annual reports generated by Operator in the previous year and which are delivered to Owner in accordance with the Operating Agreement, and (ii) notice of any material capital improvement included in an Operating Plan or otherwise agreed to by Operator and Owner, the cost of which is anticipated to be funded in whole or in material part by Owner rather than being paid from any Lender Account. Operator shall allow Lender the right, upon written request of Lender, to review (but not photocopy) any insurance policies maintained by Operator and covering the Hotel, with any such inspection to be at the offices in the continental United States where such policies are kept. 10. Estoppel. 10.1 Estoppel from Operator. Operator agrees that on not less than thirty (30) days prior written notice from Lender, Operator shall execute, acknowledge and deliver to the requesting Party a certification that (i) the Operating Agreement has not been amended or otherwise modified and is in full force and effect (or, if amended or modified, that the Operating Agreement as amended or modified is in full force and effect), and (ii) to Operator' s knowledge, Owner is not in breach or default under the Operating Agreement (or, if any breach or default exists, specifying each breach or default about which Operator has knowledge). 10.2 Estoppel from Lender. Lender agrees that on not less than thirty (30) days prior written notice from Operator, Lender shall execute, acknowledge and deliver to the requesting Party a certification that (i) the Deed of Trust has not been amended or 9 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0 015 at 09:04:10 AM, 10 OF 21, Janice K. Vos Caudill, P .n County, CO otherwise modified and is in full force and effect (or, if amended or modified, that the Deed of Trust as amended or modified is in full force and effect), and (ii) to Lender's knowledge, Owner is not in breach or default under the Deed of Trust or any other Loan Document (or, if any breach or default exists, specifying each breach or default about which Lender has knowledge). 11. Further Assurances. The terms of this Agreement shall be self-executing, without any further action by Successor Owner or Operator. Notwithstanding the foregoing, at the request of Successor Owner or Operator (as the case may be) (the "Requesting Party"), the other party hereto (the "Responding Partv") shall execute and deliver any such documents or instruments reasonably requested by the Requesting Party, to confirm or enforce this Agreement in form and substance reasonably satisfactory to the Responding Party; provided, however, that the Requesting Party shall reimburse the Responding Party for any costs or expenses incurred by ' the Responding Party in connection therewith. 12. Limitation on Liability. Operator agrees that with respect to any money judgment which may be obtained or secured by Operator against the Successor Owner as the "Owner" under the Operating Agreement, Operator shall look solely to the estate or interest owned by tile Successor Owner in the Hotel or any portion thereof or interest.therein (and all proceeds thereof, including sales or financing proceeds) and Operator will not collect or attempt to collect any such judgment out of any other assets of the Successor Owner. Further, Lender and Operator hereby agree that prior to the acquisition of the Owner's interest in the Hotel through a Foreclosure Action, Lender's sole liability to Operator shall be based upon a breach of this Agreement. Nothing in this paragraph, however, shall limit a Successor Owner (other than Lender) from being required to comply with Section 13.4 of the Operating Agreement or limit Operator's rights and remedies with respect any guaranty given to Operator with respect to the Operating Agreement. 13. Payments. During the Term of this Agreement, so long as Lender has not given written notice to Operator that an event of default has occurred under any of the Loan Documents (a "Loan EOD"), Lender and Operator agree, and Owner authorizes, that any sums due to Owner under the Operating Agreement shall be paid into the Cash Management Account (as defined in the Loan Agreement). Lender shall give Operator written direction identifying such Cash Management Account (without the requirement for any instructions from Owner), and until such time as Operator receives such instructions, Operator shall not remit any funds to Owner. Operator and Owner hereby agree that following any Loan EOD by Owner of which Lender has notified Operator in writing, in the event of a demand on Operator by Lender for the payment to it of any sums due to Owner under the Operating Agreement, Operator shall, and is hereby authorized and directed by Owner to, pay said sums directly to Lender. Payment of said sums by Operator to Lender pursuant to such demand shall constitute performance of Operator's obligations under the Operating Agreement for the payment of tile same to Owner to the extent of the payments so made. Operator shall have no obligation to investigate the validity of any such default notices. In no event shall Operator have liability or responsibility of any kind (a) to either Owner or Lender for any distributions or remittances made by Operator to, or at the direction of, Lender following receipt by Operator of any written notice as herein contemplated, (b) to either Owner or Lender for reliance upon any written notice purportedly from Lender 10 [NEWYORK 3039976_31 . RECEPTION#: 618816, 04/0-'-015 at 09:04:10 AM, 11 OF 21, Janice K. Vos Caudill, ] in County, CO which Operator in good faith believes to be genuine and authorized on behalf of Lender, or (c) to Owner for the application by Lender of funds delivered to Lender by Operator hereunder. 14. Operator's Confirmation. Operator hereby approves of the Loan Agreement and the Deed of Trust (and acknowledges and agrees that, as of the date of this Agreement, Lender is not a Competitor with respect to the Operating Agreement and the Loan satisfies the debt limitation in Section 13.4 of the Operating Agreement (without ally requirement to provide a guaranty to satisfy such requirements)) pursuant to, in accordance with and subject to the remaining limitations set forth in Section 13.1 of the Operating Agreement; provided, however, that in no event shall this Agreement or any other circumstances surrounding the Loan Agreement, the Deed of Trust or any provisions where Operator has acknowledged, approved or recognized a particular provision in any document executed as a part of or in connection with the Loan Agreement or the Deed of Trust be construed to involve: (i) any statement or representation by Operator that it endorses, recommends or otherwise concurs in the Loan Agreement, the Deed of Trust or any provision thereof, (ii) any guarantee or assurance by Operator that Owner will necessarily be in a financial position to perform under the Loan Agreement or the Deed of Trust in accordance with their respective tenns, (iii) any approval of matters which are not listed in Section 13.1 of the Operating Agreement, (iv) any endorsement, recommendation or concurrence in any financial projections submitted by Owner to any party, or (v) any endorsement, approval, or recommendation of Owner's character or reputation by Operator; it being understood as to all such matters that the decision of Lender to provide the Loan Agreement and accept the Deed of Trust was made by Lender without intervention or support by Operator. 15. Receipt of Fees. In the event a Successor Owner becomes the owner of the Hotel, Operator shall not be entitled to receive from the Successor Owner any Fees under the Operating Agreement which, at the time of the Foreclosure Event, were more than ninety (90) days delinquent from the date due and payable unless the accrual of such Fees had been approved in writing by Lender; provided, however, that Operator shall be entitled to pursue Owner and Owner's Affiliates personally for any such delinquent Fees. 16. Notices. 16.1 Method of Delivery. All notices to be given by a Party to any other Party under this Agreement shall be in writing and shall be delivered (i) in person, (ii) by certified U.S. mail, with postage prepaid and return receipt requested, or (iii) by overnight courier service (or to such other address as a Party may designate hereafter by written notice to the other Parties pursuant to this Section 16): If to Lender: Garfield SRA Mortgage Investment, LLC 100 Fillmore Street, Suite 600 Denver, Colorado 80206 Attention: Steven Siegel And to: 11 [NEWYORK 3039976_31 RECEPTION#: 618816, 04/0 15 at 09:04:10 AM, 12 OF 21, Janice K. Vos Caudill, P n County, CO Garfield SRA Mortgage Investment, LLC 700 Canal St., 4~h Floor Stamford, Connecticut 06902 Attention: Craig Henrich with a copy to: Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, New York 10006 Attention: Michael Weinberger, Esq. If to Operator: Sheraton Operating Corporation One StarPoint Stamford, Connecticut 06902 Attn: General Counsel with a copy to: Latham & Watkins LLP 233 South Wacker Drive, Suite 5800 Chicago, Illinois 60606 Attn: Gary E. Axelrod, Esq. If to Owner: 315 East Dean Associates, Inc. c/o OptAsia Co. Ltd. 10~ floor, CRC Tower All Seasons Place 87/2 Wireless Road Lumpins, Pathumwan Bangkok 10330, Thailand Attn: Stephane De Baets with a copy to: Mayer Brown LLP 71 South Wacker Drive Chicago, IL 60606 U.S.A. Attn: Jeffrey A. Usow, Esq. 16.2 Receipt of Notice. All notices delivered by a Party under this Agreement shall be deemed to have been received by the Party to whom such notice is sent upon (i) the date of delivery to the offices of such Party, provided that such delivery is made prior 12 OVEWYORK 3039976_3] RECEPTION#: 618816, 04/0-'2015 at 09:04:10 AM, 13 OF 21 Janice K. Vos Caudill, in County, CO to 5:00 p.m. (local time for such Party) on a business day, otherwise the following business day, or (ii) the date of attempted delivery of such notice if (A) such Party refuses delivery of such notice, or (B) such Party is no longer at such address, and such Party failed to provide the sending Party with its current address pursuant to this Section 16. 16.3 Delivery by Legal Counsel. The Parties agree that the attorney for a Party shall have the authority to deliver notices to the other Parties pursuant to this Section 16. 17. Successors and Assigns: Third-Partv Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties, and their respective successors and assigns, and any Successor Owner, and its successors and assigns. This Agreement shall not confer any rights or remedies upon any other third party. 18. Prevailing Party. If a Party commences a legaI proceeding to interpret or enforce the terms of this Agreement, the prevailing Party shall be entitled to recover its costs and expenses incurred in such legal proceeding, including, without limitation, reasonable attorneys fees and expenses, from the losing Party in such proceeding. 19. Â· Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict' of law principles. 20. Jurisdiction and Venue. Each of the Parties irrevocably accepts for itself, generally and unconditionally, the jurisdiction of the Colorado District Court for the County in which the Property is located and in the United States District Court for the District of Colorado, and expressly and irrevocably waives any other jurisdiction that could apply by virtue of its present or future domicile or any other reason, waives defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. 21. Severability. If any term or provision of this Agreement is held to be or rendered invalid or unenforceable at any time in any jurisdiction, such term or provision shall not affect the validity or enforceability of any other terms or provisions of this Agreement, or the validity or enforceability of such affected terms or provisions at any other time or in any other jurisdiction. 22. Entire Agreement. This Agreement (including the recitals to this Agreements which are incorporated herein) sets forth the entire understanding and agreement of tile parties hereto any other agreements and understandings (written or oral) among the Parties on or prior to the date of this Agreement with respect to the matters set forth herein. 23. Amendments to Agreement. No amendment or modification to any tenns of this Agreement, waiver of the obligations of any Party hereunder, or termination of this Agreement (other than pursuant to the terms of the Agreement), shall be valid unless in writing and signed by the Party against whom enforcement of such provision is sought. 13 [NEWYORK 3039976_3] RECEPTION#: 618816, 04/0 15 at 09:04:10 AM, 14 OF 21, Janice K. Vos Caudill, P n County, CO 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute one agreement with the same effect as if the parties had signed the same signature page. 25. Mezzanine Loan. If Lender elects to recast the Loan into a mortgage loan and one or more levels of mezzanine loans, Operator agrees to reasonably cooperate with each lender under such mezzanine loan(s) to provide a customary recognition agreement with respect to such mezzanine loan(s). [Remainder of page intentionally left blank; Signatures on following page] 14 [NEWYORK 3039976_3] . RECEPTION#: 618816, 04/0 A / A 015 at 09:04:10 AM, 15 OF 21 Janice K. Vos Caudill, in County, CO IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as ofthe date first above written. OWNER: 315 EAST DEAN ASSOCIATES, INC., a Delaware corporation & By: --- -----Zz>~h. Name: 8+eph@â€¢e De goe-Fs Title: Pres:Jewt St. Regis (Aspen) - SNDA RECEPTION#: 618816, 04/0 ~ 15 at 09:04:10 AM, 16 OF 21, Janice K. Vos Caudill, P n County, CO ACKNOWLEDGMENT STATE OF New Yar L ) ) SS. COUNTY OF klew 'Ar k j On the yaday of April in the year 2015, before me, the undersigned, a Notary Public in and for said state, personally appeared Stephane De Baets: personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the person(s), or the entity, in its capacity(ies) above noted, upon behalf of which the person(s) acted, executed the instrument. - Signature: Nan~ M .20.e Cha.L- 0-, u Official-Seal - ' MICHAEL CHAN Notary Public, State of New York - -f No. 01 CH6120938 Qualified in New York County Commission Expires January 3, 2017 St. Regis (Aspen) - SNDA RECEPTION#: 618816, 04/0- Â»015 at 09:04:10 AM, 17 OF 21 Janice K. Vos Caudill, 1 in County, CO HOTEL MANAGER: SHERATON OPERATING CORPORATION, a Delaware corporation By: Namei,dÂ« *shall] Title: Vice I~*lent & Secretmy St Regis (Aspen) - SNDA 1~ RECEPTION#: 618816, 04/0 I15 at 09:04:10 AM, 18 OF 21, Janice K. Vos Caudill, P .n County, CO ACKNOWLEDGMENT STATE OF CONNECTICUT ) ) SS. COUNTY OF FAIRFIELD j The foregoing instrument was acknowledged before me this 6th day of April, 201Â·5, by Marshall J. Donat , as VP & Secretary of Sheraton Operating Corporation, a Delaware corporation. . Witness my hand and official seal. My commission expires: September 30, 2019 - PU--- P ~~ My~~n~hslon E~Pires ~ ~ Notary Public-Connecticut <c ~Notary Public ~Iara Rosabella September 30,2019 -1- St. Regis (Aspen) - SNDA RECEPTION#: 618816, 04/0- '-015 at 09:04:10 AM, 19 OF 21 Janice K. Vos Caudill, in County, CO LENDER: GARFIELD SRA MORTGAGE INVESTMENT, LLC, a Delaw~,lialited liabilitv company By: . t'*4***<--- ./Namâ‚¬~ Steven Siegel Title: Chief Operating Officer St Regis (Aspen) - SNDA RECEPTION#: 618816, 04/0 )15 at 09: 04: 10 AM, 20 OF 21, - Janice K. Vos Caudill, P .n County, CO ACKNOWLEDGMENT STATE OF 35WADLe j ) SS. The foregoing instrument was acknowledged before me this 2Nday ofApril, 2015, by Steven Siegel, as Chief Operating Officer of Garfield SRA Mortgage Investment, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: A r N6tary Public 0- g.Â·-*aoTARy*''Â·A ~~: PUBLI~.Â·.4/ V*Â·. My Commission Expires Sept 10, 2015 SL Regis (Aspen) - SNDA RECEPTION#: 618816, 04/ 015 at 09:04:10 AM, 21 OF 21 Janice K. Vos Caudill, in County, CO EXHIBIT A LEGAL DESCRIPTION HOTEL UNIT And COMMERCIAL UNIT ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM, According to the Condominium Map recorded January 21,2005 in Plat Book 71 at Page 86 as Reception No. 506237 and as defined and described in the Declaration and Plan of Club Ownership For Aspen Residence Club and Hotel Condominium recorded January 21, 2005 as Reception No. 506236. COUNTY OF PrrKIN, STATE OF COLORADO Purported Address: 315 East Dean Street Aspen, CO A-1 [NEWYORK 3039976_3] COMMUNITY DEVELOPMENT DEPARTMENT ft .. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: Stephane De Baets .-3 Property 2 C Owner (11,1 Email Stephane@optasiacapital.corn Phone No ~ n -n 970-987-4575 22 4 Address of 52(2 Â£* Property: 315 E Dean St, Aspen CO 81611 01 (subject of 1,3 4 - ' application) ,-7 4 1 3 m I certify as follows: (pick one) El This property is not subject to a homeowners association or other form of private covenant. ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. E] This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is E-public document. X - ~. -- Owner signature: - 222:~:n~~Â£~z_ d#te: 7-16-2015 Stephane De Baets Owner printed name: or, Attorney signature: date: Attorney printed name: October, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 RECEN C~! BLACK & 1 _. ~TCH i-/ Building a world of differencet July 20, 2015 Via Priority Mail Attn: Jennifer Phelan RECEIVED City of Aspen Community Development Dept. JUL 2 1 2015 130 S. Galena, Aspen, CO 81611 C/Ty OF ASPEN C(44'LWITÂ¥ A '' 0 - .LLOPMEN} RE: Wireless Telecom Application Site Address: 315 E. Dean Street, Aspen, CO Parcel #: 273718285033 Verizon Wireless Site Name: C03 Aspen Highlands (AWS) Dear Ms. Phelan, Per your Determination of Completeness letter dated June 9, 2015, I have provided the following responses and enclosed the required documents. U Proof of ownership. A title update dated June 18, 2015 has been enclosed and confirms that 315 East Dean Associates, Inc. still own the property. 2) HOA Policy Letter. A signed copy of the Homeowner Association Compliance Policy has been provided. This letter has been signed by the managing partner and president for 315 East Dean Associates Inc., Stephanie De Baets, and enclosed with this resubmittal. 3) Authorized representative. A letter of authorization has been signed by the managing partner and president for 315 East Dean Associates Inc., Stephanie De Baets, and enclosed with this resubmittal. 4) Drawings. Two sets of plans 24"x36" have been provided. The plan set was drawn at a 24"x36" scale. Please let me know if you need anything else in order to process this application. I can be reached at 303-229-4681 or via email at JohnsonBW2@BV.com. Sincerely, 6/1/lu_ Brad Johnson Senior Site Acquisition & Zoning Manager Black and Veatch Corporation Consultant to Verizon Wireless Site Name: CO3 Aspen Highlands (AWS) Page 1 of 1 February 16, 2015 ,Â¢0, City of Aspen . 94, 4, u/3 Community Development Department 130 S. Galena Street , 4/1, ..AOX/Â£~ ek .4 Aspen, CO 81611 -'.02~ RE: Verizon Wireless Site Name: CO3 Aspen Highlands (AWS) Located at 315 E. Dean Street, Aspen, CO 81611 Dear City of Aspen Community Development Department, As owners of property located at 315 E. Dean Street in Aspen, Colorado, we hereby consent to Verizon Wireless submitting the necessary land use application(s) with the City to permit the antenna and equipment modifications to their installation on The St Regis rooftop. Sincerely, 315 East Dean Association Inc. r ). r- <7 -I--00â€¢ Printed Name: Stephane De Baets Date: 7-16-2015 Title: Managing Partner 315 E Dean St Associates Site Name: 003 Aspen Highlands (AWS) Page 1 of 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 9,2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 315 E Dean -Wireless and reviewed it for completeness. ~)4~ Your Land Use Application is incomplete: / Please submit the following missing submission items. 1) Proof of ownership. Proof of ownership is required in the form of current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 2) HOA Policy letter. 3) Authorized representative. A letter from the property owner (not Engineering Director) authorizing Black and Veatch to represent them in the application. 4) Drawings. Please provide a scaled, measurable drawings for height. J Your Land Use Application is complete: I f there are not missing items listed above, then your application has been deemed complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You. / in. tittil i i / W /1 1 W--1 C UjUVUU< , C./40--h Jennifer ~~elan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No-bc- Subdivision, or PD (creating more than 1 additional lot) 1 GMQS Allotmqnts, Residential Affordable Housing Yes No_*:2 Commercial E.P.F. Lodging