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HomeMy WebLinkAboutagenda.apz.20011113AGENDA ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING TUESDAY, NOVEMBER 13, 2001 5:00 PM PITKIN COUNTY LIBRARY MEETING ROOM BASEMENT, 120 N. MILL STREET I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES C l r 2 t o 1 III. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. LOT 5, ASPEN MOUNTAIN PUD- SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, CONDITIONAL USE, MOUNTAIN VIEW PLANE REVIEW, SPECIAL REVIEW, LAND USE CODE AMENDMENTS, GMQS EXEMPTIONS, AND FINAL PUD DEVELOPMENT PLAN REVIEW, Fred Jarman ,N T D --M IV. ADJOURN Notice: 11 /13 12/4 P/Z (4:30) Notice: 11 /13 AMPUD Lot 5 (Grand Aspen) cont. 629 W. Smuggler -Landmark PH (Cont. from 8/21, Code Amend. -Subdivision w/o GMQS (cont. from 135 W. Hopkins Avenue- landmark, PH 12/10 Council (5:00) Notice: 11 /20 HP Code Amendments-2nd Reading -PH State Rehab. Tax Credits for HP -consent reso. 135 W. Hopkins- landmark, first reading Adoption of Historic Preservation Incentives 12/11 P/Z (4:30) Notice: 11 /20 AMPUD Lot 5 (Grand Aspen) cont. Miscellaneous Code Amendments -SO Christmas Inn Camp Special Review JL PH 12112 HPC Notice: 11 /20 334 W. Hallam -Concept. 110 E. Bleeker- Conceptual Christiania Final-FJ 950 Matchless- worksession 12/17 Council Notice 11 /27 Christmas Inn 1st Reading-FJ 12/18 PZ- no meeting 12/19 HPC-no meeting 12/26 HPC-no meeting 1/9 HPC Notice: 12/18 1/14/02 Council Notice: 12/21-this is early!!! Due to holiday (Fri.) 135 W. Hopkins Avenue- landmark, 2nd reading Christmas Inn 2nd Reading-PH-FJ 1 /15 P/Z & G MC 4:30 Chris' case -Name? 1/23 HPC Notice: 12/31-this is early!!! Due to holiday (Mon.) 10/16, 11 /6 to 12/4)-AG 11 /6) C:\home\attach\comingupmeetingsi2.doc 2 MEMORANDUM TO: Planning and Zoning Commission FROM: Julie Ann Woods, Comm ity Development Director` Fred Jarman, Planner DATE: November 13, 2001 RE: Resolution No. Series 2001 (Public Hearing) Resolution No.;e Series of 2001 (Public Hearing) ➢ Aspen Mountain PUD--Final PUD Development Plan for Lot 5 (Grand Aspen Site) and ➢ Text Land Use Code Amendments SUMMARY: The owners of the Aspen Mountain PUD, represented by Vann Associates, are requesting Final PUD Development Plan approval for Lot 5 of the Aspen Mountain PUD also known as the former Grand Aspen Hotel site. Specific land use requests: 1) Final PUD Development Plan 2) Subdivision 3) Condominiumization 4) Timeshare 5) Conditional Use 6) Mountain View Plane 7) Special Review 8) Land Use Code Text Amendments 9) GMOS Exemptions ZONING: L/TR PUD LOT SIZE: 86,605 sq. ft. EXISTING USE: Vacant lot FAR: 115,000 sq. ft. PROPOSED USE: 60 Multi -Family Residential Units (51 free market units and 9 deed restricted affordable housing units) OWNER: Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC REPRESENTATIVE: Vann Associates STAFF RECOMMENDATION: Approval with Conditions PROCESS: Due to the sizable and complex nature of this application, Staff has scheduled a series of public hearings with the Planning and Zoning Commission so that there is sufficient time for the Applicant, the Commission, and Staff to discuss all the issues relative to this proposal. Therefore, the following schedule will outline the dates of the public hearings and the topics to be discussed. As indicated below, the proposed timeshare /fractional ownership plan and associated text amendment to the Land Use Code will occur on November 20'. ➢ Presentation of Project ➢ Address physical Site Plan Issues such as unit November 13, 2001 Public Hearing configuration, landscaping, vehicle and pedestrian circulation, AH units, and amenities; ➢ Unit Conversion Text Amendment December 4, 2001 Public Hearing ➢ Timeshare Request for Fractional Ownership ➢ Timeshare Text Amendment December 11, 2001 Public Hearing ➢ Continued for other Issues STAFF COMMENTS: In this Final PUD proposal, the Applicant is proposing a multi -family structure containing 51 (1, 2, and 3-bedroom) free market residential units and 9 (1-bedroom) affordable housing units, which closely resembles that of a traditional hotel. While there are 51 units proposed, there will be a total of 130 rentable rooms as most of the units have one or two lock -off rooms. Other specific amenities include a central lobby, a front desk for check -in, a concierge desk, a bar and lounge, a pantry area from which to provide continental style food service, an exercise room, public restrooms, a ski and bicycle storage area, and a small accessory commercial space. In addition, two large landscaped areas will contain the structure's swimming pool and outdoor function areas. [Please note, while the Aspen Mountain PUD (AMPUD) includes Lot 3 (Top of Mill) and Lot S (Grand Aspen Site), this public hearing and Staff analysis will focus only on Lot S. The Final PUD Review of Lot 3 will occur separately at a later date.] The following section in this memorandum will briefly discuss prior approvals and the present proposal as indicated in the matrix below: Conce teal PUD Approval Dec. 6, 1999 Resolution No. 111, Series of 1999 GMOS Amendment for Sept. 25, 2000 Ordinance No. 41, Series of 2000 credit conversions Amendment to Conceptual May 29, 2001 Resolution No. 47, Series of 2001 PUD Approval 2 A. Conceptual PUD Proposal for Lot 5: The 150-Room Hotel The PUD Agreement (Book 574, Page 828), states that "the Lot 5 component shall be comprised of not more than 50 hotel Booms (with the aggregate number of hotel rooms on Lots I and 5 not to -exceed 342), and no more than 47 residential units between Lots 3 and 5, the exact number of such units to be established in the amended review process for Lot 5." While the number of residential units proposed fell below the maximum allowed, the proposed development of Lot 5 contemplated 150 hotel rooms, exceeding the 50-unit Lot 5 limitation, and when combined with the 279 units approved for Lot 1, also exceeded the overall limitation of 342 lodge units by 87 units. Savanah (owner at the time) intended to earn the right to develop the extra 100 units on Lot 5 (and extra 87 in total) via the City's Tourist Accommodation GMQS Scoring and Competition procedures, unless City Council agreed to allow Savanah to convert unused residential credits to tourist accommodation allocations. Savanah described the proposed facility as a 3.5-star, moderately priced, upscale hotel with a 4- star restaurant. The primary mass of the proposed hotel would be located along the vacated Dean Street. Dean Street would be converted into a limited passenger and valet parking drop-off driveway (no longer a public access or through street) and landscaped pedestrian area, which would link the St. Regis Hotel and Lot 5 with the Aspen Mountain Gondola Plaza and the Little Nell Hotel. The rear portions of the structure would be recessed into the climbing grade of the site, maintaining a uniform height from the Dean Street facade to the southernmost portions of the building. The main entrance to the hotel was to be located adjacent to the vacated Dean Street right-of- way, with a secondary pedestrian entrance at the corner of Dean and S. Galena Streets. The hotel's lobby and restaurant were designed to front on former Dean Street and the ice rink. Street trees would be planted along both sides of vacated Dean Street as well as along the site's S. Galena and S. Mill Street frontages. Plantings were to be provided along the site's southern property line and within the two courtyard areas. Of the 150 proposed hotel units, 132 were to be "standard" rooms and the remaining 18 units were "suites." The standard rooms contained approximately 390 square feet of gross area each while the average suite contained some 650 square feet. The suites were configured as studio units with enlarged seating areas. The application explained that an "undetermined" amount of hotel units would be configured with lock -off doors to allow for the possibility of two adjoining units to function as a single suite. The structure also contained 8 affordable housing units (4 studio and 4 one -bedroom units) on its main level. The studio units contained a minimum of 400 square feet of net livable area while the one -bedroom units contained at least 600 square feet of net livable area. In addition, the proposed hotel contained roughly 8,000 square feet of meeting/conference space and approximately 500 square feet of accessory commercial space. Savanah represented that the kitchen and related support services were not intended or designed to accommodate large conferences or banquets, and that the accessory commercial area was intended to accommodate customary hotel support uses (i.e., newsstand, etc.) as opposed to larger retail operations. 3 Off-street parking was accommodated in a sub -grade garage accessed from S. Galena Street. The garage would contain a total of 106 parking spaces, or approximately 0.7 spaces per bedroom, limited storage areas, mechanical equipment, and stairways and elevators providing access to the lobby. The delivery and service area for the hotel was located on the S. Mill Street frontage and was covered by the building above as well as enclosed by an overhead door when not in use. On ,Dean Street, the 9 existing parking spaces would be lost with the proposed design of the vacated area. Savanah proposed to provide the replacement spaces within the sub -grade garage, or in some other yet -to -be -determined but mutually acceptable location. Ultimately, the Applicant received approval from City Council (via Resolution No. 111, Series of 1999) for the Conceptual PUD described above. B. Conversion of Residential Development Rights to Tourist Accommodation Allotments In condition #2 of Resolution No. 11 1, Series of 1999, in which City Council granted Conceptual PUD Approval to the Applicant, it required that the Applicant work with Staff to process a text code amendment to GMQS which "will address the ability to convert residential credits to lodge room allocations." In fact, this condition was met and a code amendment was processed (via Ordinance No. 41, Series of 2000) which now allows the ,conversion of demolished residential dwelling units to tourist accommodation units at a rate of 2.95 tourist accommodation units per one (1) residential unit. This text amendment was required to allow Savannah to accommodate the request for a 150-room hotel on Lot 5. C. The Amendment to the Conceptual PUD for Lot 5 As mentioned above, the Applicant submitted and received Conceptual PUD approval for Lot 5 that requested land use approvals for a 150-room hotel. Subsequently, the Applicant amended this Conceptual PUD approval to change this request from the hotel concept to a 51-unit residential timeshare project, which included 9 affordable housing units. This amended Conceptual PUD has been to the Planning and Zoning Commission and was ultimately approved by City Council by a vote of 5 to 0. [It should be noted, the Planning & Zoning Commission recommended against the approval of the conceptual PUD amendment for Lot 5 by a vote of 1 to 4. At that hearing, the P&Z reiterated that they were not necessarily against the project; they were hoping to add some conditions of approval that might address some of their concerns.] D. Site Plan Changes Due to PUD Amendment As a result of the amended Conceptual PUD, no significant changes have been proposed to the footprint, exterior architecture, or height of the structure. The sub -grade parking garage, pool area, courtyard and guest drop-off are essentially the same, and the Floor Area of 115,000 s.f. remains unchanged. Modifications will be made to the interior of the hotel and are indicated schematically on the set of floor plans previously provided. Other changes as a result of the amended Conceptual PUD include the following: 1) The reduction in "rooms" from 150 hotel rooms to 51 (1, 2, and 3-bedroom units) units with each unit having one or two "lock off units" for a total of approximately 130 rooms; 2 2) The ,elimination of the "semi-public" accessory uses (restaurant and gift shop) located along the Dean St. fagade; 3) The approved ramp to the sub -grade garage along Galena St. has been relocated to Dean St. There will be two ramps that will allow entry and exit from the garage. As a result of this relocation of the ramps on the north side of Dean St., more parking spaces are available within the garage structure. The approved conceptual plan called for 106 spaces while this revised plan contains 111 spaces (2 for each residential unit and 1 for each affordable housing unit.) The garage ramps will encroach into the Silver Circle Lot, slightly reducing the observation deck located along Dean St.; 4) The nine parking spaces reserved for skating patrons will be relocated along Galena St. Please refer to the main level drawings of the proposed site plan; and 5) The proposal meets all the underlying zoning district's dimensional requirements with the exception of height and lot area per unit density requirement for a multi -family structure in the L/TR zone District. The Applicant has applied to vary these requirements under the PUD process. E. New Timeshare Request [Please note, the following information regarding the timeshare request is provided in this Memorandum for contemplation by the Commission; however, the timeshare topic will be formally addressed at the December 4t' meeting, as indicated in the matrix above.] As the proposal changed from the 150-room hotel to this 51 unit residential project, the land use requests and required approvals have also changed to include a Conditional Use request for Timeshare so that the Applicant can sell the units -using a fractional ownership scheme. Timeshare is allowed as a conditional use in the L/TR zone district. The Applicant requests that Lot 5 be developed as a "fractional ownership" project, which falls within the realm of Timeshare. In order to accomplish this timeshare request, the Applicant has proposed two 2 text amendments to the Timeshare section of the Land Use Code. 1. Timeshare: Fractional Ownership Plan The Applicant is proposing to market the 51 free market units in a fractional ownership scheme where each of the units will be condominiumized and sold at a 1/20 interest. As such, an owner will own one "fixed" week of the year and 10 "floating" days to be used throughout the year. Ownership of a fractional interest will be "unit specific" and will allow the owners to occupy the unit during a specific time. When not occupied by the owners during a "fixed" week, the unit will be available through an exchange program or may be part of the rental pool and available to the public on a nightly basis. (Please refer to Exhibit A, a supplement to the Application, for a summary of the proposed fractional ownership scheme, which shows how ownership occurs throughout the year.) It should be noted the Applicant defines the "on -seasons" for winter season as a 10-week period between December 15th — December 31 st to February 1 st to April 1 st and the summer season as 5 a Il 0-week period between July 1st and September 15th. The insert shows the "fixed" and "float" weeks available during the year correlated to seasons. While the timeshare concept has been around for many years in Aspen, fractional ownership is a new concept for Aspen as well as many other resorts in Colorado. Staff has been exploring what this new type of ownership means for Aspen's lodging bed base in terms of "hotbeds" or beds available to the general public on a short-tenn basis. There are many issues yet to be fully analyzed and /or realized, as the concept of fractional ownership is relatively new. As these units are "owned," the City gains no "bed tax" from short-term visitors as compared to a regular hotel; however, those owners that do visit may tend to spend more money indirectly in Aspen due to the notion that they are not burdened by paying a nightly lodging fee (even though they may already be doing that through mortgages). In addition, it appears that fractional fee ownership programs tend to be successful by utilizing "exchange programs" where an owner of a fractional share in Boca Raton may wish to exchange their time in Boca Raton for two weeks in Aspen and vice versa. It is clear that G. A. Resort Condominiums will become a club resort in the Hyatt Vacation Club system and therefore, owners can participate with other Hyatt club resorts and with properties represented by Interchange International. What does this mean for Aspen's "hotbeds?" It may mean that visitors driving into Aspen for the night without reservations will increasingly have a difficult time in finding a lodge unit or hotel room. However, given today's resort climate and the high end lodging units available, visitors most likely have already planned their trip and reserved their rooms / units prior to arriving. This is especially true due to the fact that Aspen is a "destination" resort rather than a "rubber -tire" resort conveniently located on a major road between major points of travel where travelers may simply pull off the road for a night's stay. Also, as the fraction of the share increases (say from 1/7th share to 1/20th share ownership) in the units, it appears more likely that .the units will function more like a traditional hotel rooms / units with patrons coming and going more often than a traditional timeshare / condominium operation where a family will stay in a unit for a prolonged period of time and may remain more consistent with operability of a traditional hotel. Staff s continued reservation regarding this type of ownership is that property ownership does not transfer on a regular basis; therefore, the tax generated through the Real Estate Transfer Tax (RETT) may not be a steady revenue source beyond the first three years of sales. The applicant's financial analysis comparing fractional ownership to a hotel does not take into account any transfers (after the initial sales) for ten years, which may be a good conservative approach to take. Financial Implications of Fractional Ownership The City's existing timeshare ordinance, which was adopted in the early 1980's, does not address potential long-term impacts of a fractional ownership project on the City's General Fund. The City of Aspen's Finance Department has completed a study that indicates that the conversion of applicant's previously proposed hotel project to a fractional ownership interest project will have a long term financial impact upon the City's General Fund. The Applicant understands and 0 acknowledges this financial impact upon the City and desires to partially mitigate these financial impacts upon the City treasury by offering a cash payment to the City in an amount between $4 and 5 million; the exact amount to be determined by the City Council and the applicant upon further study and research. 2. Text Amendments to the Land Use Code As mentioned above, in order for the Applicant's present proposal to work, the Applicant has proposed two text amendments to the Timeshare and Growth Management Quota System (GMQS) regulations of the Land Use Code (hereinafter "Code") to be reviewed concurrently with the Final PUD Application. These amendments include 1) an amendment to the GMQS section to permit the conversion of the PUD's remaining lodge reconstruction credits to residential development rights and 2) an amendment to the Timeshare regulations to permit the City Council to v_ ary the current Timeshare review standards in the Code. A discussion of these amendments is as follows: A. A text amendment to the GMQS regulations to permit the conversion of the PUD's .remaining lodge reconstruction credits to residential development rights where the following applies: Currently, the Applicant has 50 lodge reconstruction credits, which were to be developed on Lot 5. This amendment would allow the Applicant to convert these lodge reconstruction credits to 17 residential development rights. The Applicant will then add these converted 17 residential development rights to the already existing 34 residential development rights for a total of 51 residential development rights being proposed for Lot 5. The Applicant received approval from City Council (Ord. No. 41, Series 2000) that allowed the conversion of demolished residential dwelling units to tourist accommodation units at a rate of 2.95 tourist accommodation units per one (1) residential unit. This text amendment was required to 'allow Savannah to accommodate the request for a 150-room hotel on Lot 5. This proposed amendment would allow the conversion to occur either way between tourist accommodation units and residential development rights such as the calculation shows below: 1 Dwelling Unit = 2.95 Lodge Units (Currently Available) 1 Lodge Unit = (1 Dwelling Unit _ 2.95 Lodge Units (Requested Amendment)) 1 Lodge Unit = 0.34 Dwelling Units Therefore, using the calculation above, the Applicant's request to convert the remaining 50 lodge reconstruction credits to 17 residential development rights is as follows: 17 Dwelling Units = 50 Lodge Units 50 Lodge Units = (50 Dwelling Units _ 2.95 Lodge Units) 1 Lodge Unit = 0.34 Dwelling Units W B. An amendment to the Timeshare regulations to permit the City Council to vary the current Timeshare review standards in the Land Use Code. It is clear, the current Timeshare provisions in the Code, adopted in the early 1980s, were effective in regulating various problems inherent to the timeshare industry at the time such as marketing, disclosure practices, and other consumer protection issues. The Applicant contends that these problems appear to be accounted for through current real estate practices and laws enacted by the Colorado Revised Statutes but the Timeshare regulations in the Code have not changed. The Applicant has proposed a fractional ownership scheme that conflicts somewhat with the Timeshare regulations. As a result, the Applicant request that a text amendment be approved that allows City Council the authority to vary specific Timeshare review standards as a result of the anticipated operations of their proposal. At present, the City has hired a consultant to review and re -write the City's Timeshare ordinance due to the apparent antiquated nature of the existing ordinance regarding today's timeshare industry, alternative ownership scenarios, and the regulation of potential impacts from such ownership schemes. Specifically, the Applicant has proposed a fractional ownership plan that would require the following variances from the existing Timeshare review standards: 1. 26.590.010(C)(2)(c) discusses "Gift Giving" in the marketing and sales practices. The standard requires a gift giving limitation of $100. The Applicant is requesting this be waived so that they may compete with current industry practices such as providing complimentary lift tickets, certificates for nights at other Hyatt resorts, etc. which would far exceed the $100 limit. 2. 26.590.010(C)(3) discusses Integration, where Timeshare must be conducted in all residential units of a proposed development or not at all. While the Applicant will market all of the 51 free market units pursuant to the proposed fractional ownership plan, the remaining 9 affordable housing units will be owned, deed -restricted, and rented by G.A. Resort Condominium Association in accordance with the Aspen / Pitkin County Housing Authority (APCHA) guidelines. As a result, these units are not part of the fractional ownership plan and a variance from this standard is requested. 3. 26.590.010(C)(6)(a) discusses a "Maintenance" plan, which requires that a minimum of four weeks per year (two weeks in the spring and two weeks in the fall) be reserved by the Timeshare development so that adequate maintenance and repair may be accomplished on the units. The Applicant proposes that G.A. Resort Condominium Association will have a priority right to reserve at least one week and a maximum of four weeks per year for maintenance and repair on the units. This requires a variance from the standard. 4. 26.590.010(C)(14) discusses the "Right to Rescind" which is granted for 10 days after the execution of a contract to purchase an interest in a timeshare project. The Applicant asserts that the Colorado Revised Statutes permits a five (5) day rescission period with f - - I-� 1 'O IM S a C .. 1-'�•F- . j// I, . • I 11 � j r.. �..'r ?- I �- -- - .- `---1 t� 1 r.,J.,, �t i i 1 :1 - � �' � ;3 a . \ III 1}.• I t r� `y ' i �� � i "'i � � ". "1 _ ��J l � � � '� $ �' �. � / I .�• I � � `. rt _ ?. 7Ji--i � J , �; p �.' ..� i + � — � � � . � � I I / - r i � i l �' •1 �\ .i� }'^r }t .� I i � r-! ,."y ' 1 1 • T 1U��� } L al42 LLI t 1 11 Il ry El -K'4 r� /• i� KYJ�-� i �1 i � �� � �� K as m o his Aspen Mountain Subdivision/PAddendum. .Partial First Level Plan - Affordable Housing Units November S, 2001 Scale: 118" = V - 0" Aspen, Colorado Bill Poss and Associates Architecture and Planning Aspeh, Colorado I io men o M un an r Lot.�`um Partial.Building/Site Section at South Property Line November 5, 2001 j Scale: 1/4" = V . 0" Aspen, Colorado Bill Poss and Associates Architecture and Planning Aspen. Colorado N o,4. is , a(30 Main Issues for Tonight 1) Physical Site Plan Issues 2) Minimum Lot Area per Dwelling Unit: ?Cob. 3) A text amendment to the GM S regulations to permit the conversion of the PUD's remaining lodge reconstruction credits to residential development rights where the following applies: No Fe ab . 4) Livability of the Affordable Housing Units N o peal . 5) Request to pay Cash -in -lieu N c 'p . Car rajer i C-? Q � •J"r r 4.Q� 7.-WAr` rp I %A S- e fA 0' --a G ck)-@ n C. C 11 W r i�#r rQ4k4 Q an+*,ray-,k Dv,c• 4 Hyatt Grand Aspeti Pro)ect Summary -and Use Plan PROIE,CT SUM��L&Ry- Unit Breakdown, "I'licere are 51 proposed total. unitswit: has man -vas Mvo,"lockoffis" per Wilt. A lockoff'is room,, which. has a separateaccess off a con-u-non haflway and can be used or rented separately and 1-11clividuaflya-sa "key", For nn stance, aowner of a three bedroom anit cotild rent vivo of rfiose bedrocinu (lockoffs) while still usirig the one bedroom, living morn and kitchen con-iponen t of r eir unit. Lockoffs are con-figuredand function: exactJy IiJ,-,c hotel roorns,rhe proposed unit breakdown of die Hyatt Grand Aspen can be sums-nari7ed as follows- 3 :) C 0 Three b&o Threom/three bathroom unitsvvith 2 h ck )ff. (2,000 sf I Three bedroon-i/three bathroom un-Its with I lockoff (1,800 sf 18 Two bedrooml/t-,vo bathroom units with 1 lockoff (1,550sf` +/-) I Tuto bedroom/two bathroom unIts with no lockoff (1,400 sf I One Bedroom/one bathroorn With. no lockoff Oosf 51 Total Units 31 Three bedroom / d-i-rce b;ithroon-i units 1.9 Two bedroom / mo bathroom units.,and I One bedroom / one bathroom unit 132 Total bedroo ins Total Rootxis. Note that the 132) ()cdroonis ;-tre attached to 51 living rooms and kitchet-m From A-ri acconin-iodations perspective that rneans that there are 183 rooms rhat will have beds In them. 1 32 Total Bedrooms 51 Total Living Roon-is wish sofia and or Murphy beds. 183 Rooms witb beds (bedrooms and rooins witb sofxlMur pby beds) Total Keys. 11w configuration of these L11*11ts Is such that a Hyatt or- indepe, . ndent agent c;,w offer the traveling ptjbhc any size short term accommodation from .i conventional hotel rooni toa- three bed/three ba.diroom unit -,and. excry-thing in bemfeen, Broken 111t0 the smatlest configurations the project offers 130 keys'. 19 Conventional hotel rooms 51 0ae bedroorn. units (living room, one bedroom with bath and kitchen) 130 Total rentable "Keys"' r.--EXHIBIT L rt-11111,01 L cn Hyatt Grand Aspen Project Summary and Use Plan USE P 1/20' Intetest. Purchasers of a Hyatt Grand Aspen "interest" will be buying short-term accommodations in the Aspen market with the tight to exchange their Aspen interest with 8 other Hyatt Vacation Ownership projects and 1,800 Interval International properties around the world. Purchasers will receive an undivided 1 /2.10" interest (17 to 18 days) in a specific unit. Average price per interest is currently anticipated to be, in the $150,000 per interest range., but. is subject to change at 14yatt's discretion. Purchasers -will own a specific, "fixed week," in a fixed unit that. they will choose (subject to availability at time of purchase). That will be their week and unit. They will also "own", 10 to 11 "floating days" which they can use in increments of 3, 4, 7 and 10 days, which. can. be used in any available unit duriniz the float weeks. 20, Fixed Weeks For Sale Per Year. 'Ile graphic on the following page attempts to make clearer the orp -nization- of the Use Plan. What's, being shown here, is the 5.21 weeks of the year and how each are designated (either fixed or float). -All of the ,veekss highlighted in gold are the 20 lived �xleeks) and the weeks highlighted in blue are the floating weeks. Everyo-tic buys a certain ffied week in a specific unit — in this example week 35 (Sample Week), and they get a points package to be used to reserve up to 10 to I I additional days during the float periods (in any unit). Points and Exchanms. With ownership in the Grand Aspen (their "'Home Resort"') owners receive 4"points" every year, which act like a vacation currency that they can use to exchange for visits to other participating resorts or use in the Home. Re,-,(.-)rt. If they, use all of their 17/18 days in Aspen (either to rent or use themselves) they will. have no points for exchange. If any portion of their unit or time is not used during a year they uill retain a number of points that could them be used for exchange in other resorts. The number of points one receives each yeargenerally correlates to the size (one, two, or three bedrooms) and season in the interest that the),, purchase. Reservation timeline and rental opportunities. The accompanNing graphic also shows the time franic during which units must be reserved for owners to control their interests. As can be seen, an owner must res-ervfic their ffixed week at least 6 mondis, and no more than. 12 months, before the scheduled arrival date. 1kcause of the lockoff configuration each owner will have one, two or three keys as part of their single unit. 1,Vhen, they resen,e their fixed week they may, rescne at or part of their unit for their own personal. use, or to rent to the general. public (through the, source of their, choice.). If the Owner fails to claim their . unit by the 6 month threshold, or inforn-ts management within the 6 to 12 montli timeline that they wish to convert their fixed time into points the fixed time Wven up becomes available to other owners in all participating resorts for. exchange. This "exchange market" will represent a huge opportunity for "',new trials"' to Aspen as the Hyatt Gfrand Aspen will be the only opportunity for millions of timeshare owners to visit Aspen on exchange, Hyatt Grand Aspen Pro)ect Sum-maq and Use Plan If an interest is still v- acant 60 days prior to arriva.] it is then put on the open market for rent. The accompanying graphic also shows what percentage of renting Aspen visitors make their reservations within 60 days of arrival. This statistic was provided by ACR and is important because it shows that a huge ma1jonty of our Aspen visitors .1 , make their reservations within 60 days of arrival. For *instance, 91 1/`0 of our visitors in August book their holiday after June 1. Meaning that at bast 9 1 °,10 of the visiting public will have a shot. at renting vacant units in the Hyatt Grand Aspen. I say "at least"' because many, Hyatt owners wilJ rent their units themselves and make their units available in the rental market as much as a year in advance of am'val date. This stem insures that the general public will be able to consider the Hi-att as a rental alternative when planning their trip to Aspen, any day of the year. Mr. and Mrs. John Q Traveler sample. Mr. and Nits. Traveler have never been able to afford to buy a whole condo in Aspen, but now they can afford a twentieth interest in the Hy2tt Grand Aspen. So theN, and their ru�o children buy Week 35 (last week in August) in a three bedroom three bathroom /mo lockoff unit (3 keys). Their unit is assigned "x" points annually for exchange and use %vith 1,800 other resorts world wide, The Travelers come most,l), for a week in August with their kids and use all the roorns, but they save their float days for 6 days of skiing without the kids and rent out their 2 lockoffis during those 6 days to help offset the expenses. The remaining four days, for the whole t, they unit, let go into the system for exchange or rent by Hyatt and then use those ni points for exchange unit in Key West, F',vcry year they use their point.-, differently. One year they put the whole unit in the S\F,Stcm for exchange or rental by Hyatt making them eligible to receive like &-lys in li-e units in participa tmig resorts around the world, or takeadvn*antage of gettig longer stays in smaller units. Oneyear the Travelers elect to exchange points for separate vacations in smaller units in Carmel, Beaver Cteek, and Key, West-. The next year just the parents come to Aspen for 4 days in June (float time) durinL), the Food and Wine Festival and occupy a lockoff for themselves and rent the full two bedroom unlit out then-isch.,es (through the Hyatt). 'Fhe rest of the year they rent out the unit (through Aspen Central Reservations) and pocket the income. The list of possibilities goes on and on, but in no case are the Travelers incentivized to leave their unit empty If they don't come, - lust Eke there is not incentive fora. hotel room renter who pays 1001/o of the bill in advance of arrival, and then later dccides not to come, to not make an effort to get. the unit rented or used so as to get the deposit back. Grand .Aspen - I.-INratt Timeshare Use Prograll-I AdvAiwc Booking AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: L���/C , Aspen, CO SCHEDULED PUBLIC HEARING DATE: )200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, 0G (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 of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, 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 ten -(I 0) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V_Mailin o notice. B the mailing of a notice obtained from the Comuni g f Y g tY Development Department, which contains the information described in Section 26,,�04.060(E)(2) of the Aspen Land Use Code. At least ten (10) 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 of the property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (3 00) feet of the property subject to the development application. 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 the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) EXHIBIT A N P 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 of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this 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 of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Si afore The foregoing "Affidavit of Notice" was acknowledged before me this jj day of 200 t , by -}� WITNESS MY HAND AND OFFICIAL SEAL y P U B L!C MY COMMISSION EXPIRES Q.Q'.•' My co ission expires• 11/09 •0 � O •-'�' Notary Public • o • •v ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE 0 WNERS AND GO VERNMENTAL A GENCIES NOTICED BYMAIL PUBLIC NOTICE RE: ASPEN MOUNTAIN PUD/SUBDIVISION FINAL PUD REVIEW FOR LOT 5 (GRAND ASPEN SITE) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 13, 2001, at a meeting to begin at 5:00 p.m. before the Aspen Planning and Zoning Commission, Pitkin County Library meeting Room, 120 N. Mill St., Aspen, to consider an application submitted by Four Peaks Development Corporation, requesting final PUD approval to develop Lot 5 (Grand Aspen Site) as follows: • 51 Fractional Ownership Units • 9 Deed Restricted Affordable Housing Units The proposed PUD on Lot 5 requires the following actions to be taken by the Planning and Zoning Commission: • Final PUD Development Plan • Subdivision • Condominiumization • Timeshare • Conditional Use Review • Mountain View Plane Review • Special Review • GMQS Exemptions RE: CONTEXTUAL LAND USE CODE AMENDMENTS TO SECTION 26.470, GROWTH MANGEMENT QUOTA SYSTEM, AND SECTION 26.590, TIMESHARES Four Peaks Development Corporation is also requesting two Land Use Code Amendments. The first amendment request is a proposed -amendment to Land Use Code Section 26.470, Growth Management Quota System. This amendment would create a process to convert lodge reconstruction credits to residential development rights. The second proposed amendment request is a proposed amendment to Land Use Code Section 26.590, Timeshares. This amendment would allow City Council to vary review standards for_ Timeshares. The property is legally described as Lot 5,.Aspen Mountain Subdivision and PUD; and is referred to as the former Grand Aspen Hotel site. For further information, contact Fred Jarman at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5102 or by email at fredj@,ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 27, 2001 City of Aspen Account jAX MOUNTAIN ASSOCIATES LTD COLOP.ADO LIMITED PARTNERSHIP P ?09 �r ) 81612 3AER THOMAS H 50 CLAYTON AVE BRIE, PA 16509 BAKER RACHAEL ANN 521 E COOPER AVE ASPEN, CO 81611 BESMAN PASCAL & LINDA 275 KINGS POINT RD #4D-E KINGS POINT, NY 11024-1012 BOURQUARD RICHARD E O'SHAUGHNESSY JANE A 2492 E TERRARIDGE DR HIGHLANDS RANCH, CO. 80126 BRIGHT EDGAR A G JR 300 PLAZA ONE SHELL SQUARE NEW ORLEANS, LA 70139 CARELLA RICHARD J & JOAN 418 MILL CREEK RD GLADWYNE, PA 19035 CHABAY ILAN 555 E DURANT 93D ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ASPEN SKIING COMPANY ANDERSON BRUCE J PO BOX 1248 700 S MONARCH #207 ASPEN, CO 81612- ASPEN, CO 81611-1854 BAKER HUGH LEE JR CASEY NANAH B 555 E DURANT AVE STE 2K ASPEN, CO 81611 BEAN ROBERT B HILLTOP RD WILSON POINT NORWALK, CT 06854 BICKERS EVERETT E 3320 OLD HILL RD FLOYDS KNOBS, IN 47119 BRADFORD JEAN S TRUST NO 1 1112 RACE ST DENVER. 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PO BOX 121SAX 3 LLC 4401 NORTHSIDE PKWY - STE 340 ASPEN, CO 81612 ATLANTA, GA 30327 SCHIMBERG HENRY A AND LINDA AS JOINT TEN C/O RACHEL DUGGAN 750 DALRYMPLE RD APT D3 ATLANTA, GA 30328 SHERWIN GREG P 0 BOX 4262 BOULDER, CO 80306 SLOANE A RICHARD & tAROLYN J 124 RIGHTERS MILL RD GLADWYNE, PA 19035 RHOADES CHRISTINE ANN LYON LIVING TRUST 644 GRIFFITH WY LAGUNA BEACH, CA 92651 ROLF ROBERT WILLIAM 747 GALENA STREET ASPEN, CO 81611 RUTHERFORD GROUP 5514 CALUMET AVE LA JOLLA, CA 92037 SAPER JORDAN 528 VISTA GRANDE NEWPORT BEACH, CA 92660 SCHERER ROBERT P III C/O STEPHEN M SCHERER 7510 YORK DR ST LOUIS, MO 63105 SHAPIRO EUGENE B & MARLENE R SEGUIN MIKE A C/0 MARGEN MANAGEMENT CO PO BOX 1914 5 REVERE DR STE 320 ASPEN, CO 81612 NORTHBROOK, IL 60062 SILVER CIRCLE RINK LLC ICE RINK 308 S GALENA ST ASPEN, CO 81611 SLT ASPEN DEAN STREET LLC C/O STARWOOD HOTELS & RESORTS TRUST 2231 E CAMELBACK RD STE 410 PHOENIX, AZ 85016 SIMMONS SUSAN K 31381 MONTERREY ST S LAGUNA, CA 92677 SOLOMON GARY L 3139 N LINCOLN CHICAGO, IL 60657 TAUBER REAL ESTATE LLC TALLICHET DAVID C JR TRUSTEE 1/2 MICHIGAN LIMITED LIABILITY 'NEMAN MARY JANE & ROBERT TALLICHET CECILIA A UND 1/2 COMPANY -....,'WILDHURST RD 4155 EAST LA PALMA AVE 27777 FRANKLIN RD STE 1850 TONKA BAY, MN 55331 ANAHEIM, CA 92807 SOUTHFIELD, MI 48034 11 TIPPLE INN # 12 LLC ' AVEL MORTON &CAROL - TICONDEROGA COMPANY 3108 COVINGTON LAKE DR GARY JACOBS P 0 BOX 59 - ATT1S: ADELINA GUZMAN 139 FREDER.ICK DR S ''OLIS, IN 46260 FT WAYNE, IN 46804 LAREDO, TX 78042-0059 DT TRUST A UNDER THE WILL OF JACK P I TOBEY ROBERT W & PATRICIA A TRIPP PAUL 231 MA RGARET ST HUNT HUNT DAMES S JR C/0 -1 CHERRY HILLS FARM DR KEY WEST, FL 33040 1700 NW 97 TERR �NGLEWOOD, CO 80110-7113 CORAL SPRINGS, FL 33071 E WAGNER & BROWN LTD VASTEPHEN W & SHARON H STE 1100 THE 300 N TULIPANI FAMIL Y TRUST 1352 BAY ST LDSUMMIT MARIENFE 747 S GALENA ST #201A ALAMEDA, CA 94501 PO BOX 1714 ASPEN, CO 81611-1872 MIDLAND, TX 79702 i WATKINS DAN H TRUSTEE WATSON MARCIA J WARGASKI ROBERT E TRUST gTH ST PO BOX 3412 3575 30353 N DOWELL RD 3575 NE, IL 61265-7157 ASPEN, CO 81612 MOLIMCHENRY, IL 60050 WEATHERBY LIVING TRUST WEIGAND N R WEINGLASS LEONARD PO BOX 11509 C/O WEATHERBY 150 N MARKET ST ASPEN, CO 81612 555 E DURANT AVE #3B WICHITA, KS 67202 ASPEN, CO 81611 WHEELER CONNIE CHRISTINE WITZ EUGENE NORTH OF NELL CONDO ASSOC C/O W r,,,i4ER STEFANIA P TRUST MC CALLION GERARD »> EAST DURANT 9555 LADUE RD ST LOUIS, MO 63124 322 E 57 TH ST #3B NEW YORK, NY 10022-2949 ASPEN. 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