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Land Use Case.701 S Aspen St.0061.2017.ASLU
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PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0061. 2017.ASLU PROJECT ADDRESS 701 & 710 SOUTH ASPEN STREET PARCEL ID 2735 131 01 001 PLANNER HILLARY SEMINICK CASE DESCRIPTION SUBDIVISION PD REPRESENTATIVE SUNNYVANN DATE OF FINAL ACTION SEPT 22, 2017 CLOSED BY ANGIE SCOREY 11.13.17 Pernitt :273943/.39·Co/cur »4 62 C · 20{ 7 · Asull - m Alt- 2,7-390|.m.0 - */%@@*b.J > ~~.i 7,9,~.~,~ Record Navigate Fgrm Reports - Format Iab Help ~ -9•~ -.3i~k.: € *6~htl. *a~~ti, , i€16~00-li91 1 , Mm@Alumpl *&*Iliole] i 9 2 H 2 8 0*0iI 7 -9 [b m ~# 4 .m . 40„ ~rv1ain~ Custom Fields 'Routing Status ~ Fee Summary I Actions I Routing History 1 4 'Prefet„m„m fu:-40«:N:;«ilk»,49·:91«+U:'#:6' 6~~4+r «©9 .y/4 M.J .0 ~: ~Jilttype as'u *11 ]Aspen Land Usi~ Permit * CO·61.2017.ASLU - ...+f,Dra~ .N.*#.* :I:,r-Fre 4 4/.I-g.. 2*Id-Il#MI w.u. I V . Address 701 AND 710 SOUTH ASPEN ST I··· Apt,Suite LIFT ONE LODGE 14. ' City A.SPEN P i-. - Statz Co imp ., 81611 ·· ©Permit Informaaort ylllllllllllI~pll~~~~~~~~~~~lll'Il. _ , .„wi~gor 60 -~~#--#..9,/""///1/P - Master permit Routing queue aslu 1 5 Applied 07/282017 p : Project ·· ' Status pending Approved | v Description APPLICATION FOR LIFT ONE LODGE PD / SOUTH ASPEN STREET TOWN HOMES PD Issued JOINT INSUBSTANTIAL PDAMENDI.IEFIT ADDmONAL DEPOSIT FEES FOR Crl-Y ATTORNEY 5325.00 WILL BE ENTERED AS A J.E. Closed/Final 1 ¥ Submitted MICHAEL BROWN 544 4189 Clock Running Days ~~~~~ Expires C7/21/2018 9 Submitted via j ' Owner -' - Last name LIFT ONE LODGEASPEN, LE · · First name 605 W MAIN ST 7 Phone (970) 544-4187 2 Address ASPEN CO 81611 AppliGant ~ Owner is applicant? Il Contractor is applicant? Last name LIFT ONE LODGEASPEN, LL- · First name 605 W MAIN ST 2 Phone (970) 544-4187 Cust # 30251 ·-- Address ASPEN CO 81611 Email Lender Last name · · · First name Phone () - Address 91R4'41 (Ce'& 4 \300 ·O0 E-t) 445 4 325·00 0% 0473 6 4325 ·00 (24 205-2_ 7/ 9, ~11£-~ p * 46615 4©47 P Mt|11 032®NI LIFI' ONE LODGE ASPEN LLC. I)ate 07-21-17 Check No. 2052 Invoice Descriptien Account Distribution DEFERMENT APPLICATION 5420-01 1,950.00 Number 20170721 INVOICE#20170721 InvBatch#: 181 Vendor CITY_ASPEN Date 07-21-17 Payment 1,950.00 Doc ID 0001825786 111111111 lilli 111 mill 1111111111111111111'llililillill'11.111111 RECEPTIv„#: 641690, R: $63.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 11, 09/22/2017 at 12:07:06 PM Janice K. Vos Caudill, Pitkin County, CO THIRD AMENDMENT TO AMENDED AND RESTATED SUBDIVISION/PUD AGREEMENT FOR SOUTH ASPEN STREET SUBDIVISION/PUD This Third Amendment ("Amendment") to Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD, effective this z 1 day of Seele,•110 e r 2017, is made and entered into by and between ASV ASPEN STREET OWNER LLC a Delaware limited liability company ("ASV") and the CITY OF ASPEN, Colorado, a Colorado municipal corporation (the "City"). RECITALS A. ASV and the City are parties to that certain Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD dated December 16,2014 that was recorded in the real estate records of Pitkin County, Colorado on December 19,2014 at Reception No. 616165 (the "Original Agreement"), as amended by that certain "Notice of Approval" recorded in the real estate records of Pitkin County, Colorado on April 21, 2016 at Reception No. 628736 (the "First Amendment"), and that certain Second Amendment to Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD that was recorded in the real estate records of Pitkin County, Colorado on July 1,2016 at Reception No. 630425 (the "Second Amendment"; and collectively with the Original Agreement and the First Amendment, the "PUD Agreement"). B. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the PUD Agreement. C. Pursuant to the Second Amendment, ASV is required to complete certain improvements to South Aspen Street, which are defined and described in the Second Amendment as the "Revised Street Improvements', and such "Revised Street Improvements" are required to be constructed in two phases, which are defined and described in the Second Amendment as the "Phase I Street Improvements" and the "Phase II Street Improvements", respectively. D. The Phase II Street Improvements include the following components (the "Applicable Components): 1) A snowmelted public sidewalk on the east side of South Aspen Street south of the vehicle turn-around, as described and depicted in Exhibits A and B attached hereto; and, 2) A municipal water main located east of South Aspen Street along the southern boundary ofthe Ll L property, as described and depicted in Exhibits A and B attached hereto. 1 E. The 2016 estimated cost of the Applicable Components is $341,197.56 as set forth on Exhibit C attached hereto. F. Article 11, Section 2 of the PUD Agreement contemplates a cost-recovery arrangement between ASV and other property owner(s) along South Aspen Street that would be required to provide and would benefit from certain street/sidewalk, utility, and drainage improvements. G. The Lift One Lodge project (the "LlL Proiect"), owned by Lift One Lodge Aspen, LLC ("Ll L") is located directly east of the ASV project on the east side of South Aspen Street. H. The Applicable Components are located in close proximity to the LlL Project. Construction of the LIL Project has a high probability of damaging the Applicable Components and requiring them to be rebuilt by Ll L at an unnecessary additional cost and with unnecessary additional service and construction disruption to the public. l. ASV is, in coordination with Ll L and the City, being relieved of the obligation to construct the Applicable Components, and Ll L is willing to assume the responsibility and obligation of completing the Applicable Components concurrent with Ll L's development of the Ll L Project. J. ASV and the City desire to amend the PUD Agreement to reflect their mutual understanding and agreement concerning the release of ASV's obligation to construct the Applicable Components, as provided herein and subject to acceptance by Ll L of the costs, responsibility, and obligation to construct the Applicable Components. K. LlL has accepted the costs, responsibility, and obligation to construct the Applicable Components, pursuant to that certain Second Amendment to Development Agreement for Lift One Lodge Subdivision/PUD recorded in the real estate records of Pitkin County, Colorado on 59¥40 62<-22,20,-7 at Reception no. 64/ 69 9 . Now Therefore, ASV and the City hereby amend the PUD Agreement as follows: 1. Article II, Section 2 ofthe PUD Agreement is hereby amended to provide that: i. Effective as of the date of this Amendment, the Revised Street Improvements do not include, and ASV is hereby released from any obligation to construct, the Applicable Components, except that a five-foot wide asphalt sidewalk, not including snowmelt piping, shall be developed along the east side of South Aspen Street in the same general alignment as depicted in Exhibit B. ii. The City hereby agrees that the amount of the surety provided by ASV in connection with the PUD Agreement shall be reduced by $511,796.34 (i.e., from $1,875,000.00 to $1,363,203), which represents 150% of the estimated costs of the Applicable Components. All other aspects of the surety requirements and 2 release provisions shall remain in full force and effect. iii. All other installation requirements, progress checks, inspection requirements, and remedies for delayed progress, as stated in the PUD Agreement shall remain in full force and effect. iv. All other requirements necessary to achieve Certificates of Occupancy for Lot 1 and Lot 2, as previously stated in the PUD Agreement, shall remain in full force and effect. 2. Except as amended hereby, the PUD Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment on the date written above. 1 ~¢2~ftttELE oration By: Print Name: %*ue..1 9#7*har) Title: Hajof, C *1 4 Aspei STATE OF Colirdo , )SS. COUNTY OF 70WR ) Thv foregoing Amendment was acknowledged before me this '~,6.:& day of *1*m 1*~ 2017 by 5 +CARn 61Uolroq (name), ft'Al#L (title) ofthe City ofAspen. -1 1 TARA L. NEI.SON WITNESS my hand and official seal NOTARY Pli,6.: IC My commission expires: 9l-0 <1001// . STATE Of- C.I'L!.O,1.# 00 /[U· Ni 19vy\ -My Commission Ex.: cg 25,2021 NOTARY 18*pr... i r,· m017 . .1.- Notary Public 3 IN WITNESS WHEREOF, the parties have executed this Amendment on the date written above. ra / ASV ASPENWFP ET R LC, a Delaware limited liability company c k )&~L~~E~321 By: David Parker, Director STATE OF Color« 1 o ) )SS. COUNTY OF R 1- Lib ) The foregoing Amendment was acknowledged before me this 15 -'Fay of &4~ ._ 2017 by David Parker, Director ofASV Aspen Street Owner LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: 0-9 k«re k 2 030. // . GREGORY P. SASKIEWICZ @1 */,K , '~7Li nu·.-3 NOTARY PUBLIC $&tiy~ le STATE OF COLORADO NOTARY ID #20084011197 My Commission Expires March 28,2020 1 f 4 illit Exhibit A July 10,2017 Memorandum from Sopris Engineering Describing the Components [see attached pages] Exhibit B Annotated Drawings Prepared by SGM Engineering Depicting the Components [see attached pages] Exhibit C August 28,2017 Cost Estimates of Components [see attached pages] 5 July 10, 2017 Trish Aragon, PE Exhibit A City Engineer City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: Lift One Lodge PD Insubstantial Amendment Summary SE Proposal No. 15185.03 Dear Trish, This letter has been prepared in support of the requested insubstantial amendment to the Lift One Lodge (LOL) PUD. The requested amendment includes the deferment of approximately 500 lineal feet of 16" water main along the south side of Lot 1 as well as the postponement of the proposed snowmelt sidewalk along the east side of S. Aspen Street. These improvements are included within the approved S. Aspen Street Right-of-Way Permit drawings associated with the One Aspen Project, which are currently underway. The justifications for postponing these particular improvements are provided below. The primary purpose for deferring a portion of the 16" water main along Hill Street has to do with the proposed alignment and proximity to the LOL Project Site. As currently designed, the proposed 16" water main falls within 2-ft of the southern property line of Lot 1. This location creates challenges as it relates to the vertical construction of the Lift One Lodge Project as the water main would fall within just a few feet of future excavation and shoring stabilization required to construct the building. This condition would put the water main at risk of freezing during winter construction months and it creates a dangerous situation for workers. For these reasons, portions of the 16" water main would likely need to be removed if installed in the current configuration in order to accommodate the required shoring and excavation of the LOL Project. Furthermore, without completely understanding the potential re-design of the LOL Project in support of possibly bringing the lift further down the hill as well as the re-design of the Gorsuch Haus that is currently underway, postponing this particular section of water main will provide an opportunity to vet out other alignments through this area that may result in an improved design and interconnection of the City's water system. The attached 16" Water Main Exhibit (Exhibit A) illustrates the portion of the 16" water line that should be postponed and constructed at a later date and after the above mentioned concerns have been addressed. Based on our review of the previously prepared technical memos prepared by SGM dated May 13, 2015 and February 12, 2016 it is our opinion that deferring the 500-ft of water main installation and utjlizing the existing 12" water main between S. Monarch Street and S. Aspen Street will not negatively impact the One Aspen Project or surrounding area. This is based on the results of the water model, outlined within the May 2015 memo, that anticipated a 14" water main along S. Aspen Street to replace the existing 6" water distribution main & 12" transmission main running along S. Aspen Street and keeping the water line between S. Aspen Street and S. Monarch Street as a 12" line. The results of this analysis indicate that these improvements will provide a significant increase to available flows at the surrounding fire hydrants and will meet or reduce velocities based on cross sectional area of the existing and proposed water lines. The February 2016 technical memo was simply an update based on the City's requirement for making the proposed 14" water main a 16" water main because the City does not have any other 14" lines in their distribution system. The other item being requested as part of this insubstantial amendment is the postponement of approximately 460 lineal feet of 5-ft wide snowmelt sidewalk proposed along the east side of S. Aspen Street; as illustrated on Exhibit B. The required excavation, shoring and construction access for the LOL Project will conflict with the location of this sidewalk. Furthermore, since the LOL Project will be 502 Main Street · Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENSINEERING • UC civil consultants SE Proposal # 15185.03 LOL PD Insubstantial Amendment Page 2 supplying the source for this snowmelt system, it does not make sense to install a sidewalk with snowmelt tubing without having a better understanding of the overall demand and/or locations of the various zones and required manifolds required to operate the system. As a result, any snowmelt sidewalk installed as part of the current S. Aspen Street Improvements will be removed, end up in a landfill and then need to be rebuilt from scratch, creating a significant waste of resources. Lastly, since the LOL Project will be providing the source for powering up the snowmelt system, the actual snowmelt sidewalk will not be operable until after the completion of the LOL Project. It should be noted that the S. Aspen Street Improvements that are currently underway include the construction of a 5-ft wide sidewalk along the west side of S. Aspen Street. This sidewalk should serve the demand of pedestrian traffic until the LOL Project is completed. As a final note regarding the deferment of the infrastructure discussed above, it should be mentioned that the LOL Project is currently pursuing re-design studies to determine if the new proposed Lift 1-A can be extended further down the hill. Any modifications to the current site plan to accommodate this would likely be substantial and require a significant amendment, or totally new approval, for the LOL Project entitlements as well as potentially impacting the location of the 16" water main as it passes along the south side of Lot 1 as well as the alignment of the proposed sidewalk along the east side of S. Aspen Street. In support of establishing securities for the requested deferral of the 16" water main between S. Aspen Street and S. Monarch Street and the east sidewalk along S. Aspen Street our office has reviewed the previous cost estimates associated with the utility and infrastructure improvements along S. Aspen Street, as described within the Second Amendment to the Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD. The line items and costs associated with the requested deferral of the 16" water main and sidewalk were broken out and are summarized within Exhibit C in support of re-establishing securities with the City. We are happy to meet with you at your convenience to discuss any questions and/or concerns you or your staff may have and thanks in advance for your time and consideration. Sincerely, SOPRIS ENGINEERING, LLC 1 1 -- -- Jesse K. Swann, P.E. Project Engineer Enc: Exhibit A: 16" Water Main Deferral Exhibit Exhibit B: East S. Aspen Street Sidewalk Deferral Exhibit Exhibit C: Cost Estimate Breakout for Deferred Improvements CC: Michael Brown Aaron Brown Tom King Bart Johnson Yancy Nichol Adam Roy 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENSINEERING · LLC civil consultants f- ----.- --/Re - -= - - -~ ~~ Graphic Scole **Wo,i i ' w....Irm,In'| - /'i tilit. +21=2-- . L.+~ad-~d- ······· - _3 ..% 1= ..1 1.- 10 /~~0-nd- witt, LIM .1/ 41 $*S,2, /1 0,2- -Ir• -.lism: =i / N /1..74. - r 7 -3. .% , f i / _-1>r.>. *530' . 3-#&26 N.. .- / I g ---2 0 /ag--~ / -4 r /=751 1 & I. 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P 1 1 ' , 0.. 2 F'EDO?MS¥, - iii Ili Pk ·; ti; 501 i .../// i. 1 34 2*: 411 5 1 ' S/08-- 0 nFE ' PED£37~4~ 2*- .==SSS>' ' ---1--- I. 61....%7,5 10*LL / 0.PE i Foam-, ./ ~ · APPROAMAE.15' IN HER2·17 t 0 ,-E™W~t ~JIC~ED PE~U7RIMf 10WP i : /1 \ 1 Typhtl Sount .PEN sT. :L··---7 (c'~Tr»;:p·m m:':I~ 1 ji ;S- 2+00 8 1,~SEr"OV : i r \ 1 : 1.11 - Snowmelt sidewalkto be 1 \ *i-·[ i·~ 4' defered and included as part Graphic Scole 1, ¥ --* \ 11 J.6 , ' c - 11! plti,] 1 -· r ! 1XM+\ \ 1 ' 2- ofthe LOL Project A5 -foot-wide S PLAN VIEW - SOUTH ASPEN STREET STATION 0+00 TO STATION 4+42.20 _asphalt sidewalk, M : x t g */.'£*.0 *m-C TYPE.4/ . t.' :am« > 1-~··f ~i~ F t.2,0 -OSS-SECn04"ECIN- ir * piping, shall be / w rl-31 Ii· p rpe:2-1. \ \%- developed in this -i - « it=312A. 1 -/ 1 ./9, 0,UET .--i-& --.-I-.- , ... 4 -4 J. 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COLORADO „~ 4 -C Exhibit C: One Aspen Exhibit ( Cost Estimate of Deferred Infrastructure August 28, 2017 South Aspen to Summit General Condiions Description Unit Qty Unit Price Amount Mobilization EA 1 $ 4,391.00 $ 4,391.00 Erosion, Sediment Control and Site Remediation LS 1 $ 15,000.00 $ 15,000.00 Pothole Existing Lines* HS 4.76266 $ 468.94 $ 2,233.40 Dust Control* LS 0.15876 $ 2,448.61 $ 388.73 Clearand Grub* LS 0.15876 $ 5,227.55 $ 829.90 Asphalt Demo* SF 1318.46 $ 1.71 $ 2,254.57 Traffic Control' LS 0.31751 $ 40,000.00 $ 12,700.42 General Conditions $ 37,798.02 Note: The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street and the 16" water line from S. Aspen Street to Monarch Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment, and final amounts for the * items above are based on a pro rata breakdown between the work to be completed under teh active building permits, and the work to be deferred. South Aspen to Summit tie in Description Unit Qty Unit Price Amount Water line removal Summit to South Aspen LF 480 $ 75.92 $ 36,441.60 16" Water line LF 500 $ 200.35 $ 100,175.00 Installation of 16" butterfly valves EA 5 $ 5,715.82 $ 28,579.10 Insulate water line 48 If EA 1 $ 6,545.49 $ 6,545.49 Insulate water line 21 If EA 4 $ 2,707.00 $ 10,828.00 6" water service Contract Price regardless of length EA 1 $ 5,227.18 $ 5,227.18 4" water service Contract Price regardless of length EA 3 $ 6,959.87 $ 20,879.61 2" water service Contract Price regardless of length EA 1 $ 4,851.69 $ 4,851.69 Hydrant Assembly EA 1 $ 10,000.00 $ 10,000.00 Remove existing hydrant assembly EA 1 $ 1,494.72 $ 1,494.72 storm headwall work EA 1 $ 9,344.51 $ 9,344.51 6" tie in on Monarch st. w/ 2-6" gv LS 1 $ 11,101.46 $ 11,101.46 8" tie in on Monarch st. w/ 2-8" qv LS 1 $ 10,728.89 $ 10,728.89 Tie into existing 6" water service/gate valve EA 1 $ 6,621.71 $ 6,621.71 Remaining Temp water service per C36 LS 1 $ 10,000.00 $ 10,000.00 Monarch Asphalt Prep SF 1,000 $ 2.33 $ 2,330.00 Monarch Asphalt Tons 30 $ 100.00 $ 3,000.00 South Aspen to Summit Tie In $ 278,148.96 Note: The cost estimate above reflects the requested deferred work items associated with the 16" Water Line Improvements between S. Aspen Street and Summit St.. All units prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Misc prep work Description Unit Qty Unit Price Amount ADA Ramp prep (base material included in unit price) EA 2 $ 396.69 $ 793.38 Sidewalk prep (base material included in unit price) SF 2290 $ 1.68 $ 3,847.20 Aspen St. Sidewalk LF 458 $ 45.00 $ 20,610.00 Misc prep work $ 25,250.58 Note: The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Total for Deferred Work $ 341,197.56 111111111-1111111111111111111111111111111111111111111111111111111111 RECEPITON#: 641689, R: $68.00, D: $0.00 DOC CODE: AGREEMENT Pg 1 of 12, 09/22/2017 at 12:07:05 PM Janice K. Vos Caudill, Pitkin County, CO SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD (this"Amendment") is made as ofthe 21 day of 5ee tern b o r 2017, by and between LIFT ONE LODGE ASPEN LLC, a Delaware limited liability company ("Owner"), and the CITY OF ASPEN, COLORADO, a Colorado homerule municipal corporation (the "City"). Recitals A. Owner (as the successor-in-interest to Roaring Fork Mountain Lodge - Aspen, LLC) and the City are parties to that certain Development Agreement for Lift One Lodge Subdivision/PUD recorded in the real property records of Pitkin County, Colorado (the "Records") on March 5,2013 at Reception No. 597439, as amended by the First Amendment thereto recorded in the Records on December 30,2016 at Reception No. 635076 (collectively, the "Development Agreement"). B. The Development Agreement concerns the development of a lodge and condominium project, with certain associated facilities and amenities, all as more particularly described in the Development Agreement and the City approvals for the project (collectively, the "L1 L Project"). The final planned unit development plans for the Ll L Project were recorded in the Records on March 5, 2013 in Plat Book 102 at Page 4, at Reception No. 597441, and amended by the amended planned unit development plans recorded in the Records on December 30,2016 in Plat Book 117 at Page 23, at Reception No. 635075 (collectively, the "PUD Plan Set"). C. Pursuant to the Development Agreement, certain improvements are required to be made to the City' s utility infrastructure and South Aspen Street right-of-way as provided in Article III ofthe Development Agreement and the PUD Plan Set. D. Sections 3.3,3.4, and 3.5 of the Development Agreement contemplated a cost- recovery arrangement between Owner and other property owner(s) along South Aspen Street that would be required to provide and would benefit from certain street/sidewalk, utility, and drainage improvements. E. The South Aspen Street Townhomes development, owned by ASV Aspen Street Owner LLC, a Delaware limited liability company ("ASV"), is located directly west of the L1L Project on the west side of South Aspen Street. ASV has agreed to and is required to develop certain improvements to the public street, sidewalk, public utility, and drainage systems (the "Public Improvements"), all as identified in the Second Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded in the Records on July 1,2016 as Reception No. 630425 (the "SAS Agreement"). F. Certain components of the Public Improvements are located in close proximity to the Ll L Project property and consist of: (i) a public sidewalk plumbed for snowmelting on the east side of South Aspen Street south of the vehicle turn-around, along the western boundary of the {A0109936 /1} LlL Project, as described and depicted in Exhibits A and B; and (ii) a municipal water main located east of South Aspen Street along the southern boundary of the Ll L Project, as described and depicted in Exhibits A and B (the "Applicable Components"). The projected costs of these Applicable Components is itemized on the attached Exhibit C. The Applicable Components were originally to be constructed by Owner pursuant to Article III of the Development Agreement, but SAS agreed with Owner and the City that SAS would construct the Applicable Components with a right to receive a pro-rata reimbursement from Owner pursuant to the terms of a separate agreement. G. Construction of the LlL Project has a high probability of damaging the Applicable Components and requiring them to be rebuilt by Owner at an unnecessary additional cost and with unnecessary additional service and construction disruption to the public. H. Owner is, in coordination with ASV being relieved of the obligation to construct the Applicable Components, willing to re-assume the responsibility and obligation of developing the Applicable Components concurrent with its development ofthe LIL Project. I. Owner and the City desire to amend the Development Agreement to reflect their mutual understanding and agreement concerning the acceptance by Owner of the obligation to construct the Applicable Components, subject to the terms provided herein and concurrent with the City's release of ASV's obligation to construct the Applicable Components pursuant to the Third Amendment to Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD, recorded in the Records at Reception No. 64/490. Agreement NOW, THEREFORE, the City and the Owner hereby agree as follows: 1. Incorporation of Recitals: Ratification. The Recitals given above are incorporated into this Amendment and the factual assertions in such Recitals are confirmed as being true and accurate. 2. Amendment of Development Agreement. The Development Agreement is hereby amended to provide as follows: a. Owner shall develop, at its sole cost, the Applicable Components as described herein and as depicted and detailed in Exhibits A and B. b. Owner shall provide an adequate performance guarantee pursuant to Sections 26.490.070.A.7 and 26.490.070.C ofthe City ofAspen Land Use Code (the "LUC") to secure completion of construction of the Components pursuant to this Amendment. The guarantee amount shall be $796,491.93, representing the estimated costs of the Applicable Components as of 2016 ($341,197.56) as described in Exhibit C, and then converted to a 2017 estimate based on an assumed and agreed upon annual inflation rate of 7.65%, then multiplied by 150% to comply with the City's requirements, and then further inflated to the year of the below- described initial Completion Deadline (the year 2022). {A0109936 /1 3 2 c. Inspection of the work and release of the performance guarantee/surety shall be according to the procedures and requirements provided in Section 26.490.070.D of the LUC. d. Construction of the Applicable Components shall be completed by Owner within five (5) complete civil development seasons (April 1 - October 15) after the recording of this Amendment in the Records (as such deadline may be extended pursuant to the terms hereof, the "Completion Deadline"). e. Notwithstanding the above, the City Engineer may extend the Completion Deadline by any time period deemed in the public interest by written decision, which may also include reasonable adjustments to the surety amount. Qualifying public interests may include a delay to align with the anticipated construction schedule of the LlL Project, the anticipated construction schedule of neighboring properties, the construction schedule of other City utility or right-of-way work, or for other reasons considered by the City Engineer to be in the public interest. f. Owner shall provide a reasonable temporary construction access easement to the City, or other party performing such work, allowing construction of the Components. The easement shall be granted if Owner fails to install the Applicable Components pursuant to this Amendment by the Completion Deadline. The easement shall be of a dimension and duration as reasonably required for the City, or other party, to perform the incomplete work but shall terminate in any event upon completion of the Applicable Components, including reasonable time for inspections, testing, revegetation, and similar activities related to installation ofthe Applicable Components. 3. No Effect on Non-Applicable Components. This Amendment shall not be construed as to represent the entirety of improvements required to be installed by Owner pursuant to the Development Agreement or otherwise limit the City's ability to enforce all other aspects of the Development Agreement or applicable building and development codes, subject to the vested property rights for the LIL Project. 4. Effect. The terms of this Amendment shall govern over any conflicting terms contained in the Development Agreement or the Original Approvals. Except as expressly provided in this Amendment, the Development Agreement and the Original Approvals have not been amended and remain in full force and effect. 5. Recording. This Amendment shall be recorded in the Records. WHEREAS, this Amendment has been executed and consented to as ofthe date first above written. IBalance of Page Intentionally Left Blank. Signatures Appear on Following Pages.J {A0109936/11 3 City: City of Aspen, Colorado, a Colorado homerule municipal corporation ~y: 449-~-« Steven Sk~dron, Mayor Attest: C x900 ~tic' rUL W -1 AA I A /,n Einda Manning, City Clerk APPROVED AS TO FORM: ~ 37 5< - James R. True, City Attorney C [remainder ofpage intentionally blank] {A0109936 /1} 4 Owner: LIFT ONE LODGE ASPEN LLC, a Delaware limited liability company Name: \06011 0>fulk\(/1 Title: .NA-(An0101-er STATE OF (611\44 ni M ) SS. COUNTY OF 415 Avw*j & The foregoing Amendment was acknowledged before me this / ~ dav 3624Mber .2017, by Kth\©M bchaY vu, Il as 401%(in (7YDS@flof Lift One Lodge Aspen LLC, a Delaware Wmited liability company. Witness my hand and official seal. My commission expires: JU\4 3, 202.1 0 Uky Notary Public - Call'ornia Notary Public Los Angeles County 2 Commission * 2204034 - -- {A0109936 /1} 5 Exhibit A July 10.2017 Memorandum from Sopris Engineering Describing the Components [see attached pages] Exhibit B Annotated Drawings Prepared by SGM Engineering Depicting the Components [see attached pages-] Exhibit C August 28,2017 Cost Estimates of Components [see attached pages] {A0109936/1} July 10, 2017 Trish Aragon, PE Exhibit A City Engineer City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: Lift One Lodge PD Insubstantial Amendment Summary SE Proposal No. 15185.03 Dear Trish, This letter has been prepared in support of the requested insubstantial amendment to the Lift One Lodge (LOL) PUD. The requested amendment includes the deferment of approximately 500 lineal feet of 16" water main along the south side of Lot 1 as well as the postponement of the proposed snowmelt sidewalk along the east side of S. Aspen Street. These improvements are included within the approved S. Aspen Street Right-of-Way Permit drawings associated with the One Aspen Project, which are currently underway. The justifications for postponing these particular improvements are provided below. The primary purpose for deferring a portion of the 16" water main along Hill Street has to do with the proposed alignment and proximity to the LOL Project Site. As currently designed, the proposed 16" water main falls within 2-ft of the southern property line of Lot 1. This location creates challenges as it relates to the vertical construction of the Lift One Lodge Project as the water main would fall within just a few feet of future excavation and shoring stabilization required to construct the building. This condition would put the water main at risk of freezing during winter construction months and it creates a dangerous situation for workers. For these reasons, portions of the 16" water main would likely need to be removed if installed in the current configuration in order to accommodate the required shoring and excavation of the LOL Project. Furthermore, without completely understanding the potential re-design of the LOL Project in support of possibly bringing the lift further down the hill as well as the re-design of the Gorsuch Haus that is currently underway, postponing this particular section of water main will provide an opportunity to vet out other alignments through this area that may result in an improved design and interconnection of the City's water system. The attached 16" Water Main Exhibit (Exhibit A) illustrates the portion of the 16" water line that should be postponed and constructed at a later date and after the above mentioned concerns have been addressed. Based on our review of the previously prepared technical memos prepared by SGM dated May 13, 2015 and February 12, 2016 it is our opinion that deferring the 500-ft of water main installation and utilizing the existing 12" water main between S. Monarch Street and S. Aspen Street will not negatively impact the One Aspen Project or surrounding area. This is based on the results of the water model, outlined within the May 2015 memo, that anticipated a 14" water main along S. Aspen Street to replace the existing 6" water distribution main & 12" transmission main running along S. Aspen Street and keeping the water line between S. Aspen Street and S. Monarch Street as a 12" line. The results of this analysis indicate that these improvements will provide a significant increase to available flows at the surrounding fire hydrants and will meet or reduce velocities based on cross sectional area of the existing and proposed water lines. The February 2016 technical memo was simply an update based on the City's requirement for making the proposed 14" water main a 16" water main because the City does not have any other 14" lines in their distribution system. The other item being requested as part of this insubstantial amendment is the postponement of approximately 460 lineal feet of 5-ft wide snowmelt sidewalk proposed along the east side of S. Aspen Street; as illustrated on Exhibit B. The required excavation, shoring and construction access for the LOL Project will conflict with the location of this sidewalk. Furthermore, since the LOL Project will be 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 · Fax (970) 704-0313 SOPRIS ENGINEERING ' UC civil consultants SE Proposal # 15185.03 LOL PD Insubstantial Amendment P ag e 2 supplying the source for this snowmelt system, it does not make sense to install a sidewalk with snowmelt tubing without having a better understanding of the overall demand and/or locations of the various zones and required manifolds required to operate the system. As a result, any snowmelt sidewalk installed as part of the current S. Aspen Street Improvements will be removed, end up in a landfill and then need to be rebuilt from scratch, creating a significant waste of resources. Lastly, since the LOL Project will be providing the source for powering up the snowmelt system, the actual snowmelt sidewalk will not be operable until after the completion of the LOL Project. It should be noted that the S. Aspen Street Improvements that are currently underway include the construction of a 5-ft wide sidewalk along the west side of S. Aspen Street. This sidewalk should serve the demand of pedestrian traffic until the LOL Project is completed. As a final note regarding the deferment of the infrastructure discussed above, it should be mentioned that the LOL Project is currently pursuing re-design studies to determine if the new proposed Lift 1-A can be extended further down the hill. Any modifications to the current site plan to accommodate this would likely be substantial and require a significant amendment, or totally new approval, for the LOL Project entitlements as well as potentially impacting the location of the 16" water main as it passes along the south side of Lot 1 as well as the alignment of the proposed sidewalk along the east side of S. Aspen Street. In support of establishing securities for the requested deferral of the 16" water main between S. Aspen Street and S. Monarch Street and the east sidewalk along S. Aspen Street our office has reviewed the previous cost estimates associated with the utility and infrastructure improvements along S. Aspen Street, as described within the Second Amendment to the Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD. The line items and costs associated with the requested deferral of the 16" water main and sidewalk were broken out and are summarized within Exhibit C in support of re-establishing securities with the City. We are happy to meet with you at your convenience to discuss any questions and/or concerns you or your staff may have and thanks in advance for your time and consideration. Sincerely, SOPRIS ENGINEERING, LLC t«-- Jesse K. Swann, P.E. Project Engineer Enc: Exhibit A: 16" Water Main Deferral Exhibit Exhibit B: East S. Aspen Street Sidewalk Deferral Exhibit Exhibit C: Cost Estimate Breakout for Deferred Improvements CC: Michael Brown Aaron Brown Tom King Bart Johnson Yancy Nichol Adam Roy 502 Main Street · Suite A3 · Carbondale, CO 81623 • (970) 704-0311 · Fax (970) 704-0313 SOPRIS ENGINEERING • ILILC civil consultants Graphic Scale ! H....d gc,eon I i ; "1....Im-/I . I ' [22 IF-11- 10 4--I . 4.-- lAp/ ,\ C ~489: N .// \ -I-'-I--/* 1 -~ . . di ; /0 / * ..- 0.-4 /-' - -1 * -Il:ZZCS* /r=,=Na C. / V-·aual//. - -- -I . I · m-U t / 7. U,I-=4.--L-222- J . ... Oft„11 . t.... '----K.~:&:=t=:uut92/22 --4-1 1 ----4 & r:=he - .-J ~ Exhibit B 1.- . , . 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'... -I Exhibit C: One Aspen Exhibit ~ Cost Estimate of Deferred Infrastructure August 28, 2017 South Aspen to Summit General Condiions Description Unit Qty Unit Price Amount Mobilization EA 1 $ 4,391.00 $ 4,391.00 Erosion, Sediment Control and Site Remediation LS 1 $ 15,000.00 $ 15,000.00 Pothole Existing Lines* HS 4.76266 $ 468.94 $ 2,233.40 Dust Control* LS 0.15876 $ 2,448.61 $ 388.73 Clear and Grub* LS 0.15876 $ 5,227.55 $ 829.90 Asphalt Demo* SF 1318.46 $ 1.71 $ 2,254.57 Traffic Control* LS 0.31751 $ 40,000.00 $ 12,700.42 General Conditions $ 37,798.02 Note: The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street and the 16" water line from S. Aspen Street to Monarch Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment, and final amounts for the * items above are based on a pro rata breakdown between the work to be completed under teh active building permits, and the work to be deferred. South Aspen to Summit tie in Description Unit Qty Unit Price Amount Water line removal Summit to South Aspen LF 480 $ 75.92 $ 36,441.60 16" Water line LF 500 $ 200.35 $ 100,175.00 Installation of 16" butterfly valves EA 5 $ 5,715.82 $ 28,579.10 Insulate water line 48 If EA 1 $ 6,545.49 $ 6,545.49 Insulate water line 21 If EA 4 $ 2,707.00 $ 10,828.00 6" water service Contract Price regardless of length EA 1 $ 5,227.18 $ 5,227.18 4" water service Contract Price regardless of length EA 3 $ 6,959.87 $ 20,879.61 2" water service Contract Price regardless of length EA 1 $ 4,851.69 $ 4,851.69 .Hydrant Assembly EA 1 $ 10,000.00 $ 10,000.00 Remove existing hydrant assembly EA 1 $ 1,494.72 $ 1,494.72 storm headwall work EA 1 $ 9,344.51 $ 9,344.51 6" tie in on Monarch st. w/ 2-6" gv LS 1 $ 11,101.46 $ 11,101.46 8" tie in on Monarch st. w/ 2-8" gv LS 1 $ 10,728.89 $ 10,728.89 Tie into existing 6" water service/gate valve EA 1 $ 6,621.71 $ 6,621.71 Remaining Temp water service per C36 LS 1 $ 10,000.00 $ 10,000.00 Monarch Asphalt Prep SF 1,000 $ 2.33 $ 2,330.00 Monarch Asphalt Tons 30 $ 100.00 $ 3,000.00 South Aspen to Summit Tie In $ 278,148.96 Note: The cost estimate above reflects the requested deferred work items associated with the 16" Water Line Improvements between S. Aspen Street and Summit St.. All units prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Misc prep work Description Unit Qty Unit Price Amount ADA Ramp prep (base material included in unit price) EA 2 $ 396.69 $ 793.38 Sidewalk prep (base material included in unit price) SF 2290 $ 1.68 $ 3,847.20 Aspen St. Sidewalk LF 458 $ 45.00 $ 20,610.00 Misc prep work $ 25,250.58 Note: The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Total for Deferred Work $ 341,197.56 Janice K. Vos Caudill il,TIC IN Transaction Receipt Pitkin County Clerk and Recorder Gyr Print I)ate: 09/22/2017 12:07:12 PM Lou/'r< 534 East Hyman Avenue transaction #441505 Aspen, CO 81611 ------- 413*f~-1-8 -_-- Transaction Type: Recording (970)429-2716 Receipt #2017005334 Cashier: Ingrid Grueter Cashier Date: 09/22/2017 12:07:05 PM Number of Documents Recorded: 2 Reception#641689 - AGREEME-NT - 12pg(s) Recording Surcharge: $3.00 Recording Fee: $65.00 $68.00 Reception#641690 - AGREEMENT - 11 pg(s) Recording Surcharge: $3.00 Recording Fee: $60.00 $63.00 Total Fees $131.00 Payment Received: Check #1183 $63.00 Payment Received: Check #1182 S68.00 Change $0.00 Presented by: BENDONADAMS LLC 300 S SPRING ST UNIT 202 ASPEN CO 81611 I h Hillary Seminick From: Hailey Guglielmo Sent: Tuesday, September 5, 2017 10:51 AM To: Adam Roy CC: Hillary Seminick Subject: RE: SAST 2nd PD Amendment for Cost Estimate Adam, This estimate looks good. Go ahead and include it with the other revisions and submit the updated PD Amendment to Hillary. Thanks, Hailey Guglielmo, EIT Civil Engineer 130 S. Galena St. Aspen, CO 81611 (970) 429-2751 Hailey.guglielmo@citvofaspen.com From: Adam Roy [mailto:adam@methodpd.com-] Sent: Tuesday, August 29, 2017 11:59 AM To: Hailey Guglielmo <hailey.guglielmo@cityofaspen.com> Subject: Re: SAST 2nd PD Amendment for Cost Estimate Hi Hailey: Attached is a revision to the previously submitted cost estimate. I have included all items you requested as described below, including the pro rata breakdown we discussed over the phone. That breakdown summary is also provided in the attached table. Please review and give me a call to discuss. Thanks, Adam Adam C. Roy Method Planning + Development adam@methodpd.com 970.274.0890 1 From: Hailey Guglielmo <hailey.guglielmo@citvofaspen.com> Date: Friday, August 25, 2017 at 1:28 PM To: Adam Roy <adam@methodpd.com> Subject: SAST 2nd PD Amendment for Cost Estimate Adam, PD Amendment is attached. Cost Estimate starts on Page 20. All items need to be included in the new amendment. The list I created of missing items is below. Mobilization included as total amount as provided for in the existing approvals Erosion Control updated to reflect current estimates including full restoration and revegetation Pothole existing lines included as pro rata amount of the existing approved cost estimate for the deferred work Dust Control included as pro rata amount of the existing approved cost estimate for the deferred work Clear and Grub included as pro rata amount of the existing approved cost estimate for the deferred work Traffic Control included as pro rata amount of the existing approved cost estimate for the deferred work Temp Water Services updated to reflect current estimates for the temp service necessary during the completion of the deferred 16" water line Landscape restoration revegetation included in line item with erosion and sediment control Asphalt on Monarch included as a line item for the tie-in construction Asphalt Prep included as a line item for the tie-in construction All gate valves already included in original cost estimates Thanks, Hailey Guglielmo, EIT Civil Engineer 130 S. Galena St. Aspen, CO 81611 (970) 429-2751 Hailey.guglielmo@citvofaspen.com 2 Exhibit C: One Aspen Cost Estimate of Deferred Infrastructure August 28, 2017 South Aspen to Summit General Condiions Description Unit Qty Unit Price Amount Mobilization EA 1 $ 4,391.00 $ 4,391.00 Erosion, Sediment Control and Site Remediation LS 1 $ 15,000.00 $ 15,000.00 Pothole Existing Lines* HS 4.7627 $ 468.94 $ 2,233.40 Dust Control* LS 0.1588 $ 2,448.61 $ 388.73 Clear and Grub' LS 0.1588 $ 5,227.55 $ 829.90 Asphalt Demo* SF 1318.5 $ 1.71 $ 2,254.57 Traffic Control* LS 0.3175 $ 40,000.00 $ 12,700.42 General Conditions $ 37,798.02 Note: The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street and the 16" water line from S. Aspen Street to Monarch Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment, and final amounts for the * items above are based on a pro rata breakdown between the work to be completed under teh active building permits, and the work to be deferred. South Aspen to Summit tie in Description Unit Qty Unit Price Amount Water line removal Summit to South Aspen LF 480 $ 75.92 $ 36,441.60 16" Water line LF 500 $ 200.35 $ 100,175.00 Installation of 16" butterfly valves EA 5 $ 5,715.82 $ 28,579.10 Insulate water line 48 If EA 1 $ 6,545.49 $ 6,545.49 Insulate water line 21 If EA 4 $ 2,707.00 $ 10,828.00 6" water service Contract Price regardless of length EA 1 $ 5,227.18 $ 5,227.18 4" water service Contract Price regardless of length EA 3 $ 6,959.87 $ 20,879.61 2" water service Contract Price regardless of length EA 1 $ 4,851.69 $ 4,851.69 Hydrant Assembly EA 1 $ 10,000.00 $ 10,000.00 Remove existing hydrant assembly EA 1 $ 1,494.72 $ 1,494.72 storm headwall work EA 1 $ 9,344.51 $ 9,344.51 6"tie inon Monarchst. w/2-6"gv LS 1 $ 11,101.46 $ 11,101.46 8" tie in on Monarch st. w/ 2-8" gv LS 1 $ 10,728.89 $ 10,728.89 Tie into existing 6" water service/gate valve EA 1 $ 6,621.71 $ 6,621.71 Remaining Temp water service per 036 LS 1 $ 10,000.00 $ 10,000.00 Monarch Asphalt Prep SF 1,000 $ 2.33 $ 2,330.00 Monarch Asphalt Tons 30 $ 100.00 $ 3,000.00 South Aspen to Summit Tie In $ 278,148.96 Note: The cost estimate above reflects the requested deferred work items associated with the 16" Water Line Improvements between S. Aspen Street and Summit St.. All units prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Misc prep work Description Unit Qty Unit Price Amount ADA Ramp prep (base material included in unit price) EA 2 $ 396.69 $ 793.38 Sidewalk prep (base material included in unit price) SF 2290 $ 1.68 $ 3,847.20 Aspen St. Sidewalk LF 458 $ 45.00 $ 20,610.00 Misc prep work $ 25,250.58 Note The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Total for Deferred Work $ 341,197.56 ® BendonAdams July 20, 2017 Hillary Seminick RECEIVED Community Development Department City of Aspen JUL 2 0 2017 130 So. Galena St. Aspen, Colorado 81611 0~ OF 8 1 , v uc VELot MENT RE: Lift One Lodge / South Aspen Townhomes Insubstantial PD Amendments for Infrastructure Installation Ms. Seminick: Please accept this application for an amendment to two projects on South Aspen Street - the Lift One Lodge Subdivision/PUD and the South Aspen Townhomes Subdivision/PUD. Both projects are required to install certain public infrastructure along South Aspen Street, known generally as the "Street Improvements", and both are party to cost-sharing agreement. The first project to initiate construction is required to build the infrastructure, with the second party reimbursing the first for its proportionate share of the costs. The South Aspen Townhomes project was the first party to initiate construction (of the two in the agreement) The Townhomes are currently under construction and the majority of the Street Improvements are underway. The Lift One Lodge project is expected to initiate construction within 2-3 years. The Lift One Lodge project is affected by an ongoing ski lift placement study and community discussion related to a third project on South Aspen Street known as the Gorsuch Haus. The study could result in an adjusted placement for a redeveloped Lift lA. This may result in some modification to the Lift One Lodge design and approvals. Regardless of potential lift placement, two aspects of the Street Improvements are planned in very close proximity to the Lift One Lodge project. A snowmelted public sidewalk on the east side of South Aspen Street is planned right against the Lift One Lodge building. A 16-inch public water main is planned for just south of the Lift One Lodge building, within feet of the building's footprint. The construction of the Lift One Lodge building is certain to demolish the snowmelted sidewalk and will put the new water main at risk. Building these two components twice presents an unnecessary cost to the two property owners and an unnecessary disruption to the public. This application proposes these two components of the Street Improvements be built later, in conjunction with the Lift One Lodge project. This would release the Townhomes from their obligation to build these two components, assigning responsibility over to Lift One Lodge. 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Ll L / Townhomes Amendment The two parties anticipate the City wanting some assurance that these two components will eventually be built, regardless of when Lift One Lodge is developed. In that light, the proposal includes a proposed timeframe within which the components must be developed and a financial surety to guarantee the improvements occur. The parties anticipate that the delivery timeframe can be adjusted if reasonable progress is being made on the Lift One Lodge schedule. Amendments to both development agreements are attached, along with the civil engineering plans and cost estimates. The Planned Development Amendment criteria are address below. 26.445.110.A - Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character Of the development. Response - The use and character of both projects will remain the exact same. The only change is to the construction schedule for utility infrastructure to enable the allocation of two major components of the work to be shifted from the Townhomes project to the Lift One Lodge project. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response - The two projects, their conditions, and their expectations will remain unchanged. The amendmentis limited tothe meansand methodsof construction-shiftingthe responsibilityof developing a snowmelt sidewalk and installing a water main from the Townhomes to Lift One Lodge. The approvals for both projects and the development agreements for both projects identify these two components - with the first party to initiate construction developing the infrastructure and the second providing a reimbursement. This request is limited to shifting these two components to the second party. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Response - No changes to the projects' uses or dimensions are proposed. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Response - The request is limited to phasing of the utility infrastructure and has no effect on the dimensions of either project. Shifting the sidewalk and water line construction to the Lift One Lodge project (second to develop) is being proposed in anticipation that these components would be damaged to the point of requiring replacement if built prior to Lift One Lodge going under construction. 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Ll L/ Townhomes Amendment 5. An applicant may not apply for Detailed Review if an amendment is pending. Response - Both projects are fully entitled and neither require application for Detailed Review. Construction on the Townhomes is ongoing and the sidewalk and water line work is scheduled to occur this season, late summer through the fall. Currently, the components must be developed for the Townhomes to gain Certificates of Occupancy and the timeline is significant to the Townhome developer. This application is submitted by BendonAdams as authorized representative for both the Lift One Lodge and the South Aspen Street Townhomes projects. We look forward to discussing this application with you and assisting with this decision. Please let us know if there is any additional information that is needed or if a site visit is desired. Kind Regards, 06« Chris Bendon, AICP BendonAdams, LLC Attachments: 1. Application Form & Agreement to Pay Form 2. HOA compliance - LlL 3. Authorization to represent - LlL 4. Proof of ownership - LlL 5. HOA compliance - SAS 6. Authorization to represent - SAS 7. Proof of ownership - SAS 8. Vicinity Map 9. Pre-Application Conference Summary 10. Draft Agreement Amendment - LlL 11. Draft Agreement Amendment- SAS (12) Exhibits A, B, C to the two Amendment Agreements 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM July 10, 2017 Trish Aragon, PE Exhibit A City Engineer City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: Lift One Lodge PD Insubstantial Amendment Summary SE Proposal No. 15185.03 Dear Trish, This letter has been prepared in support of the requested insubstantial amendment to the Lift One Lodge (LOL) PUD. The requested amendment includes the deferment of approximately 500 lineal feet of 16" water main along the south side of Lot 1 as well as the postponement of the proposed snowmelt sidewalk along the east side of S. Aspen Street. These improvements are included within the approved S. Aspen Street Right-of-Way Permit drawings associated with the One Aspen Project, which are currently underway. The justifications for postponing these particular improvements are provided below. The primary purpose for deferring a portion of the 16" water main along Hill Street has to do with the proposed alignment and proximity to the LOL Project Site. As currently designed, the proposed 16" water main falls within 2-ft of the southern property line of Lot 1. This location creates challenges as it relates to the vertical construction of the Lift One Lodge Project as the water main would fall within just a few feet of future excavation and shoring stabilization required to construct the building. This condition would put the water main at risk of freezing during winter construction months and it creates a dangerous situation for workers. For these reasons, portions of the 16" water main would likely need to be removed if installed in the current configuration in order to accommodate the required shoring and excavation of the LOL Project. Furthermore, without completely understanding the potential re-design of the LOL Project in support of possibly bringing the lift further down the hill as well as the re-design of the Gorsuch Haus that is currently underway, postponing this particular section of water main will provide an opportunity to vet out other alignments through this area that may result in an improved design and interconnection of the City's water system. The attached 16" Water Main Exhibit (Exhibit A) illustrates the portion of the 16" water line that should be postponed and constructed at a later date and after the above mentioned concerns have been addressed. Based on our review of the previously prepared technical memos prepared by SGM dated May 13, 2015 and February 12, 2016 it is our opinion that deferring the 500-ft of water main installation and utilizing the existing 12" water main between S. Monarch Street and S. Aspen Street will not negatively impact the One Aspen Project or surrounding area. This is based on the results of the water model, outlined within the May 2015 memo, that anticipated a 14" water main along S. Aspen Street to replace the existing 6" water distribution main & 12" transmission main running along S. Aspen Street and keeping the water line between S. Aspen Street and S. Monarch Street as a 12" line. The results of this analysis indicate that these improvements will provide a significant increase to available flows at the surrounding fire hydrants and will meet or reduce velocities based on cross sectional area of the existing and proposed water lines. The February 2016 technical memo was simply an update based on the City's requirement for making the proposed 14" water main a 16" water main because the City does not have any other 14" lines in their distribution system. The other item being requested as part of this insubstantial amendment is the postponement of approximately 460 lineal feet of 5-ft wide snowmelt sidewalk proposed along the east side of S. Aspen Street; as illustrated on Exhibit B. The required excavation, shoring and construction access for the LOL Project will conflict with the location of this sidewalk. Furthermore, since the LOL Project will be 502 Main Street • Suite A3 • Carbondale, CO 81623 · (970) 704-0311 · Fax (970) 704-0313 SOPRIS ENOINEERING · ILILC civil consultants SE Proposal # 15185.03 LOL PD Insubstantial Amendment Page 2 supplying the source for this snowmelt system, it does not make sense to install a sidewalk with snowmelt tubing without having a better understanding of the overall demand and/or locations of the various zones and required manifolds required to operate the system. As a result, any snowmelt sidewalk installed as part of the current S. Aspen Street Improvements will be removed, end up in a landfill and then need to be rebuilt from scratch, creating a significant waste of resources. Lastly, since the LOL Project will be providing the source for powering up the snowmelt system, the actual snowmelt sidewalk will not be operable until after the completion of the LOL Project. It should be noted that the S. Aspen Street Improvements that are currently underway include the construction of a 5-ft wide sidewalk along the west side of S. Aspen Street. This sidewalk should serve the demand of pedestrian traffic until the LOL Project is completed. As a final note regarding the deferment of the infrastructure discussed above, it should be mentioned that the LOL Project is currently pursuing re-design studies to determine if the new proposed Lift 1-A can be extended further down the hill. Any modifications to the current site plan to accommodate this would likely be substantial and require a significant amendment, or totally new approval, for the LOL Project entitlements as well as potentially impacting the location of the 16" water main as it passes along the south side of Lot 1 as well as the alignment of the proposed sidewalk along the east side of S. Aspen Street. In support of establishing securities for the requested deferral of the 16" water main between S. Aspen Street and S. Monarch Street and the east sidewalk along S. Aspen Street our office has reviewed the previous cost estimates associated with the utility and infrastructure improvements along S. Aspen Street, as described within the Second Amendment to the Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD. The line items and costs associated with the requested deferral of the 16" water main and sidewalk were broken out and are summarized within Exhibit C in support of re-establishing securities with the City. We are happy to meet with you at your convenience to discuss any questions and/or concerns you or your staff may have and thanks in advance for your time and consideration. Sincerely, SOPRIS ENGINEERING, LLC <-I- Jesse K. Swann, P.E. Project Engineer Enc: Exhibit A: 16" Water Main Deferral Exhibit Exhibit B: East S. Aspen Street Sidewalk Deferral Exhibit Exhibit C: Cost Estimate Breakout for Deferred Improvements CC: Michael Brown Aaron Brown Tom King Bart Johnson Yancy Nichol Adam Roy 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • UC civil consultants ..7990 Graphic Scale . 20 Highlighted portion ...... :~1 if 16 water main to 27 Ii-li-- L De deferred and · r-- . CONNECTION FOR WATER SERVICE ALT #1. r==p- - i L_.. 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Elf.7997,02 7990 ~*•..7/5/18 ..• *48 0+00 0+05 0+10 0+15 0+20 0+25 0+30 0+35 0+40 SOUTH MONARCH TIE TO NEW 16~ WATER MAIN 0+10 0+00 ARE HYDRANT PROFILE Revisions: Release for Construction 7/5/16 6SGM + ONE ASPEN - PHASE 1 4.Al@# ARMITE(TuRE South Aspen Street Drawn by: TLB Date: 6/17/15 I C19.7 670 Main Street, S.Ate 8 118 West Si.th Slreel, Suile 200 U~Q4-~'~I :LANNING. INTERIORS Frisco, CO 80443 ~YAN Glenwood Springs. CO 81601 ONE €BBL;-f Proposed 16" Water 62 Tel: 970.668.1133 Fax: 970.668.2316 PARTNERSHIP, INC. 970,945,1004 SOUTH ASPEN STREET PUD/ SUBDIVISION @jaR!1 P. 0. 80* 2773 Line - Plan & Profile 1 Checked by: JSS 1 1 Project No: ASPEN, COLORADO ARCHITECTS - A.! A. www.sgn>inc.cum 1 _1 2000-236.007 1.·/2000\2000-236\007_.U\P~n'-Subm;*siDn-Ph-I'\0./.w..g\Ill.2 ./ Frum=.I- S.-d: Ned. 29 Jun 2076 12.4/pm Po,1- Tue. 05 ./ 20;. 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SOL/77/ ASPEN Sm£-EI :&94 V.. 1 ---:- --113%29.281 4 87/Z- 2,4 -99:AL-<CU S W 9 S • CURB CUT AND DRMWAY FOR THE UFT ONE CONDOMINIUMS % a k?*0+3•.90 V m:112.- T-k- k./.fse ."P "5 m 793504 . i f permit m .33 9. • EXISNNG LANDING AND STAJRWEU FROM SOUTH ASPEN STREET T[) THE 0 4/& ..378£ */87 A En 54. 2+M 07 . / ·I Ens,eN'.an ~ 0 - p*L·/$*v<6 - 4.~ 4. £yS --*1£7~L t LIFT ONE CONDOMINIUMS. 1 2*33 Il r--7/ Fo• '.7.92 1 | IM 'A. ral E i -4i„i -0,,rS*J~43..11 12241'I / F~ 7954.64 na m 37**I , En *.2/37.08 0/5 -27.70L·--~~ BEG/N 7%4NS,nON FROA,1 : B =54 ,BO• 79•N §0# 7~54.24 • EXISTING RETAINING WALL BETWEEN THE BACK-OF-WALK (BOW) OF THE - 271 Sli~+09~#7-1 PROPOSED SIDEWALK AND THE LIFT ON CONDOWINIUWS PA~KING LOT. 1 3. 9 . ·· EFL 5#i.*06.79 m./21:24 . 1 ino. =- 1 4/3 -13(k SIS . S740+39.87 4 En/ym.39 / EX/Sl~,~ - + AN~.. 44:/46 * 47 i ' f -- f th 0/5 -- - i VA':4#ir 1,9 1 ..sr.... s,*ZE /4 1 1 L:·t: 1 -1 2 :we, i COMRACTOR SHALL NOTIFY AND OBTAIN THE APPROVAL OF THE ENGINEER PRIOR TO i «4,64 -- -9 - 22,=fy j 1 w vp: THE REMOVAL OR DEMOLmON OF ANY EXIST?NG CONSTRUCTED FEATURE NOT I. St/1 70..2/ 1 .......0/ 2. 706*04 b \ C 0.--0 u ..513.94,1/ 73:12: ~ ... REFLECTED IN THIS PLANSET. APPROVAL OF ANY POTENTIALLY AFFECTED PROPERTY SOUTH ASPEN, i ECE' I 0 81 MIl Cle OWNER MAY BE REQUIRED AS WELL SI. /11...cY-sa...I/5.-~f-/-y«-=-~V . FZ '22'/aF. m illi. I. . 00 1 BEG- RD. COA5719. ~ IM ~ - ~ ~ - , EOP· 7/ 51*0+3987. ~ -Lf= ~i --~ CLS¥PEOff ~~-i.thi__1414-- .%.f~tz --,2 t n ~73 ~ - - 30* _ CG m 3,1. 1 87 9.144,51 £4 ..2+32. £ 3+2197 . ... 79,/. 1 SAW CUT UNE 1 :EE' 4 . 0 - i. i -· EK/&*MA"ndU3744ETJ//7 -•FZS 1+52.32 .9 09 ... . „u Ic#,1·: / ·m \"r W.R „-a:* F /~ii I .~77 LK * #-- -1 •0'.3315. 21 4, 0 2- 41 ..1 4 -4 '1 4 , .P:,4 - b ~_ft'fi/ 71~' f t » /*e,iv~su isTAL, / 4/5, ..1.7-- 1 4,1/ \512'1/ -44.1,1/1 1:1/ 47'=../ 1 i 1 -7.1 |0 1 < A. un ,g.~42 K ' 4 bl 4 w / j N ·TI / sao•.. I J-*S. 39.- 1 ..LY C. ----- 4 -1.--L_l:-·aujlfg+f<f-~-t€-~Trtab,+77.3 L 11 Luti BEGIN £ AUGNMENT FOR Sh. | /7 69%79,4 i. 4 s·.s· goak. 1 b. PET '*Aii / \ a. mi.94 * f/%22 J L el .. . 6* .- - t \ IA~~NG5 ~24UAIG ~~1~4#,IL.&/%&15 / * E A -1™.1+37.00. / 1 zE- SHE: CM- - -+ r SOU™ ASPEN ST· EOP 7945•73 ' / 620. 0,00.05 , PL 792{15/\ i »~ stemaNAWN . 22%.9 ey ".* . i EN £¥?GP-0~7- LC»f' 1 -: 1.1 5.3,2179 L,~_ : ED' 7%28' /'S~66.59 \ "AEGIN 30~ BARRIER CG TYPE ~ 6 -< ~ . E.62/'393/ i ~ + 498#«06- ~4*AL.196 -3- Z =2=4* ~ 222:.021=»rliET f -~i i~ ' .'74==g : 10.1 ..5 FZ S,c.,+90.2. _ {SET Ca,Imal ,!NO 'Led,~E,T AA¥ t•·' Ral,VE AND aSP{7&£ OF * DONE ST. AUGN. \,/ U i -I'=.„ SHT, CCU , =-I · 1 -I. 1~ -Ial -- 79~f.23 : ,-m-~.0 I_k-·-- - ITi. 892£4£== HI{21\ A · £212505.14' 95% i;: 3 - I- ZL9.24 ' c/5 /79/ A -~:t· ~aTCH DG7~NG 5-AC~2141% #7- - »EST SOE Ok S~ET Se E= :S:.f;-7/ 1£91 \ C£*,E- ST . 37* Ch,00 . %42+41 23 - 4. ;11... \.1.2= LO=• . : 4 m : ~ ' m-j,v 4/94- :..... a 57* '.... c .Ma3 .1 Sh' 'lu.70 / I :Il<' ED/. 2930.27 I..O.2.1952 1Irc n„„ 111 : 1-4--4.\ · I i i ».zt@28: , 4 1 : Cap 79'k..0 / / u : 1-1]Ng.9+*il -L- END CROSS-SLOPE tRANSION R J \ 20®4///4/6 7. B: \\1 : *N SAS WEST FlOWL/Na AUG~ J / , E i SIS d Si~ ,+80 8* CLEZ .92&/, '401 \ wo- Al : . TYPCIAL SOUTH PEDESTRIAN RAMP LEGEND fSEE DETAIL SHE. Cll 140 : .4 0/5 Fif i UA24~~~ \ ·· IA,CH /,Sr#£ ELE••NON AT ; Pfujumets*)49 '0.6102* - »'~Crj / [14 -*.Miripro,£ SIDEWALK - 0 7-mE 1 PEDESTRAN RAMP \ EVISDNG:rs==-J--~~~-/ .~r;INIZ RWSHED·SURFACE GRADE T --: &#jjff -n 0 7¥PE 2 PEDES,77*N FW,IP h. 11 B:4~ & w AL.. R ···· 12/ ·,vc,n· i. 9 1 1,1 6/ -1 il ~ r.:bi W 0 TYPE 7 PEDESTRIAN RAMP ,+.. AT EXISTING RETAINING WALL; ;1 IA 1 1 v ..-9.- ·,f APPROX#MATELY 1.5' IN HEIGHT. , 25 1!\ # H T B ~ 51-DIRECHONA DETACHED PEDESTRAN RAMP 1 7- E r i ,-L ~PARK[NG AND -DED~CHED SjDEWALK ANQ VARMBLE BUFFER *TH SECNON I ·St.9 -CL, STA. 1+15 TO 2+046 ~ j '}STA.'2+00 TO x4+OnE : d:i / Snowmelt sidewalk to be 1 lt' 1: Q 1 1 ~ r· defered and included as part Graphic Scale i ka « B]:-1 %4 ~ . lill : -, 10 20 40 44,#:. ,' .9 . 1 4 9 1 E - of the LOL Project 69 1 . 4 Ht) 2.3 1 1 i 1 PLAN VIEW - SOUTH ASPEN STREET STATION 0+00 TO STATION 4+42.20 In Feel: 1" - 20 ~ ' e>.- Fl 7949 3 $ 1 1.· · ~ .. ao TYPEAL Jo- Re?/ER UG 7>PE A -\ i 1 1 >.f L-11 22: 1 . 795001 ~1, P,30. f · l ...,2 · END 30~ MARIER C,G TYPE A/ . AT NORIN END OF INLET/8EGN 30~ \ 4 1 fly I £0 00002 /1 -1 1 0 ~ 0-mw 30- AIDUNTAB4f_CaG »PE A Nk i i i uouvTABLE CE na· AAT SOUD, END \ 51 1 -]a.In : :%.·:% 1 i W. 2/1;70' i L 1% r OF INLET. 4. ' F EOP 8002 B5 F E lu-63•4 822#, 7>15 Soum R · iu I L 6, 6 j j .,/-,1 T 1 4 m Skn„,7 .ASPEN STREET . · · · ~ 1 '' ' END no»t,VE ~ w . g 45 0 - a CROSS-SECT#ON · : ' ' % END TYP. CROSS-SECTION/BEGIN ,•LIGN SG . Sl*4+4220: 4794991 , TRANS. FROW -2% TO +4% 0-5 . ) n imm J . ~ i |7--1 ~ SKIER C,64£ET b ~R:? 7 -tff - L-se CVS!04- 74 . 1 ~2 \:1 1 \11 11 1 \ .*. 0 1. 1 .:,4 END ~DUNTAE£ CC .PE A 0/502•4991. ; Graphic 5cale \ t ~STS,CE o. STNEU S. C. Sk./.8.: r / . 7099.4\ 1 I ..0 .\ 1 t . $ 8003# 5 10 20 i:i 7992¢5 j ....... \ 1 1 . 800291 · SAS CL 3-·+SU2 SDK HOUSE : 63 I i . f i 9 «' : 1 , m 9,7+20·75 . acax. - io.Ik ~ CL 16'* DW G/LBERT 57 X . ~*Ev7967 ~' 4,~ i + N \ 2=A SE BL UPLWK-4 ~·...~8~--.:- . · ~~ Inreet 1"i=10' ./·186'.22. E25249~,I I. B V i I *sa,7 m Sr,174#- ~·47 ..00 / I /ff \-11.4. 1 1 : .. ·: i 570..*i*@M / 9,1 I J' & =Ell . 8000 33 -'TPh Eli --0, \ l r MATCH EX. ASPM. INa . 0001.03 1 \ IC¥ #001. 13 +·7- M 7955.99 % · £21 Sla5•520 /1 / r= m.,ea~ Ob£224 \ A -irmz. 7*0 3• rin ye•.0,65 j - 1 1 0/5 -,4..702 . & ~&1 i# . /' =~-~ ~.,N *64 ON 0)7 -4 121 20£,6,ASPEN 6,4 - VT£'::::3.11 = 22 1 (111. . or.==.3 \ 9 \ ' 0/3 -, e: 1 · 1 END 0- HIGH CURB 1 / 4TWIM. 9 7"85,1\ STREC[ AUGNMENT 1 / . , -3 x 0/S ·55,1 1. sw - EL - 4- 1 - Li[L 2~ 622Gi.SqtlaIR1&2LE&2•f21I - - m *7•,72.30 1 N £4 SI'~TIZL# - -L- - -7 - - \ 1 1 1 1 0 31. ..2 DA,L,GHT· LINE. j j ~111--i m* 7,79,3 415 -i \fav .... / W ........ · ' 1 -'*....Uf -~2501 A Dow ....S . Py..4 . '52.33. ... \\ ~ te~ -~ u END 0- HtGH CURB APPROMUATE 7 T: 7*93, .1 ·. ~·. 4 j - ..... d · % EFL Sic.5*36.78 r,n -#M - 90·S•WI- I 27'Lgi~Ek . I. 1\ M** » # . / h. 1 1 . ==. 4 A A.2, . · &15 . Ste.37 1 \ i l ~ t · p ' #':I ., C>t · ~~4·.~ 'SI & RET. WALL . . A=.7 0- U.m ··· 1 I \ 4 - ~ k ·· ...j .5 Z. '0 'f· W /flu 2% .7.. :-7- " 14 L,4 N Q:millf t '/< / ' ' ' '" ' ~/ 'r~ . · Flm"I. . 1 09=102, 4 1 V: :65:- / i--11 I 1 : M.a_-4 910*NA'wak ia gm:g :/ j / 1 2;dl: 1 . 57*8. · .; t*. I t.\ 1 1 4 1 /-41 1 2 '/1 #·t 1 1 - L~:#T- 1 I %3PJ . 1 :=t *26.- . 't 14 f i e b ·:j ~ ty=J 1 6. I TIM +Lt, I ]11( :-: /1 t.+ I ~ 41*2~%3-9 1 PM~M . m I t· Y: ti j f. 1 01 447% Wiatil.l 1.11 _1__1 -\1.-2LhEM.* 4 1 \1 - f IT k *.: '47\cSR t: \3...-riifT T: \ ;6 \. U . *0.-y ~ 3% \ 2*:2\ :*TELI :\ im= 1 ., 1- 1'. ,· · ·· A. &11 ~.55 . /5 6 0,4 AllArVA£424< I 1'·4 A %26 - , - : 2; ==1 t#22/1 : I ....f.al / : - · 4 \ ' ~ ~ 1- ~ ~5 0 . m. 4877/1, Li- U (& ·4' f < -133.12 1- 1.-. i-1 »u- wi V 1{t-74,f-A,V A 1-1 0 0 rt rU t f 0 0 fli' P ft f f E M r 22 •909 77 1 l~ 1~73,4*IS- . 741-mi=,+~t.70 7-125-\ \ \ ~·:*N ~3264 LIMITS OF CONSTRUCTION ,~ ~ ' 51FtU\JA \\ I 11. re Lj =A 12, --- i . 0/sp.00. : i ..2. : .. L : 020 -r-- 4 795,1- »'2 *3+9£.2, U ' 4 ...95...1 :\ 2 »,=z=~ )4'/ P~ ~~\_g=: ~2-aPUr-1- ,2.B.Ef LE.Mii-/ *444 ·45ibj/ ///\ 111'LUER ,~ il_U~, ~ PROPOSED *al . 1 Z 795' U i w . I. /00/ ng ao£.a0 .-I /83~5\ -··Il ./.07_ lili ./5 1/50/ 1 0. Sh*.# · RETAINING WALL ~ /1 l I le,8 ·?L :„ !521 SEE smuc,wB,£ , l ...1 - 11/ S.3*792.. , ,/52.0. A./.TO .... 1 CE 23' W OW RAMP .% ..... S..8+7„9 1 1 j .3 ..7995.60 THE SHADOW WOUNTA»N 1 20.,a. £ FL 7971.01 · . Agm, RED,#,f#€ 11*LL O. 8 ' :AkeF-4r** 61/5 TaB . -tkn.:722 LOWE. 11 0 8£~~13 = =.91 * 2-* : m * 34.38 1 -W. FLOWUNE ~UGN. ... ~ ~~.~:71& i I*/31'• FG 709.52 F-1 7~97.40 r A e..4 432&_ p // £ L w........ D a.999 % ekS ~aN,W t. 21 . a c pal A- pi · 25 2 55/., Iii 0/5 noel. FE 0001 83 v DPCZAL SOUP ASPEN STREET A NACHED ... 1 1 CHIAYGE PER ·B, m„ -J · 1 -1 sh.7+12.18 : <41 PH2 PLANS 15 * Sto€+8769 i .7991. · as':r sor»Muf - SPL 4+07 70 5+50* . -~-=9 · 0=~-~~ / 1} L ,/Fi--# :11231 1 if -->Er.--...---4 11*l : 01 es 25. W 4 2 . 7.20.4,7 \, i/ 11 5-5 = 1 1 ji .....+01.-t j N SI~ CL Sta.e# 14~98 11 r#:=Z.nzy EG/Ft,BOO' 00 SOUTH ASPEN STREET·DETACHED StDEWALK STA. 5+58 TO 7)971 .4 , ./3 2/90/ 0/S ... /7 1 1.1.2 111 :1 PLAN VIEW - SOUTH ASPEN STREET STATION 4+42.20 TO STATION 8+84.40 SOUTH END OF SAS BLOWUP Revisions: 6SGM + ONE ASPEN - PHASE 1 @*63 ARCHITECTURE, 620 Main SIreel, Suitee ~!- South Aspen Street ~ Drawn by: TLB Date: 12/05/14 I Cll Release for Construction 7/5/16 118 West Sixlh Slreet, Suite 200 1~~~/0-'~,~ PLANNING, INTERIORS Frisco, CO 80443 Glenwood Springs. CO 81601 ONE 25·mul Tel: 970.668.1133 O-BRYAN 970.945.1004 SOUTH ASPEN STREET PUD/ SUBDIVISION Eulf¢ P. 0. Box 2773 Fax: 970.668.2316 PARTNERSHIP, INC. Plan View ~ Checked by: JSS | _| Project No: ASPEN, COLORADO ARCHITECTS - A I.A. 62 www.sgm-inc.com 2000-236.007 9 €41> 4+42.20 TCH UNE 6· 1.220 \2*-1361 £*F_20'J\Pan»i,-Sub,ni~,an -Phasal \ 0»6\ »brk.»I \145-PP-CL-»FZ -m 16 E·35om P"ad: Tue. 05 JW 2016 ~11!!Ib Exhibit C: One Aspen Cost Estimate of Deferred Infrastructure Exhibit C July 10, 2017 South Aspen to Summit tie in Description Unit Qty Unit Price Amount Water line removal Summit to South Aspen LF 480 $ 75.92 $ 36,441.60 16" Water line LF 500 $ 200.35 $ 100,175.00 Installation of 16" butterfly valves EA 5 $ 5,715.82 $ 28,579.10 Insulate water line 48 If EA 1 $ 6,545.49 $ 6,545.49 Insulate water line 21 If EA 4 $ 2,707.00 $ 10,828.00 6" water service Contract Price regardless of length EA 1 $ 5,227.18 $ 5,227.18 4" water service Contract Price regardless of length EA 3 $ 6,959.87 $ 20,879.61 2" water service Contract Price regardless of length EA 1 $ 4,851.69 $ 4,851.69 Hydrant Assembly EA 1 $ 10,000.00 $ 10,000.00 Remove existing hydrant assembly EA 1 $ 1,494.72 $ 1,494.72 storm headwall work EA 1 $ 9,344.51 $ 9,344.51 6" tie in on Monarch st. w/ 2-6" gv LS 1 $ 11,101.46 $ 11,101.46 8" tie in on Monarch st. w/ 2-8" gv LS 1 $ 10,728.89 $ 10,728.89 Tie into existing 6" water service/gate valve EA 1 $ 6,621.71 $ 6,621.71 South Aspen to Summit Tie In $ 262,818.96 Note: The cost estimate above reflects the requested deferred work items associated with the 16" Water Line Improvements between S. Aspen Street and Summit St.. All units prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. Misc prep work Description Unit Qty Unit Price Amount ADA Ramp prep (base material included in unit price) EA 2 $ 396.69 $ 793.38 Sidewalk prep (base material included in unit price) SF 2290 $ 1.68 $ 3,847.20 Aspen St. Sidewalk LF 458 $ 45.00 $ 20,610.00 Misc prep work $ 25,250.58 Note: The cost estimate above reflects the requested deferred work items associated with the east snowmelt sidewalk along S. Aspen Street. All unit prices are per the Insubstantial Planned Development Amendment to Allow Utility and Infrastructure Phasing for the South Aspen Street PUD and Subdivision, Located at 711 South Aspen Street, Aspen. Quantities are based on requested deferment. - 1 L _ =Cft n_ 7 Graphic Scale /91- 20 Highlighted portion of 163 water main to 01%/ L----7 ie deferred and CLE · E-Instructed with LIn Infect· 1" = 10 , CONNECTION FOR WATER SERViCE ALT #1. / One Lodge Project 46-4.2 1. /41> L•E.,7 5/ZE- 2 £/NEn,£ SEE 7i< /• ~£urmi w~TER NOTE /9 9/ COO ! ~ f 41-~'41 ti One Aspen to . 1 1 ./.7/52.82 4 i .[,4.4 . =or,ned to existing ~ INSTALL CLAY IRRIER B 4--~7 j'~ ·· ~' 12' water main past /1[-SEE DE™L SHT. c. i i Sl*.7+52.72 4 2 -·'-·.1.-.' / 1 -""~) /~16-buttedlyvalve CONNECION FOR WATER SERVICE. 9 ~1 1/ with 16·,<12" reducer VERIFY SIZE *,LNE[YEE- SEE f INSIALL WATER SHUr-OFF- vALVE AT ROW LINE. GENERAL IAER NOTE #79 SHT C{)0 0\ ~ I 'F.W.. WATER UNE CONAECT.,0 D. IS· Saa+4Z92 1 1--/ 41.11111/ ~~8+4792. 0~~2'.L 14 CS,INEC™* nl lal SE,MOE ll.#a. - . .4 -1 _~,-E?fT~ #,.. ,42 - ~~-i i r: . <~ - - --,e. $995 Al . ··A ~~~~~~~~r- -t _ ________ I 49 rl»,0 .~ £ 7.95 U / Sk-aa. . 1 LMISACION ©F E/. 11r-' -" < Defer 16' water 1 4/ ... i -. , ..t-'.Ad rEAL....20, 0 U -- c Exhibit B 1/ 1 main and A :'* , --- .Provemen~~ h. ILF: 1 -3.--------------~\<}t,iE~ff'~ \.,~di#ir ·· ".assodated water 1 ... . 99 ~ . u ' ~< · ,Sta: 7+35 -10+28) · - S.-32. . - ~~ -'' ~ . r - : M ,•.» i 6_ . - 1 - '- - -···.+12%im~ A:. .i· I j / Im-, '-/ -..1 LE-'E-Vie-- f i 70 LF 1 DC - \ Vfj ..:L 1. t« 1-·+-' LINELL=»f'""''"-~'~' At. ·~ ~7·· ~ J 2.92.5/> ..4 .% 1 > - \_2*s,n,££~crgip, 0,£~Im•1;),r me,GULED CAT.9, a¥ · A.r./0 0/PENOS ON 7,/ bEMED ,*1.0 COND,/06 /0 1 ._-- O£-49~4%£ £«CT £00,70, or srm,cr UNE * l _ -1 -- i I t. ·· 00»--1 D. 1 I i 1 1 3 1 /r , ' 1 J I CT- 1 · - i. \ ¢ .- .-*2 .i - -117¢44,%=9.4.1,-.Ill t..1 .e ./\ 1 4 0- 4 - f. h 4/ -- .*f*--I- - ''·:i ~s =1'#*i=42 '«,4 \ =*6*le; f tZ-//AW~/SR~~4SOg~,1- __~~ ~ ~~1- ---- I t .y . SECLIC< SHED Cle. 1 VALVE AT Pt & ColhECT i..... TMERCE*-0-099E 'LjNETYPE & L®4110/ \'F' --- -----13.te57~em;~)*,nviiu,T, 1 yir . --.4- -'.1... Er.~7~ ·121 4 -t I \ \ . 1 · ·„· ,- 4 /-" -4> -,J, . S., ~.-rl «· \ 1 SXIII.. 1 70«21. --- f--- M» Fuu , -1-ar 1- TELE CROSS% S~9+65·09-n 8010 #W .080.. \ Ny SlaRM DRALN m ELEV. 7994.79 8010 Sr*9+63.37 Ju m. C) 7995.JO (BELD VERTY WV. 30 PPE.-- c.'Inil'WI £>v56E ia - i - -- - -124 LIN. SEPAR€10' DOSTS) 16- , EZEK 704-f - -JF- 2 4 8000 ELEC CROSSING ... CROSSNG --- /7.7+47.54 Sl*.8+37.801 0657.. G"DE 7 /4•: ELEM<799j.05 - 15 1 -,--1 1 )*P£ 1 yip _---en.ks=« ,--a c~r .%= 1 370· '91' 1 ST*7+52.72 5.4 r - ~6~ OP 15 u. - --\ L 7990 16- DIP .\ r DIP / W/4 ) 1 1 n 1,6, L],P 1 ...25. m.W Lin Lyp ST'/+50 &3 ~ArER SEEMEE / U" 8 22.ING INV ELEV 7991.52 LIE(75? SED?WCE CONNEC7ON-j '6.. DIP J 4/ F,TnNG 9.9+4168 IL. 1 ,/ STORM Da. L,IM 'EN SER•CE 1 CONNECnON |~7»_57*7.12.515 CONNECION WL INSUL STA8+4792 STA.8+8~04 ..ANG ..9+2742 *,0. ELEV 7990-ZB 18- TP ELEV 7982.84 5117+52.84 ST'.9/2... *W EUV,7987.80 IC INV. ELEV. 7984.88 m. ELE,O§87.21 7980 1~ L /M. 8,81. AGU£ I ' B. SCALE· LS" 7+74.50 8 m £LEM7982·¢£7 HORZ: 1 -- 10 16 M. ELEV. 7984.80 VERT: 1610 7970 7+24.15 7+60 8+00 8+40 8+80 9+20 9+60 0~fkrr. Cfr 4 Revisions: Release for Construction 7/5/16 6SGM ¢ ONE ASPEN - PHASE 1 13102@ ARCHITECTURE South Aspen Street | Drawn by: TLB Date: 6/17/15 019.6 620 Main Street, Suite 8 118 West Sixth Street, Suite 200 081@i~%15~ lANNING INTERIORS Frisco, CO 80443 Glenwood Springs, CO 81601 ONE .4.1 Tel: 970.668.1133 O'BRYAN Proposed 16" Water 970.945.1004 SOUTH ASPEN STREET PUD/ SUBDIVISION -~.~.h~M PO. Box 2773 Fax: 970.668.2316 PARTNERSHIP, INC. Project No: www.Sgm-inc.com ASPEN, COLORADO 121*WIrs: ARCHITECTS - A I.A. Line - Plan & Profile |Checked by: JSS ¤ 2000-236.007 62 112000#2000-236\007_X,Apermit--Subeni=an--Phaa,\£),4/#**g\C,9.2 m, Frames.* Sad M. 29 A X)16 1240pm Plotted: 9. 05 U 20,6 1 1 im m,nt fo Graphic Scale ,!f . ." !.-9 .4 n : ., 4 M-fiT-6 496ii*q ' f-~9.4- fi--1 1 In Feel 1" =10' . 1 J - 1 1. 1 u-2 . -..... j .4 /r - 4 !-1 /11 / 1 ·i -1 , 0 ©60 0. . r/\1 i w'. 4-.21·· 7 11.i--1- 1 494»rj:.9.00 1. 1 ../... ..' 7EW'O... 1 i , · ··... ··· , 7../. M ~ 2,%,7,= EASE*ENT-L~ ....... ' p 1 1 ,« 3+2.71 · 1 -1 -'-i'~12~%1~11©R ~ 3%5~. v) /7 1 y?~aa...../... ..1 - / 1-1. 9\ 1 2.>RC - 's<win. SM,9 6:201 127= /7. f ir. 491#*k- it! -1..... 11 1 1/- 1 85.-0,0,0,-4.-- It i 5 7 A-U..// 1 i + r li \ ./ 2 0. - u ,€W fllir NIDAW~,1556-*r - - - - ----1.2 · .. 4 ... .6.77-, i.0 ···4 ·····m··...m~tec~ 5* 5*f·· il ~ 3 1 --14 i .4 1 ,/ sall,am f -/ APPROX. 8.REF OF I. DIP. \ - * NE .31 1 ./ \\ 11 1. FULL C/'CLE /74/ CLA- FOR 62 P/t 49 \ S.0+26.~97... 16. \ F g . ITA.+86.43 · / // 6 $ i ,. sl/.9/6,178 \ 1 € Frn,Ne + ....._ O/3 0 /1 1 , ·.-. ~·.e.mo.,of 44~ le'.6.0/P IZE Cm' /-14- REn 1 . 1 -/.11 'cl 6 .- : GV. & 7 L.F. I D.LP.I ---- - .Ill'-= -4.22 · I - - - - ~ rt ./ -1 .·9~ N.-- 57*72+27.9 )-1 2\ )20 awy-&22 p - \ ----- \ - - - -4- .l v--~e----g Er·. -w?VR~T /F7 / sTA,9,96.or... 11. * 2 1.,W - ...~ # 7 - C 15, U/¢- LA,0117 LE. 421., 16.08- p Ue CRE . ...'o*4 17 7 4.-:--~~--4~ ~ ,5-0~ 45~T5-1.4 k - int'~:,/f .26.l': ",4 7 >4 109, f in 11-6 ----6,1 .. 12 \ ... 4 57/11+50,45 ~ .L(0 16» ... I (1) 8 G. ··MO#IRCH 5r. PROFU 51* O+44.93 . . . 1. . / /2 ~ ---' 4. , -- ' ' ~\ ~' ~ \ le.Z~ OIP TEE & Cl?5 4. CONNECT NE' 4 4/0.4- a P '··· ~" 1 ~ · CA.CTOR ib·.S<2E~ ~ / --#wf JI1 /1.1--„ --12---- /:2:2~ L<,2,0--•r,):w \ 43 . SUMMIT ST. - LINE W/ £ 511;2+2792_- S ~ A?OmenON 'DE.EX. HEApi®£L ~ ~~ ~y. .. , Ilid. OIP TEE e J 57*,#1+40.27 - 09 15· em ..0.. % 4 1 Af"RaN 5/. PA/574.f in O.00 (1/5 583'Ri. (RaD bER L - 0 , •.. 1 : ~ Al.-..:., _ '· ., I TEM EX. a~TER .RICE G 5TA !0+8a20 - ,·3 1 -34 ' : 0-:T ..0. 5- n,r Defer 16" water 1-.,--23€4,7=~N - -- U. 1 -1. ~~1 I 1 VAV »2 £02- 110 22.5- #EM7 I ' ~- - - · \ ~«CAB. EX A (NOT SWO- main and -- ' / I "./.....9 associated water . . I. 1 I. . mprovements ......... CES 2 -AT SUWWK ST AT WTN. QUEEN WS | ' f~TIN„ +74 1, . ........... :Sta 7+35-10-24 t /> CONNECT PROPOSED t54 D.t.P. 1PANSU~SION UNE TO t ~<~ ~ 3 EX(577NG 7.29 01/. 77WSUIS/OV LIC USE 72- Gv / & 1/612" 0.1/. REDUCER. REWOVE EXISTING J 3/ ........ -- + / 129 DIR mANSMISMON LINE BETWEEN t CES 1 AND CES 2 PER CURRENT CITy WATER 1 / 1 1 ~ 1 ~, 574 12+35.36 . 4.7 DEPARRIENT WANIAARDS. 2 F 1./ 1 1 1/1 MTN. QUEEN \ A 2 /1 \ ./ 1 1 1 \ 1 1 1 . \ 8020 8020 - . .O- *N i STA.10+468 3Or INV. ELEV.7999.75 m. ceosswc r-(REID VERWY IN. 30- ME 8010 ... CROS.€ 8010 - -- - 1 ./."...9 70 ./.6,< ,I. 1 M. EUN.8004.51 W~ 5EPARATJON EXZTS) 3471+N . ' le 12 ELEV 799800 CILE CROSSING rar -SK # m.*. ' I --- /- 7P ark 799179 1 5~11+2#.857 S!*11+2362 _R-- - /N, E#.98.9, i ... CROSS.G DIE CROSSM; 1 -- -&9-4 -1 ---- -PLELEM.395 'i 11 -_~>1(EvJ~~~ -- -~z~-1*_ ,(lii¢t ------- - - m an...06= ;S' S'V 7 -1- 3.5 45 M,5' 7.0 2.8' 2.5' /--16 M ~03' 316 15·0#P 16.O. 5 16- m & 76- De 15- DIP E D/P 16- op 16- DIE¥ l GAS CROSSNG 1 1 . K }1 11 -4 46-117 J 6 30· 19 ,/c--i %' UUMM 4 1 -Sal Mt.54 10 *- .... 11· 1 71.3' I ELEV. 7992.2!£ 1&= 1 5--*7 / 4,6,0. L- *Sy 10- DIP 1 .4,51 0~P~6- nlp 16.Op r \ 57*124277.9, 45· FfrT?NG 16~,~ DIP 1. U.·0 op STA.9+96./1 51* TO+40.98 , 16: DIP.1 I 1 '1 1 - 7990 045~ Fm?NG IU. EZEV.7996.43 * I ..7996 SP € Fl.NG 57*9+90.10 L '6- a,V _ _ _ L .. -3 Sl*10+61.44 NEW AREHYDRANT ASSEMBLY 18, ./.1 .- I.V LIS-: DP IE - Sa ~0+53. (7) 6-0 MUELLER W, (2} 16-0 Srk i i +29. .59 46,6-ap M 51*y;+30. CONNECT PROPOSED 16-0 D L P. TRANSMGSION LINE TO EXISHNO iNV ELEV.7996.33 . FITTING ]N......7996.55 USE: (1) '6~6~ 0 DIP. TEE: 45 'TNG CES 2 - AT SUMMIT ST. AT WTN. QUEEN WS ~ 12- GV 16 \ , 125' FfrnNG NV ELEV 7996.34 SCALE? Sri.9+85.43 MUELLER B/. 8.8 LE O Dtp INV ELEV 799105 16~ DIP WAI H-«127 NM El.EV 79922' 129 DI TBISWISSIN UNE: USE 12- GV, 1012~ D.La HORZ: lili' »N. ELEV.7996.I 54 !0+8&20 45' ... INV. ELEV, 7992.35 REDUCER. REMOVE EX!51!NG 12) DJ.P. TRAN5„155jON INE VERT: 1 '=10 m. E-8.7994.6, .7.!1+35.0, BEDNEEN CES 1 AND CES 2 PER CURRENT C{TY WATER SEE FIRE HYDR~Nr PROFILE THIS SHEET *N. ELD 7992.35 DEPARTWENT STANDARDS. SA. 12+35.36 .·r= (FIELD VERIFY LOCA"IDN. ELEV.) 9+75.37 10+00 10+40 10+80 11+20 '1+60 12+00 12+40 8005 8005 TELEPWONE AND ./LE TELEPHONE AND CA;BLE NEW aRE HYDRANT &8ll rSDLO+0301 .-5/0....49 J| ./ .*.9710 STAO+08.79 8000 4 E - - - - M j_t 2£533.209"0 U - WATER MAIN STAMON !0+88.43; 0/9 8.79'L FG.8004.45: m IG 2004.69 1.7' '31 8. GATE1~L€---------7 i # GA. m. / DIF7 *r91* 0+03. l . g. ILVE rSM*.71 m. Ell.7992,36 WA.0+24.74 , #Al ELI-k799.0./7 8070 11~ 8010 -AL-G *:Er/~~1<6 11 7, 7995 ./ r TEE --·-__SIS ,/- 1~,D? 8005 ._8~8005 1%:Le-- ~WN 51*. 1 1 +50,45. 63-0 'brE W,L,E 8- IP 7990 te CL aEV. 7992.88. r STAO+02.95 LS,I.5 16 IWIWER *WN •Af B.7992.21 W 11 1 mi 8.7997 W Sl* 1 b+40.27. l_ra- ru 0000 . 11 U l ,5000 7985 "- Cl. aEV. 7993.02 5'TA 0/26.97 7985 SCALE· INV ELE/7992.35 : M **f. BEV7990.70 ST./+00.00 - HORZ· 1%=10 57*~0+17.48 SAS "- »AER KN SLA ~0+88.20 VERT: 1-=10 »N ELEy.799062 SCALE. 7995 7995 7- m ELEK 7996.51 7980 Er, 90' 01/ AT™,10 C INV. ELEV 7997.08 HORZ: 1-=10 ST*.0+67.91 I/£7?1? 1 4,~ m ELE:,47997.02 7990 r /M.FLA-4 L. M 94:V*8..' M 0+00 0+05 0+10 0+15 0+20 0+25 0+30 0+35 0+40 SOUTH MONARCH TIE TO NEW 16~ WATER MAIN 0+10 0+00 FIRE HYDRANT PROFILE Revisions: 6SGM 43 ONE ASPEN - PHASE 1 0,¢80 ARCH[rECTURE. 620 Alain Street, S.ill. 8 South Aspen Street Drawn by: TLB ~ Date: 6/17/15 IC19.7 Release for Construction 7/5/16 118 West Si/h Slreet Suile 200 U~$,t LANNING INTERIORS F risco, CO 80443 Glenwood Springs CO 81601 ONE 'E'Z-¤1 Tel: 970.668.1133 O'BRYAN Proposed 16" Water 970.945.1004 SOUTH ASPEN STREET PUD/ SUBDIVISION ~ Checked by: JSS ' 1 Project No: ~ ..16 11... 1...1 11 1 Eued P. O. Box 2773 Fax: 970.668.2316 PARTNERSHIP, INC. www.sgn·inc.com 11,1 2,C , r.1, ASPEN, COLORADO ARCHITECTS - A.LA. 2000-236.007 62 . Line - Plan & Profile ' 1·\2000)2000-2.381~007.2C 8\Pamli¢-Subm#'.-Phe**'11,0.'\Wa*,g\C '9.2 ~2. F,wn-»g S. vad· hed. 29 Juw, 2016 12:48pm Ple~ed: Tue, 05 H 2078 ..5*am rm#¢ .1 4# i U 11 . , . ~E~<"-/15- LOOP~ M 311 ~ =AM=Z: i li.f»T- 4 ~ 1 t--~*.~E/·f. itt:tiF-7/ 69%\ 1 S~10£1 --• -E 907 ms.* Et ~l- 1 1 k (44*b 6 9\.. E ....2.....-*2 One Aspen to stub out S™CEI/DROP-Of¥ LOOP 0£902 I. . w NOTES: -.:44 i 0~li-Li \- -§-9 1 £ ~2 ;JU-mEE nowmelt tubing in this SOUTH ASPEN STREET BETWEEN SOUTH ASPEN STREET STATION 1 +00 TO 2+75. BEGIN SAS 4,57 nO»Z/NE AUGN. i J BEG/N Slt, CUT W DUAWT \ 4 ... SEE SHEET (15 FOR.. . *. 51* J.'al THE KNOWN FEATURES ARE: 1. THERE ARE KNOWN EXjSTING FEATURES LOCATED ON THE WEST SIDE OF rm She'.00 r END CROSS-SLOPE CONSTRUCTION #,FORMAnON fOR location for sidewalk to be 1 .le.EN. DP. JOI 8.9.0 \41. | 0/5 -1.-L 1-#WGmON E 3 DEANE ST. AND IHE DROP-OFE. 1 CG n,¥ 4 "M,CH EX CG \ ,. 900P. · 1 ~·· ··2 11 nstalled under current • 2 PLANTERS LOCATED ON THE SOUTH SIDE OF DURANT. JUST WEST OF = a sa ,+6, u 11 . ....e ;f permit • CURS CUT AND DRIVEWAY FOR THE UFT ONE CONDOMNIUMS. i i\ wasao,s•,o U ™4 [1 r '• 180*;'921 --* I.. 11 ,-/ 1 1 1 L#-T ONE-CONDOMMUME. ~al~ =35/ L.......L -*7 -N...111 / ® 2 -~ 1 .TTZ -%* -X~jr - - „, 56 2*jg 1 - ~ EXISTING LANDING AND STAIRWEU FROM SOUTH ASPEN STREET TO THE . I EU»lf £Ft &*.. 0 .•9£ ~ A m . , Ful ....92 me ne55 \I & ;4==1-| 1 < a'Pi,i l.. En ¢/3.. ; 79 g .....2/37.. * , ........ ~ . - m Na'.4,5 H im~~ 1 1 BO~ 7954,14 . EXETING RETAINING WALL BETWEEN THE BACK-OF-WALK (BOW) OF THE 870 79.4 64 21 ==17. r. =:m:g , t /1 ./.-Ill _ 1 1 4/5 -l= I : tr A?Z.i::/1'* * CL WA,0+3957 1 ' ~ 5' 9 5 4 X ;901~ 7*12 U £72 ™·" f 79 I I /1-En .....9 20 j / Ul S~J+94<>71 PROPOSED SIDEWALK AND THE UFT ON CONDOMINIUMS PARKING LOT. 5,0.2+ ./ f. . 6. A --154. 0/5. -27.70GI * -:...Ig BE=r=7=7 272 56,3,1"•-1 ,. t CROSS-SLOPE L 1 Lm·*,0.- 1 =41=0.0.~1= 0 %5-. . ... ~ li f i .;951.- f 1 V CONTRACTOR SHALL NOTIFY AND OBTA;N THE APPROVAL OF THE ENGINEER PmOR TO ...... S™W: m,179,9 4 11 ~ 1 1 L."PING .: . * .. i 1 S.I FL79•1 I. $ .1 Fl THE REMOVAL OR DEMOLmON OF ANY EXISTING CONSTRUCTED FEATURE NOT SOUTH ASPEN "- -h -*4 /7 Al f ~23'ii--~ ~ /~f;~f ~j,~ ~ ~~~~ ~6. 0»NER WAY BERE-QUMEZ) AS »EZL REnE-ClED /N 779/S PLANS£7=. APPROVAL OF ANY POTENTVKLLY AFFECTED PROPERTY IiI<p. , 1 W 2 W. f .1...... H 47 . l ..·.1- SL . Enl 8.&.,7 . 1 : EGM.... ' : 1 ·..0092§.57 1 k. M. 5,10,„.OJ L .. 752&70 I. al' . ~ ~ h - - i ··1 rri i, f.· M >.1 . . . / 1 1 01 "1+816 ,+23.79 Eop.,g . . a Sl/,+3 . E. .9 m 02 . 0 111 4- 71052 . : ~ .2 n ---1'.7 7-'I|~-'-lt--L-9-·-·t> 1-~mivff & 'll' I - . .79 . . =1 . 591 E IR '1,1! as'.,2 ma,9 . BEGN RD. CONSTR. . EOP,@?/0,5 /2-3 t. m./.m 2197 ./ c] 1 / LAON %1.72 1 f.1 7~52+84 sr*0+10.#7, . 0 U' i * 7,51.42 · 1.-00•1 79Sf24 30* . a 791/00 Sl, CUT Lhy€'7 4.111 34-4\13 80 \ f 97? Fl .75 45 . ·73 48 CG m 43+,7 - 1 11 j imp 705Y 29 1 1 011 Sto.34,51 S€S . S,AO,-,7 / CL ./ FED· '~n Sh .85 '·•2 0 I 01 9 7,3250 · ~COP,2 I n A„.2 r . . 4 / ..../m s.p„,5,/ 1 -1 ·,/ -ytigia..:. L ..~FU#-7 1-L S ,+SU, ar 50 i .93879 . v A«-'e<\ A X I r .,W.33 Nl - \ 2 4 >Wal , ACL 3 7. F . /.1 --r : .i . 58 : .. .1 * 3;,o..o 1 / ts,w#k„ , ttae - »-9=ruk %5 »¥1 3,012 »e25 2 €4_*r-~5,1071 / *70'.* R 1--* a N 1,-'.*W t: 1 R \ 1 Cl,1, y 1/ I , 44 L .trCH ot. Ce 10;7/*/E»' ASP, -<11 -\4 11 / 5<=f-K, s- I h,1 / \.3/2' [/-4 4 */ 5 \ 1 ,/ 7 1 .11 I /' 1 '.. i J i 1 ~5' SW 'i j ...,4 f./ 79. U , 10 1 1 Lo*.... ~ 0 0 4 BEGfN %. AUGNMENT FOR / \2 1 1 1 L~ / f /.7 :- L. -73 1 ./f : i m ..% Lil £.··&=1 kkmj=11-2 =S Vi#a '1 ~ n EF=' _~ ...55.39 . 795964 SOUTH ASPEN ST. 0¥ UP: #-00 fks;IN 30~ 92;BER CG TYPE & E2625'J9.55 :.. 1~. -. 5 ~~2Vhm: -*t!!58~ S~LO+Ca . I. ./. -, /P . - I X · 1 ..... 1 €* 7/36. 1 .- ful, ..1,7 \ .*J=- =ts,4„ srsa,+eaur=16/3 .Ct -2~-189.-+WIL_- [_i,EL i",3.08-2, aa- cc~,mol ~49 4.,si~€,7 pu~ DONE ST. Al]GN. -A,W 4 1 -i .:,q -0 :,17 104 *79.2~ /-544**Fjoks-- T Col> soum ./. m: . r | · -= 0=- 5-9- f 122,=A: 8%/==j/ 114,1 .AJ+«2.- , 7. 79.220-1 1 13 3't~\ 1 1, ---1«lt 'AMTCH DOWWO ELE-70,4 AT .. B . 57*,/•282 2 792@£11 -1 Sal•u.70 / F - - 1 W. 793027 M "•'·m: 11 1 + 0 9960? / · 3 i I . la:,1.8/ 1 11,1 99„6.82 ': 1 ..: 0 ~u ~ ~ ;do„~]~¤0/ EN£? CROSS-SLOPE ~INS/770* 8-' E-- ty?*F~€ 1 1 : 0 1 1K 5/· - . 4, i StS d SLI V.08; C.£1 792~11 i 3 . 7/5/16 . 1 EMS71%-L~ 6 ~ TEE€*NU -11-(0 - . 4/Jur, - 482 ~ TYPE 2 PEDESTRIAN RAMP 70 =MIN. j Y •Nom , i END fiNISHED SURFACE GRADE il, 09-44 · ··. AT EXISTING RETAINING WALL; ~ U il A - TYPE 7 PEDES™AN RNAP 75~j' APPROXIMATELY .1.5' IN HEIGHT. 'g ~ 81-DRECTIONAL DETACHED PEDESTR,AN RAMP ~/ 1]:·. ~ DP/CAL SOWH ASPEN ST '411 TYPICAL *UTH' ASPEN ST W/DUACHED SIDEWALKS · HEETS C28 & C29 FOR PEDESTRIAN RAMP DETARS. . 11 0 4 U~*t- W/PARKING. AND DETACHED. SIDEWALK U.\ , ANQ VN?MBLE BUFFER 40™ SECWON 4 Snowmelt sidewalk to be . ~ -SAS;-CL-STA.1+15 TO 2+On=L - l % STA. 2+00 TO ,*+07* 1 -: E X 8,4 * 4 / defered and included as part Graphic Scale 2-81 p. rg I :f 'iii v.'w'.1, .- . 20 40 _ - ~ d J tf' of the LOL Project $9 1 PLAN VIEW - SOUTH ASPEN STREET STATION 0+00 TO STATION 4+42.20 In Feel 1" = 20 | ~ · .END JO~ a¢~9/ER £26 77,E-,1/ '1 .1 1 :AT NORTH END OF INLET/BEGIN.30~ ~ : '. , 4842'13D---~~7. ENO 7,RC,L JO-B,mER £16 7,PE A-i I ~ ·· . CN fm~n . 1 L... fafT, Jo' MqtkY/&%.-9 })735- A Nk il: UOUBBLE (&6 7,PE AAT SOUm END \ 4 ~ it .~ 1 1 · ·~ OF- /Nux \ 91 j 112 8002. FvEG *003·73 ~ 1 / FRE=v 7>R soun, f 9% , . t k # . 1 E 2.498144 1 F EOP 8002 aS k d 1 1 7 a m.+42,* 0 -7 END FLO»LINE ~ 34m i END TYP. CROSS-SECT10~BEGIN--7 1 1 ' 1 AL*;N · 111 use eh.*,im . 6 I :t SKER CHALET -/ mIVS »Pal -21' To +4% »,5 1 h 884 '\ 1 j ,7,0 Aeav,;tatit 09 r~!E-. . 1 0 1 \ / 1 Gripric 5[ale 0/«2.-4 .. ·] ~ STEAK HOUSE -' ,/ 4/3 -2'.Pal .1- 79". 1 i . · i :6351<\11 8002. \ -SAS CL 310.8+59.02 f , \ 5 10 A PL ....7, 1\\11 fop == t -1 : 41'.0. i \ 201 . -1-14 .486'.22. /6249es.10 ~ . u-'-i„&&411 m**%,27 . \ m f 1 It /WECH EX.: ASPH. £n sre,+04, . ,0-. 1 . S.4+31/7 1 1 : feet 1..= 10' --- - - - - ---*€16~i€t~ Ct lEi¥.DW GILBERT ST 7 regwl ~ ' OA -2/201 NE··\ a 0*m - ,£ a=on / . S V i E '067,0,1 5E BLO UP , m =i.0, 5 1 1 = =2 1 m ma5.i;.22 A f *Ef,S-,rPH- . ~ .1 ** .S•14 , S= : =: 1 1 "941+1241 , · e.-/"01 7.7 3. . re. 795." rut m.•.0,0/ - i t b D LEE ~· ~~' 4 j tg==# \ ,/ MA O-N OR ..4 *DOTH ASPEN ... . 4 1 1 --* 5% 2 mas'®7 ..3.29'd/ £,1 ...0,079 I ¢|0~ -zet / | END 0- INGH CURB -J · \ , / + 34' M 0/S -53@L / 1 , mt=*b< 1 - STREE[ ALIGN,AE,rr ~· / £ ''! 1 S·IS . /'14. 12 a.al,5 :· .04 -,2.001 t\ N!48•8.04 . A.... ..4 1 L / /45 2 90./.2. / \ 7 1 .....•73.011 ' t i 4.5/·e I i & m.1 ... 9,1 . 0'>0 1/ 2 -r j i , --~te- - 2012 ~~~3-NWO~~~~R~~~~~~C~E~E~~~7 -- --.£,~-EE ~ .79...1 \ ,/>. ~/ -4/&8:plia.-- £2624935.3, - /, A J 1 .4 1 4 1 / I.7--1.-.2-1.-71--,1-,- .L . a h--2*60/,u 1 z - I , 1 . 0//S 11./02 y · pn s,a...e;.,9 \ COP 494 64, . i i ccwmc~, I ~Le# 91'r CO~ / 3 1. I $ .*110 1 L.. .#. $ 1 : 1-Plt 14 i t ,. t, 3 4 vt \ Ri~.~ .,17·; 1 i ", 3' 1 \M , ' ' · r j \ r j \ i , \ 1 -t t /1, r €'ter I StS Cl b./+37 t 1 /6 / S,/8....1 . -*- · · hgoom 4/3 -12.00% h. l 0102. A ~7: *ta -· 7. lilli iwvr. -M I ,-1· _--·-·- t'~ ~~~~~ ..1,7.-r~NX~,- \ ~ r.~ ~--1~..1,-~·- ·~~I.I;-~7%-*7 3 1 L,· 4. , -1 _ :i---r--- -7-- 7 /*··· -S' I *0.8...4 / i j 0/Sur / f = 2%11' ./5 -2*/92+ . ,//'A Re-.11• 7/n An• / , / 1 1 11 G = UAW : ~11/7 i ~/1 · ' 'I .t...'I.:' . ' ' ' ' *% / I - FL 799/88 i \1 -Ii- -4. /-»14•7 A~ 059 m 1, %[i.4 1 Ma" 1 1 4 1 I..4/kin St •% i. 7,07.7 11 :% 1, 1 4 1 4 ·flo),uNEUU.- 2 ~WS+ 1 1 4 0,4. 1 1 . 5a8* , 7/449 · 4 1 . . de, gr =% :17 "-4 \:A. Ls/?'im.92 i 1/ T »-p- - f t.' r: j ~Z D~a* · L /· L -/9/. 44*1-*UE 1 -43« 1 ~-i~ ~ 9-# 1~-"< 1 r</ W SES.9' Cul / £71 ....... M I- 1 I , \ m ..7...0 \ ~ '//· /+ 4 1 2 71*f .W:=P n .72.1, ; - 11*M- " 1 M b WENt AL[GN. . 7 7¥ 80'hoo /\ u -1-15 ~,2.-~4'191 4-9 1 44€44=64-\ '·\111 .0<-1 iEEE-/' OVO "8(4*¥ I. nE-*ra 5' S. ' : *BEE·:1 € 1, 1 , 1/ fg... : IW 40,0./. i - h ,% N 4, % \ ' \ 4, \ ' .1 4877.35 : 7,44*2 Y Add 0 4- 90 E- 0 d 0-Af t fuf - I .' 1 - IL:54.. i L. S45 2 500.0 8/,4 L .90·8"'·'D .\' 5 4909.77 ) . A ., .. f WEI. 1- 1-- 1 [ I- + 1- li 14 1 8• 000.21 FG 79.80· ~.56 ··/ 1~4~aoa,t* l_£=L L/./73 OF CONSmUCT/OA/2 %3-7 ' Itifo r /1 f 51. 23,0 t'j /|/ i IL // i. /////4 ./. tiliN /#15.1/ ./-%-:J\ , Ek . / I i=i'B:.lf /1 - 0/5'02-00*7 802Ia I ' 1 · 6 mill/ff En° 79. , . I sdw£ .......„ ,u~j*··\.4. i. -,obaso \ Ell / ·. sow #m 1 LIMITS OF . . I 1 483,1.7-" " . 7,Sai.3 *~ Sle 3+9S-24 ~ f~ 7979.93 _j CONSTRUCTION.. \.~ 6,&-1 1 I Jr:793/LI k=J 4/3»"' = 800208 $ \ E 202~907.a~ . 'fU#.n I !|LI ./.7/3/. 241 NORTH RE·1*01% /ALL OF E B.+75.89 1 ~5~* L. a..7= mai, RETA/WING HALL 1 1 / 1.... m i w ,235\ --·'. woi.87_lilli 1"%*~ ~ 4/S ~1750» ..61%77..l r-°"t*M/~4-,.1'~7 4~ · i..AE:-f /// 22&1 . W== SEr Sllullygil Of;SAL ~ -I: O/3 zOO ': I ,...*. A- I,__A--SI ....,2 i \ I ...~&,0 \ E 20.~#00. 4/1 0'.0 MATCH TO EX/SUNG & , . S. 000.4 U 1 i = : : . 7HE SH~OW WOUNTAm f : ....7'.,0 j , & 25,4 41\ 4--\4~r=4/,i[-7 3 1 1 = L- W. FLO»UNE AUGV. . 79.05_J 1 .Bow 799MI . 7997•0 FG .99.62 · N '*Se,a 4/S Ya.I -.1 ./7/2282 405 /27,1 0///. p ' gIM. ~ -AJL · . UNeholl. • D- S,S. Sh,+1.84 1 1 ~ sm+L 21 - 1 *L. z v IYPCIAL SOUTH ASPEN STREET ATTACHED 1 . ·. i CHANGE PER ' · n ™9 99 1 ~3 -# -1 - 2 3* PEn -P .m : · N 148,1851...- »Fl Ne 7+Ja J4 ~989 2· i .1 *-1230 C.\14 e F. ,002.801 / PH2 PLANS C--1 . 5/DEVALK - SDI. 4+07 TO 5+58*.@ 2 i '16 ... 1,4 '1""789 .75}9159 : S.. S #'ll . j E 2.248.39 ./ F.,0002 E 252489.53 ; N ,•804/3/ 2/37 for' *ILL 4 · . ma.60 ~ + eS ~ -/ 1 11 It f ...97.701 : %.:3 111 . I. 9......M .\ 2 · . t L=,1=:,0 \UN.?230'J 1 fl' .1/1 11 0/sagot• f jl Il -TYPICAL SOUTH ASPEN STREET DETACHED 'SIDEWALK STA 5+58 TO =11 PLAN VIEW - SOUTH ASPEN STREET STATION 4+42.20 TO STATION 8+84.40 SOUTH END OF SAS BLOWUP Revisions: 6SGM 0 ONE ASPEN - PHASE 1 em ARCHITECTURE, 620 Mainstreet. Suit.8 ~~~~ South Aspen Street | Drawn by: TLB Date: 12/05/14 k 011 Release for Construction 7/5/16 118 West Sixth Street Suile 200 PLANNING, INTERIORS Frisco, CO 80443 Glenwood Springs, CO 81601 ONE Tel: 970.658.1133 O'BRYAN Fax: 970,668.2316 PARTNERSHIP, INC 970.945.1004 SOUTH ASPEN STREET PUD/ SUBDIVISION @UG*! P. O. Box 2773 Plan View | Checked by: JSS | 2000-236.007 62 1 1 Project No: www sgm-inc.com ASPEN,COLORADO ARCHITECTS - A.I.A. DURANT ··7930, t:\2000\2COD-236\007_201/\Annil-SubMR-Ph- 2 ing\'8-PP-CL in-ER.de S-d: 14 1 1,4 20,6 8:35om Pbled: Tue, 05 w 20}16 I:,em m,/2 2/ * #/ COMMUNITY DEVELOPMENT DEPARTMENT - Exhibit 2 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 by the property owner or Attorney representing the property owner. Name: Michael Brown; Authorized Representative, Lift One Lodge Aspen LLC Property Owner ("1"): Email: Michael.brown@haymax.com Phone No.: 970.544.4189 Address of Lift One Lodge; 710 South Aspen Street; Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) ~This property is not subject to a homeowners association or other form of private covenant. J 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. 2 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. Evidence of approval is attached. 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 a public document. 6/16/2017 Owner signature: date: Owner printed name: Michael Brown, Authorized Representative Lift One Lodge Aspen LLC or, Attorney signature: date: Attorney printed name: Exhibit 3 ® BendonAdams June 16, 2017 RECEIVED Jessica Garrow, AICP Community Development Director JUL 2 0 2017 City of Aspen 130 So. Galena St. PEN CITY OF AS Aspen, Colorado 81611 4."Tr DEVELOF*ENT RE: Lift One Lodge 710 South Aspen Street; Aspen, CO. Ms. Garrow: Please accept this letter authorizing and BendonAdams and Method Planning + Development to represent our ownership interests in Lift One Lodge and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property - Lift One Lodge; 710 South Aspen Street; Aspen, CO 81611 Legal Description - Lift One Lodge Subdivision/PUD. Parcel ID 2735.131.01.001 Owner - Lift One Lodge Aspen LLC Kind Regards, Michael Brown Authorized Representative Lift One Lodge Aspen LLC 605 West Main Street, 102 Aspen, CO. 81611 970.544.4189 michael.brown@haymax.com 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Customer Distribution Exhibit 4 Land Title Our Order Number: ABH62008290 GUARANTEE COMPANY -- Since /967- Date: 04-10-2017 Property Address: 710 S ASPEN ST, ASPEN, CO 81611 For Title Assistance SUSAN KOPPMAN 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4105 (phone) 303-393-4842 (fax) skoppman@Itgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner Attorney for Seller LIFT ONE LODGE ASPEN LLC WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP 605 W MAIN ST#2 Attention: J BART JOHNSON ASPEN, CO 81611 420 E MAIN ST #210 Del vered via: Delivered by Attorney ASPEN, CO 81611 970-544-4602 (work) 866-492-0361 (work fax) johnson@wcrlegal.com Delivered via: Electronic Mail Land Title GUARANTEE COMPANY - Since 1967 - Land Title Guarantee Company Estimate of Title Fees Order Number: ABH62008290 Date: 04-10-2017 Property Address: 710 S ASPEN ST, ASPEN, CO 81611 Buyer/Borrower: Seller: LIFT ONE LODGE ASPEN LLC, A DELAWARE LIMITED LIABILITY COMPANY Visit Land Title's website at www.Itgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $216.00~ If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $216.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABH62008290 Customer Ref-Loan No.: Property Address: 710 S ASPEN ST, ASPEN, CO 81611 1. Effective Date: 03-31-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 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: LIFT ONE LODGE ASPEN LLC, A DELAWARE LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS 1 AND 2, LIFT ONE LODGE SUBDIVISION/PUD, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5, 2013 AT RECEPTION NO. 597438 COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2017 American Land Title Association. All Rights Reserved AMEK[CAN LAND TITLE .1,5 SOC[ATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABH62008290 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company ~ Schedule B-2 (Exceptions) Order Number: ABH62008290 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN PATENT RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 298. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CITY OF ASPEN ORDINANCE #28 (SERIES 2011) RECORDED JANUARY 10, 2012 UNDER RECEPTION NO. 585785. 11. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT ORDER OF THE CITY OF ASPEN RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 585963, AND AS AMENDED IN DEVELOPMENT ORDER - AMENDMENT #1, CITY OF ASPEN RECORDED AUGUST 21, 2012 UNDER RECEPTION NO. 591520. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE FINAL PLAT OF LIFT ONE LODGE SUBDIVISION/PUD RECORDED MARCH 5, 2013 AT RECEPTION NO. 597438. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD RECORDED MARCH 5, 2013 AT RECEPTION NO. 597439 AND FIRST AMENDMENT RECORDED DECEMBER 30, 2016 AT Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABH62008290 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the I satisfaction of the Company: RECEPTION NO. 635076. NOTE: LIFT ONE LODGE SUBDIVISION/PUD MAP WAS RECORDED MARCH 5, 2013 UNDER RECEPTION NO. 597441. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MASTER ~ EASEMENT AGREEMENT RECORDED MARCH 5, 2013 AT RECEPTION NO. 597440. 15. CONDITIONS AS SET FORTH IN RESOLUTION NO. 14, SERIES OF 2010, RECORDED DECEMBER 17, I 2010 UNDER RECEPTION NO. 575969. 16. CONDITIONS AS SET FORTH IN RESOLUTION NO. 41, SERIES OF 2015, RECORDED APRIL 21, 2015 UNDER RECEPTION NO. 619190. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ~ DEVELOPMENT ORDER-AMENDMENT #2 RECORDED APRIL 27, 2015 UNDER RECEPTION NO. I 619352. 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 18, 2015 AT RECEPTION NO. 622523. 19. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 2 (SERIES OF 2016) RECORDED APRIL 21, 2016 AT RECEPTION NO. 628735. I JOINT NOTICE OF PRIVACY POLICY OF Land Title LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY, €AMA!41¢*4·OUNe;¥ LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY --Sina *96:- LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information") In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others, • a consumer reporting agency, if such information is provided to us in connection with your transaction: and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our ~ affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION Land litle r.4·4...94:tar C.,14ir»4¥ DISCLOSURE STATEMENTS --·'bia /4,2.-e_ 1 Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) 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) C) 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 1 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 8-1-2 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 I 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-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) 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. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property 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 disclosing that a mineral estate has been severed from the surface estate, in Schedule ~ 8-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise 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 B) 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. *** Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed T Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, ** upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A '* and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www. alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: ."DID" Old Republic National Title Insurance Company Land Title Guarantee Company a Stock Company 3033 East First Avenue '''lpa. TIT,44:, 400 Second Avenue South Suite 600 ...40** * 41 Minneapolis, Minnesota 55401 Denver, Colorado 80206 :3.. . 9. (612)371-1111 303-321-1880 .-4 -0 * I E ~---1_ :3* 0- c u '40-</92:34·dae.„ .-16 EL €31 -0 + m: Mark Blibrey / =9* * ID... President - AMERICAN John E. Freyer, Jr LAND TITLE President ASSOCIATION '6:770 · k't,.'' /'-//' I &2'T,/5-Yeager t J ........1 Exhibit 5 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 by the propetiv owner or Attorney representing the properly owner. Name: Todd Emerson, ASV Aspen Street Owner, LLC; do Bald Mountain, LLC Property Owner CID: Email: temerson@baldmountainlk.com Phone No.: 925-2114 Address of Lots 1 and 2 Property: South Aspen Street Subdivision & PUD: Amended & Restated (subject of application) I certify as follows: (pick one) ® This property is not subject to a homeowners association or other form of private covenant. El 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. U 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 documen# is a public document. -\-CZe•-uti 39-Mexpl»' k (41 4 14. owner signature: 44+---349%2*t,*'ClkwaJQ:~44 ,#1rjjity --3 u Owner printed name: Todd Emerson, Proiect Manager or, Attorney signature: date: Attorney printed name: Exhibit 6 ® BendonAdams February 13, 2017 Ms. Jennifer Phelan, AICP Community Development Deputy Director City ofAspen 130 So. Galena St. Aspen, Colorado 81611 RE: South Aspen Street Townhomes PUD & Subdivision Insubstantial Amendment (Parcel ID 273 131 39 001 and 004) Ms. Phelan: Please accept this letter authorizing Chris Bendon of BendonAdams, LLC to represent our ownership interests in the South Aspen Street Townhomes project and act on our behalf on matters regarding the property If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots 1 & 2, South Aspen Street PUD & Subdivision: Amended & Restated Owner: ASV Aspen Street Owner LLC; c/o Bald Mountain, LLC Kind Regards, 04/10-- R«/.»1 191- Todd Emerson, Project Manager Bald Mountain, LLC 132 West Main Street, Suite C Aspen, CO 81611 (970) 925-2114 Exhibit 7 COMMITMENT for TITLE INSURANCE issued by ~ TITLE COMPANY of the rockies as agent for FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Commitment Number: 0704905-C2 Commitment Ordered By: Inquiries should be directed to: Todd Emerson Susan Hass Bald Mountain LLC Title Company ofthe Rockies 132 W. Main St. Ste. C 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-385-2114 Fax: Phone: (970) 920-9299 Fax: (970) 920-5352 email: temerson@baldmountainlic.com Reference Property Address: TBD South Aspen Street, Aspen, CO 81611 SCHEDULE A 1. Effective Date: February 16,2017,7:00 am Issue Date: March 06,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined Premium: Amount to be Determined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: ASV Aspen Street Owner LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lots 1 and 2, SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19,2014, in Plat Book 108 at Page 60. TO BE KNOWN AS: Unit , according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH CONDOMINIUM, recorded , 2017, at Reception No. , and the Condominium Map recorded , 2017, at Reception No. NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly. Commitment No. 0704905-C2 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledged Condominium Map of South Aspen Street PUD North Condominium. 2. Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North Condominium. NOTE: The Company reserves the right to make additional requirements and/or exceptions upon review of the Plat and Declaration contemplated by Requirements No. 1 and 2. 3. Release by the Public Trustee of Pitkin County releasing subject property from the lien of the Deed of Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure $75,000,000.00, dated May 22,2015, and recorded May 22, 2015, at Reception No. 620109. NOTE: Assignment of Leases and Rents recorded May 22, 2015, at Reception No. 620110, given in connection with the above Deed of Trust. NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22,2015, at Reception No. 620111. NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE Finance, LLC, as agent, secured party, recorded May 22,2015, at Reception No. 620112. 4. Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company, disclosing the names of all Managers of said limited liability company and otherwise complying with C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company prior to the time it conveys title to subject property, must be filed in the office of the Secretary of State for the State of Delaware, but need not be recorded. 5. Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. 6. Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be Determined. Alta Commitment - 2006 Schedule B-I Requirements Commitment No. 0704905-C2 Schedule B-1 Requirements (continued) NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 7. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 8. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), ofthe City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-I Requirements (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 11 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry ofpersons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1949, in Book 175 at Page 298. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded July 26, 1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944. 9. Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership, recorded December 2, 1985, in Book 500 at Page 605, as amended by instrument recorded October 21, 2014, at Reception No. 614729. 10. Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526. 11. Ordinance No. 32 ( Series of 2003 ) recorded August 4,2003, at Reception No. 486407. 12. Notice Of PUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded August 8,2007, at Reception No. 540761. 13. Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded December 19,2014, at Reception No. 616165, as amended by instrument recorded July 1, Alta Commitment - 2006 Schedule B-11 Exceptions Commitment No. 0704905-C2 Schedule B-II Exceptions (continued) 2016, at Reception No. 630425.. 14. Easements, rights of way and all other matters as shown on the Plat of South Aspen Street PUD/Subdivision, filed December 19,2014, in Plat Book 108 at Page 60 as Reception No. 616166. 15. Notice of PUD Designation recorded July 10,2007, at Reception No. 539750, August 8,2007, at Reception No. 540693 and November 12,2007, at Reception No. 543983. 16. Contribution Agreement recorded August 2,2007, at Reception No. 540625. 17. Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1,2010, at Reception No. 568178. 18. Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21,2012, at Reception No. 591518. 19. Resolution No. 18 (Series of 2012) by the City of Aspen Planning and Zoning Commission recorded October 22,2012, at Reception No. 593257. 20. Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2, 2013, at Reception No. 606010. 21. Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And Licence Agreement recorded August 18,2015, at Reception No. 622523. 22. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded April 21,2016, at Reception No. 628736. 23. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded July 1, 2016,at Reception No. 630424. 24. Easement and right of way for underground electric transmission or distribution line and related appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado corporation, by instrument recorded August 12,2016, at Reception No. 631392, said easement being more particularly described therein. 25. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And Vault Agreement recorded August 8,2016, at Reception No. 631249. 26. Terms, agreements, provisions, conditions and obligations as contained in Agreement For Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29, 2016, at Reception No. 635044. 27. Easements, rights of way and all other matters as shown on the Condominium Map of South Aspen Street PUD North Condominium, recorded 2017, at Reception No. 28. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for South Aspen Street PUD North Condominium, recorded 2017, at Reception No. Alta Commitment - 2006 Schedule B-II Exceptions (continued) Commitment No. 0704905-C2 Schedule B-Il Exceptions (continued) Alta Commitment - 2006 Schedule B-H Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. §10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII, Notice is hereby given Section 9 (G) notice is hereby given that requires that (a) If there is recorded evidence that a mineral "Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property' without designated as ' earnest money " for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued §30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions and recorder's office shall contain a top the title entity shall: A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller. or or townhouse unit , file any document that does not conform, b. If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy held by the title entity for 180 days from purpose of construction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described In Schedule A of this customer information to any external which the title entity shall return said Commitment within the past 13 months. non-affiliated organization unless we have funds to the payor. C. The Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens. Note 8: Records contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to §10-11-122, C.R.S.: "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County of any interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R.S. Be further advised that, for many· §39-22-604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, ifapplicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements 51 IMER'c . 2 ~ First American Title™ DISCLOSITRE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) 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 will refuse to record or file any document that does not conform to the requirements of this section. NOTE If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due I isting each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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: Pursuantto 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. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise 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 B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. 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. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. I f there has been construction, improvements or major repairs undertaken on the property 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 C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)00, 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 ofan 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. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. 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. Exhibit 8 Vicinity Map South Aspen Townhomes - Lift One Lodge 1.j ) E 9 - -377 Elliott Yuy [latlefy © a The Red Onion W,gne. Park ; Eec F D.,ront A.,,· 212 0: pup I E 110•ht A.·· 0 Ent' 6, 81,1 F The St Regis Advelittile,% A: 2 Aspen Resoe ' I Aspe e. "*eft & 6 $, A.per, Mountmtri 1- Ski Resort A~en 4 t' SU,f-& a 2.er,#r / ARn Conde, Ret,181 fi , .............. Exhibit 10 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD (this "Amendment") is made as ofthe day of 2017, by and between LIFT ONE LODGE ASPEN LLC, a Delaware limited liability company ("Owner"), and the CITY OF ASPEN, COLORADO, a Colorado homerule municipal corporation (the "City"). Recitals A. Owner (as the successor-in-interest to Roaring Fork Mountain Lodge - Aspen, LLC) and the City are parties to that certain Development Agreement for Lift One Lodge Subdivision/PUD recorded in the real property records of Pitkin County, Colorado (the "Records") on March 5,2013 at Reception No. 597439, as amended by the First Amendment thereto recorded in the Records on December 30,2016 at Reception No. 635076 (collectively, the "Development Agreement"). B. The Development Agreement concerns the development of a lodge and condominium project, with certain associated facilities and amenities, all as more particularly described in the Development Agreement and the City approvals for the project (collectively, the "L lL Project"). The final planned unit development plans for the LlL Project were recorded in the Records on March 5,2013 in Plat Book 102 at Page 4, at Reception No. 597441, and amended by the amended planned unit development plans recorded in the Records on December 30,2016 in Plat Book 117 at Page 23, at Reception No. 635075 (collectively, the "PUD Plan Set"). C. Pursuant to the Development Agreement, certain improvements are required to be made to the City's utility infrastructure and South Aspen Street right-of-way as provided in Article III of the Development Agreement and the PUD Plan Set. D. Sections 3.3,3.4, and 3.5 of the Development Agreement contemplated a cost- recovery arrangement between Owner and other property owner(s) along South Aspen Street that would be required to provide and would benefit from certain street/sidewalk, utility, and drainage improvements. E. The South Aspen Street Townhomes development, owned by ASV Aspen Street Owner LLC, a Delaware limited liability company ("ASV"), is located directly west of the Ll L Project on the west side of South Aspen Street. ASV has agreed to and is required to develop certain improvements to the public street, sidewalk, public utility, and drainage systems (the "Public Improvements"), all as identified in the Second Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded in the Records on July 1, 2016 as Reception No. 630425 (the "SAS Agreement"). F. Certain components of the Public Improvements are located in close proximity to the LlL Project property and consist of: (i) a public sidewalk plumbed for snowmelting on the east side of South Aspen Street south of the vehicle turn-around, along the western boundary of the {A0109936 /1} L1 L Project, as described and depicted in Exhibits A and B; and (ii) a municipal water main located east of South Aspen Street along the southern boundary of the LIL Project, as described and depicted in Exhibits A and B (the "Applicable Components"). The projected costs of these Applicable Components is itemized on the attached Exhibit C. The Applicable Components were originally to be constructed by Owner pursuant to Article III of the Development Agreement, but SAS agreed with Owner and the City that SAS would construct the Applicable Components with a right to receive a pro-rata reimbursement from Owner pursuant to the terms of a separate agreement. G. Construction ofthe LlL Project has a high probability ofdamaging the Applicable Components and requiring them to be rebuilt by Owner at an unnecessary additional cost and with unnecessary additional service and construction disruption to the public. H. Owner is, in coordination with ASV being relieved of the obligation to construct the Applicable Components, willing to re-assume the responsibility and obligation of developing the Applicable Components concurrent with its development of the Ll L Project. I. Owner and the City desire to amend the Development Agreement to reflect their mutual understanding and agreement concerning the acceptance by Owner of the obligation to construct the Applicable Components, subject to the terms provided herein and concurrent with the City's release of ASV's obligation to construct the Applicable Components pursuant to the Third Amendment to Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD, recorded in the Records at Reception No. Agreement NOW, THEREFORE, the City and the Owner hereby agree as follows: 1. Incorporation of Recitals; Ratification. The Recitals given above are incorporated into this Amendment and the factual assertions in such Recitals are confirmed as being true and accurate. 2. Amendment of Development Agreement. The Development Agreement is hereby amended to provide as follows: a. Owner shall develop, at its sole cost, the Applicable Components as described herein and as depicted and detailed in Exhibits A and B. b. Owner shall provide an adequate performance guarantee pursuant to Sections 26.490.070.A.7 and 26.490.070.C ofthe City ofAspen Land Use Code (the "LUC") to secure completion of construction of the Components pursuant to this Amendment. The guarantee amount shall be $432,104.31, representing 150% of the estimated costs of the Applicable Components as described in Exhibit C. The guarantee amount shall be adjusted annually, on July 1 of each year, based on the percentage increase, if any, in 1 ] [NOTE: insert a mutually acceptable construction pricing index]. {A0109936/1} 2 c. Inspection of the work and release of the performance guarantyee/surety shall be according to the procedures and requirements provided in Section 26.490.070.D of the LUC. d. Construction of the Applicable Components shall be completed by Owner within five (5) complete civil development seasons (April 1 - October 15) after the recording of this Amendment in the Records (as such deadline may be extended pursuant to the terms hereof, the "Completion Deadline"). The Completion Deadline shall be automatically extended upon submission, and acceptance by the City, of a land use application to amend the LIL Project entitlements for a period of time concurrent with the review of such application, plus two complete civil development seasons (April 1 - October 15) from the time of final disposition of the land use application. The Completion Deadline may be further adjusted by any amended or new development entitlement approval for the LIL Project. e. Notwithstanding the above, the City Engineer may extend the Completion Deadline by any time period deemed in the public interest by written decision, which may also include reasonable adjustments to the surety amount. f. Owner shall provide a reasonable temporary construction access easement to the City allowing construction of the Components. The easement shall be granted if Owner fails to install the Applicable Components pursuant to this Amendment by the Completion Deadline. The easement shall be of a dimension and duration as reasonably required for the City to perform the incomplete work but shall terminate in any event upon completion ofthe Applicable Components, including reasonable time for inspections, testing, revegetation, and similar activities related to installation of the Applicable Components. 3. No Effect on Non-Applicable Components. This Amendment shall not be construed as to represent the entirety of improvements required to be installed by Owner pursuant to the Development Agreement or otherwise limit the City's ability to enforce all other aspects of the Development Agreement or applicable building and development codes, subject to the vested property rights for the LlL Project. 4. Effect. The terms of this Amendment shall govern over any conflicting terms contained in the Development Agreement or the Original Approvals. Except as expressly provided in this Amendment, the Development Agreement and the Original Approvals have not been amended and remain in full force and effect. 5. Recording. This Amendment shall be recorded in the Records. WHEREAS, this Amendment has been executed and consented to as ofthe date first above written. l-Balance of Page Intentionally Left Blank. Signatures Appear on Following Pages.] {A0109936 /1} 3 City: City of Aspen, Colorado, a Colorado homerule municipal corporation By: Steven Skadron, Mayor Attest: Linda Manning, City Clerk APPROVED AS TO FORM: James R. True, City Attorney [remainder ofpage intentionally blank] {A0109936/1} 4 Owner: LIFT ONE LODGE ASPEN LLC, a Delaware limited liability company By: Name: Title: STATE OF ) ) SS. COUNTY OF ) The foregoing Amendment was acknowledged before me this day of ,2017, by as of Lift One Lodge Aspen LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public {A0109936/11 5 Exhibit A July 10.2017 Memorandum from Sopris Engineering Describing the Components [see attached pages-] Exhibit B Annotated Drawings Prepared by SGM Engineering Depicting the Components [see attached pages] Exhibit C July 10.2017 Cost Estimates of Components [see attached pages] { A0109936 /1 } Exhibit 11 THIRD AMENDMENT TO AMENDED AND RESTATED SUBDIVISION/PUD AGREEMENT FOR SOUTH ASPEN STREET SUBDIVISION/PUD This Third Amendment ("Amendment") to Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD, effective this day of 2017, is made and entered into by and between ASV ASPEN STREET OWNER LLC, a Delaware limited liability company ("ASV") and the CITY OF ASPEN, Colorado, a Colorado municipal corporation (the "City"). RECITALS A. ASV and the City are parties to that certain Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD dated December 16,2014 that was recorded in the real estate records of Pitkin County, Colorado on December 19,2014 at Reception No. 616165 (the "Original Agreement"), as amended by that certain "Notice of Approval" recorded in the real estate records of Pitkin County, Colorado on April 21, 2016 at Reception No. 628736 (the "First Amendment"), and that certain Second Amendment to Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD that was recorded in the real estate records of Pitkin County, Colorado on July 1,2016 at Reception No. 630425 (the "Second Amendment"; and collectively with the Original Agreement and the First Amendment, the "PUD Agreement"). B. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the PUD Agreement. C. Pursuant to the Second Amendment, ASV is required to complete certain improvements to South Aspen Street, which are defined and described in the Second Amendment as the "Revised Street Improvements", and such "Revised Street Improvements" are required to be constructed in two phases, which are defined and described in the Second Amendment as the "Phase I Street Improvements" and the "Phase lI Street Improvements", respectively. D. The Phase H Street Improvements include the following components (the "Applicable Components): 1) A snowmelted public sidewalk on the east side of South Aspen Street south of the vehicle turn-around, as described and depicted in Exhibits A and B attached hereto; and, 2) A municipal water main located east of South Aspen Street along the southern boundary of the Ll L property, as described and depicted in Exhibits A and B attached hereto. 1 E. The estimated cost of the Applicable Components is $[288,070.00], as set forth on Exhibit C attached hereto. F. Article II, Section 2 of the PUD Agreement contemplates a cost-recovery arrangement between ASV and other property owner(s) along South Aspen Street that would be required to provide and would benefit from certain street/sidewalk, utility, and drainage improvements. G. The Lift One Lodge project (the "Ll L Project"), owned by Lift One Lodge Aspen, LLC ("L1L") is located directly east of the ASV project on the east side of South Aspen Street. H. The Applicable Components are located in close proximity to the Ll L Project. Construction of the Ll L Project has a high probability of damaging the Applicable Components and requiring them to be rebuilt by Ll L at an unnecessary additional cost and with unnecessary additional service and construction disruption to the public. I. ASV is, in coordination with Ll L and the City, being relieved ofthe obligation to construct the Applicable Components, and Ll L is willing to assume the responsibility and obligation ofcompleting the Applicable Components concurrent with Ll L's development ofthe Ll L Project. J. ASV and the City desire to amend the PUD Agreement to reflect their mutual understanding and agreement concerning the release of ASV's obligation to construct the Applicable Components, as provided herein and subject to acceptance by Ll L of the costs, responsibility, and obligation to construct the Applicable Components. K. Ll L has accepted the costs, responsibility, and obligation to construct the Applicable Components, pursuant to that certain Second Amendment to Development Agreement for Lift One Lodge Subdivision/PUD recorded in the real estate records of Pitkin County, Colorado on at Reception no. Now Therefore, ASV and the City hereby amend the PUD Agreement as follows: 1. Article II, Section 2 ofthe PUD Agreement is hereby amended to provide that: i. Effective as of the date of this Amendment, the Revised Street Improvements do not include, and ASV is hereby released from any obligation to construct, the Applicable Components. ii. The City hereby agrees that the amount ofthe surety provided by ASV in connection with the PUD Agreement shall be reduced by $432,104.31 (i.e., from $1,875,000.00 to $1,442,895.70), which represents 150% ofthe estimated costs of the Applicable Components. All other aspects of the surety requirements and release provisions shall remain in full force and effect. 2 iii. All other installation requirements, progress checks, inspection requirements, and remedies for delayed progress, as stated in the PUD Agreement shall remain in full force and effect. iv. All other requirements necessary to achieve Certificates of Occupancy for Lot 1 and Lot 2, as previously stated in the PUD Agreement, shall remain in full force and effect. 2. Except as amended hereby, the PUD Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment on the date written above. THE CITY OF ASPEN, a municipal corporation By: Print Name: Title: STATE OF ) )SS. COUNTY OF ) The foregoing Amendment was acknowledged before me this day of 2017 by (name), (title) ofthe City of Aspen. WITNESS my hand and official seal. My commission expires: Notary Public 3 IN WITNESS WHEREOF, the parties have executed this Amendment on the date written above. ASV ASPEN STREET OWNER LLC, a Delaware limited liability company By: David Parker, Director STATE OF ) )SS. COUNTY OF ) The foregoing Amendment was acknowledged before me this- day of 2017 by David Parker, Director ofASV Aspen Street Owner LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public 4 Exhibit A July 10,2017 Memorandum from Sopris Engineering Describing the Components [see attached pages] Exhibit B Annotated Drawings Prepared by SGM Engineering Depicting the Components [see attached pages] Exhibit C July 10,2017 Cost Estimates of Components [see attached pages] 5 Lift One Lodge Aspen LLC 00 G { - 20(7. As LU RECEIVED JUL 26 2017 July 26, 2017 CNg'# F ASPEN VIA: Hand Delivered DEVELOP,ENT Angie or Hillary, City Planning Department City of Aspen 130 South Galena St., 3rd Floor Aspen, CO 81611 Re: Lift One Lodge Aspen Application Fees & Agreement City Planning Department: Enclosed please find the Agreement to Pay Application Fees for Lift One Lodge Aspen LLC signed by Michael Brown and check number 2052 in the amount of 1,950.00. Also find the Land Use Application Determination of Completeness completed by Hillary Seminick. If you have any questions don't hesitate to contact me at (970)544-4187. Thank you. Best regards, (1~BLU©Ch cx *2461 Claudia Kirby clacclim 63 Inayrnax. con-1 Lift One Lodge Aspen LLC 605 W MAIN ST, SUITE 2 ASPEN, COLORADO 81611, USA T: +1 (970) 544-4187 Exhibit 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION ~~~~ PRCUECT: Name: Lift One Lodge / South Aspen Street Townhomes PUD Amendment 44%. 419 9, Location: 701 and 710 South Aspen Street t,1 042, ..10 Parcel ID# (REQUIRED) . 7221*%'c. 41 SAS - 2735.131.39.001 and 004 ; Ll L - 2735.131.01.001 <941>'.4 · APPLICANT: (4;/ ....&* SAS - ASV Aspen Street Owner LLC Ll L - Lift One Lodge Aspen LLC ~~42· Name: r./n RAM Mal Int:ain 11 C c/o Michael Brown: Authorized Representative 132 West Main Street Suite C 605 West Main Street Suite 102 Address: Aspen, CO 81611 Aspen, CO 81611 (970) 925.2114 (970) 544.4189 Phone #: REPRESENTIVATIVE: Name: BendonAdams Address: 300 So. Spring St. #202; Aspen, CO 81611 (970) 925.2855 Phone#: D GMQS Exemption 1~1 Conceptual PUD D Temporary Use £ GMQS Allotment 1-91 Final PUD(& PUD Amendment) Special Review Subdivision 1 Conceptual SPA ~ ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes ~ Margin, Hallam Lake Bluff, Condominiumization) D Mountain View Plane U Final SPA (&SPA D Commercial Design Review 1 Lot Split Amendment) 1 Residential Design Variance |~1 Lot Line Adjustment £ Small Lodge Conversion/ Expansion 0 Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I wo existing entitled projects, one under construction, with certain public infrastructure installation requirements PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) No changes to projects. Change to the timing and responsible party tor infrastructure installation. Haye you attached the following? FEES DUE: $ 1,950 ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards ~ 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 of all 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 if you must submit a 3-D model. March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 Hist. Pres. - Minor Amendment, HPO Review Hist. Pres. - Minor Amendment, Monitor Review Development Order Publication Fee 4 Note: Applicant meetings with the Zoning Officer or a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, city regulations, etc. An applicant shall be billed for any pre-application or pre-pennit staff time significantly in excess of that which is reasonably necessary. , Billing will be at the Planning/Zoning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-pennit service. Planning Review - Administrative, Flat Fees Applies to: Flat Fee 1 $81.00 GMQS - Temporary Food Vending Code Interpretation, formal issuance Historic Pres. - Cert of No Negative Effect Flat Fee 2 $163.00 Temporary Use, admin. Flat Fee 3 $325.00 GMQS - SF or Dx replacement - cash-in-lieu GMQS - SF or Dx replacement - ADU, admin. GMQS - Change-in-use for Historic landmark GMQS - Minor Enlargement for Historic landmark GMQS - Alley Store GMQS - Exemption from MF Housing Replacement Flat.Fee 4 $650.00 Residential Design Variance, admin. Planning Review - Administrative, Hourly Fee 7- treposil ~ 00 I. N6 · 00000 0 45610 -•5 Hours Deposit Applies to: 2 $650.00 Review of Condominium plats or amendments. Review time for.City Attorney and other referral departments also applies and is billed at same hourly rate. Review time for City Engineer is billed at the rate stated below. 1~ Debosit Hours Deposit Applies to: 3 $975.00 Recordation Documents Review - review of subdivision plats, subdivision exemption plats (except condo), Planned Development development agreements, subdivision C ~1_V<l*Lk/- CaA" 0 96,n Un Aric 4 City of Aspen Land Use Code 00\· 1 '2,1 - oow o * 4413) Part 100, General Provisions (A56© Page 3 *11 6 2 00 L · ll6 · 00000· ' r G l O agreements, Planned Development agreements, or amendments to recorded documents. Review time for City Attorney and other referral departments also applies and is billed at same rate. Review time for City Engineer is billed at the rate stated below. Deposit Hours Deposit Applies to: 4 $1,300.00 Admin. Cond. Use or Special Review Admin. ESA or ESA exemption Admin. Subdivision - Lot Line Adjustment Admin. Planned Development Amendments Admin. Commercial Design Review Amendment Exempt Timesharing Plus hourly rate Applies to: per hour for staff review time in excess of deposit hours. Ifcase $325.00 takes less time than. deposit, the applicant will be refunded. Referral Agency Fees - Admin. reviews, as applicable $325.00 City Engineering, per hour. Billed with planning case $650.00 Aspen/Pitkin County -Housing Authority, flat fee $650.00 City Parks Department, flat fee $650.00 City Environmental Health Department, flat fee Planning Review - One-Step, Hourly Fee Deposit Hours Deposit Applies to: 4 $1,300.00 Historic Pres. - Minor Development Historic Pres. - Major Development up to 1,000 s.f. Temporary Use, City Council Vested Rights Extension, City Council Appeals ofAdministrative or Board Decisions Deposit , Hours Deposit Applies to: 6 $1,950.00 Historic Pres. - Major Development over 1,000 s.f. Historic Pres. - Demolitions and Off-Site Relocations Historic Pres. - Substantial Amendment Board of Adjustment variance Deposit Hours Deposit Applies to: 10 $3,250.00 Growth Management - Minor P&Z (incl. AH certificate) Conditional Use Special Review (incl. ADU @ P&Z) Environmentally Sensitive Area Review City of Aspen Land Use Code Part 100 - General Provisions Page 4 CITY OF ASPEN Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00043575 Account Number:30251 Date: 7/26/2017 Applicant: LIFT ONE LODGEASPEN, LLC Type: check # 2052 Permit Number Fee Description Amount 0061.2017.ASLU Planning Hourly Fees -\3,00·00 1,625.00 0061.2017.ASLU Eng Referral Fee 325.00 Total: $1,950.00 C.4 Auunt) 24-U 4-2.-s 1013.00 1,67.4 J Exhibit 9 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 429.2741 DATE: May 9, 2017 PROJECT: South Aspen Street Townhomes Planned and Lift One Lodge Planned Development REPRESENTATIVE: Adam Roy, Method Planning + Development DESCRIPTION: The Applicant is interested in amending the Subdivision and Planned Development Agreements for both the Lift One Lodge and South Aspen Townhomes. There are several improvements required by the development agreements that are phased based on anticipation of each respective development. The amendments to the Planned Development Agreements conveyed by the Applicant are related to technical issues; therefore, subject to review standards set out in Section 26.445.110, the applicant's application will be subject to 26.445.110A, Insubstantial Amendment which may be authorized by the Community Development Director. Referrals to Engineering and the City Attorney will be required. Staff recommends both Lift One Lodge and South Aspen Townhomes submit a joint application for this amendment. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps°/020and%20Fees/2013%20land°/020use%208 pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110A Insubstantial PD Amendments Review by: Staff for complete application Staff for administrative review Public Hearing: NA Planning Fees: Planning Deposit: Administrative Review, $1,300 for 4 hours (additional planning hours over deposit amount are billed at a rate of $325/hour) Referral Fees: Engineering Deposit: $325 for 1 hour (additional hours over deposit amount are billed at a rate of $325/hour). Legal Deposit: $325 for 1 hour (additional hours over deposit amount are billed at a rate of $325/hour) Total Deposit: $1,950 ~ To apply, submit the following information: ASLU Insubstantial PD Amendment South Aspen Townhomes Subdivision & PD, Lift One Lodge Subdivision & PD 1 < Completed Land Use Application and signed fee agreement. -* [4 Pre-application Conference Summary (this document). [5 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, 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. 910 / 5 NT 4 ~ Applicants name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicants. JAT 4 1162 4 [¥ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 0 The site improvement survey requirement is waived. Of Written responses to all review criteria. ef Draft Planned Development Agreement (Lift One Lodge) El~Draft Planned Development Agreement (South Aspen Townhomes) 0 Draft cost sharing agreement el' Cost estimate for the improvements (Lift One Lodge) 4 Cost estimate for improvements (South Aspen Townhomes) M Updated draft phasing plan for improvements impacted by this request 0 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 1 additional copy of the complete application packet. O Total deposit for review of the application. Il A digital copy of the application provided in pdf file format. 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. 2 RETAIN FORPERMANENTRE 9 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees 5 An agreement between the City of Aspen ("City") and 4 Property Michael Brown Phone No.: 970.544.4189 1&'A / / 9 Owner ("1"): Authorized Representative Email: michael.brown@haymax.co Lift One Lodge Aspen LLC Address of Lift One Lodge Billing Lift One Lodge Aspen LLC »1 Property: 710 South Aspen Street Address: Attn: Michael Brown w (Subject of Aspen, CO 81611 (send bills here) 605 West Main Street, 102 application) Aspen, CO. 81611 7~231'. '~' I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,300 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325 deposit for 1 $ 325 1 - deposit for hours of hours of Legal Department staff time. Additional time above Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: 74Ak Jessica Garrow, AICP Community Development Director Name: Michael Brown City Use: Title: Authorized Representative Fees Due: $ Received $ Lift One Lodge Aspen LLC March, 2016 City of ADen I 130 S. Galena St. I (970) 920 5050 . ~ RETAIN FOR PERMANB,T RECORD ~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and O06 1 · 2017 · ASLIA ¥ 9 Property Michael Brown Phone No.: 970.544.4189 Owner ("1"): Authorized Representative Email: michael. brown@haymax.com ~ O 2,0 Lift One Lodge Aspen LLC O 77 0 Address of Lift One Lodge Billing Lift One Lodge Aspen LLC ~» N Property: 710 South Aspen Street Address: Attn: Michael Brown ill (A E -1 (Subject of Aspen, CO 81611 (send bills here) 605 West Main Street, 102 ~~ application) Aspen, CO. 81611 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees forthis development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . S. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this timeto know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts forthe specified hours of stafftime. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,300 4 deposit for hours of Community Developme'lkEEment stafftime. Additional time above the deposit amount will be billed at $325.00 per hour. 1 7 ~ $ 325 / deposit for 1 $ 325 1 deposit for hours of ~ hours of Legal Department staff time. Additional time above Engineering Department staff time. Additional time above ~~-deposit amount will be billed at $325.00 per hour. the deposit amount will be billed at $325.00 per hour. --- 0 City of Aspen: Property Owner: ~~ Jessica Garrow, AICP Community Development Director Name: Michael Brown City Use: Title: Authorized Representative Fees Due: $ Received $ 1,9 0 .do Lift One Lodge Aspen LLC March, 2016 City of Anen I 130 S. Galena St. 1(970) 920 5050 EIVED RETAIN FOR PERMANENT RECORD 0 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 25, 2017 Dear City ofAspen Land Use Review Applicant, We have received your land use application for a Lift One Lodge PD and South Aspen Townhomes PD. joint Insubstantial PD Amendment and reviewed it for completeness. U~ Your Land Use Application is complete: Please submit the following items to initiate the land use review: • One additional hard copy of complete application • Fee deposit of$1,950 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Thapk You, IIil. ar£§11¥ihick, Planner City of Aspbri; Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Ac- Yes No=Z_ Subdivision, or PD (creating more than 1 additional lot)-vk- GMQS Allotments/ Residential - Affordable Housing - Yes No 4 Commercial - E.P.F. - Lodging CITY OF ASPEN JUL 2 6 2017 RECEIVED