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coa.lu.sp.675 E Durant Ave.A45-93
Little Nell Insub. Amend. to SPI Plan & GMQS Exempption A45-93 2737-182-50-101 -7/4yjl- �) ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street / Aspen, Colorado 81611 2�_ / 2. sO l Z 7 (303) 920-5090 ys3 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit — -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Health S • D O PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL C 7y Name: �" `� �`� Phone: S C 1�l 41C��t S� VnAo 's -I _su l > Address: Project: Check #: Z l y 7 C Date: -.----- No of Copies: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 08 30 93 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-182-50-101 A45-93 STAFF MEMBER: LL PROJECT NAME: Little Nell (Shlomo's) Insubstantial Amendment to SPA Plan & GMQS Exemption Project Address: 675 E. Durant St. Legal Address: Block 1, Little Nell SPA APPLICANT: Little Nell Hotel. Eric Calderon Applicant Address: 675 E. Durant REPRESENTATIVE: Bob Schiller, Cottle Graybeal & Yaw Representative Address/Phone: 510 E. Hyman Aspen, CO 81611 925-2867 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 207.00 # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ 55.00 TOTAL $ 262.00 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL:`;IV City Atty City Engineer Zoning tEnv. Health: Housing Open Space Other: FILE STATUS AND LOCATION: Ll MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planner RE: Shlomo's Restaurant Expansion - Insubstantial Plat Amendment and GMQS Exemption DATE: September 24, 1993 SUMMARY: The applicant seeks to amend the Little Nell Final SPA Plan to enlarge the existing restaurant by 220 square feet. ZONING: Commercial Core (CC) with SPA Overlay APPLICANT: Aspen Ski Company, as represented by Bob Schiller REFERRAL COMMENTS: Please see attached referral comments. STAFF COMMENTS: The applicant proposes to enclose approximately 220 sq. ft. of outdoor area beneath an existing deck off of Shlomo's Restaurant. The enclosure will enlarge the restaurant. This proposal represents an insubstantial amendment to the SPA plan and a GMQS Exemption by the Planning Director to add less than 250 sq. ft. of net leasable commercial space. A. Insubstantial Amendment - Pursuant to Section 24-7-804 E. an insubstantial amendment of an approved SPA plan may be authorized by the Planning Director provided that the amendment does not: a. change the use or character of the development; RESPONSE: The character of the Little Nell SPA is tourist/guest, with a ski orientation. Commercial/retail space is included in the SPA plan. The character and use of the enclosed space will remain restaurant oriented. b. increase by greater than 3% the overall coverage of structures on the land; RESPONSE: The patio enclosure is below an existing deck and therefore does not increase the site coverage. C. substantially increase trip generation rates of the proposed development, or the demand for public facilities; RESPONSE: The space to be enclosed has functioned as a prep/serving area for outside restaurant service. Enclosing this area will not increase trip generation rate or place a greater demand on public facilities. 0 9 d. reduce by greater than 3% the approved open space; RESPONSE: This space does not meet the definition of open space. e. reduce by greater than 1% the off-street parking and loading space; RESPONSE: This enclosure does not decrease off-street parking or loading space. f. reduce in required pavement widths or rights -of -way for streets and easements; RESPONSE: The proposal will not affect pavement widths or rights - of -way for streets and easements. g. increase greater than 2% the approved gross leasable floor area of commercial buildings; RESPONSE: The enclosure of the outdoor area represents an increase in net leasable and floor area. The 220 sq. ft. equals 1.3% of the approved gross leasable floor area (16,355 sq. ft.) according to the information submitted by the applicant and staff's records. Research of the Little Nell SPA final plan has confirmed that the allowable floor area for the Little Nell Hotel, for development in the Commercial Core zone district, is 86,248 sq. ft. The total floor area that was built is 84,522 sq. ft. Thus 1,726 sq. ft. of floor area was left over for future development. The approval of the ATM machine for the Hunter Street courtyard used 44 sq. ft. of floor area, the Little Nell bar enclosure used 507 sq. ft. which left 1,175 sq. ft. of floor area for future development. Plans submitted by the applicant indicate that original floor area calculations for the hotel did not include the area beneath the second floor balcony. Therefore, this proposal for 220 sq. ft. reduces the available floor area to 995 sq. ft. for addition/expansion purposes. i. create a change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements; RESPONSE: The approved use of this space is not changing it only increases the interior of the restaurant. Although the Little Nell Hotel was developed through the GMP process, and impacts of growth were mitigated at the time, employee mitigation is required for the expansion. 2 0 9 B. GMQS Exemption - Pursuant to Section 24-8-104 (A), the Planning Director may exempt an expansion of commerical or office uses provided the expansion is not more than 250 net leasable sq. ft. and it is demonstrated that the expansion will have minimal impact to the City. A determination of minimal impact shall require: 1. demonstration that a minimal number of additional employees will be generated by the expansion and that employee housing will be provided for the additional employees generated; RESPONSE: Because the enclosure is considered an increase in net leasable, employee housing mitigation is required. Pursuant to Section 24-8-104.F, the employee generation rate in the CC zone district is 3.25 - 5.25 employees/1,000 of net leasable and 60% of the employees generated shall be mitigated. Because Shlomo's is a restaurant it is expected to generate employees at the high end of this range (5.25). It is also assumed that the typical restaurant employee falls within the category 1 and 2 income range. The average between categories 1 and 2 cash -in -lieu was used to determine the cash -in -lieu payment: 220 sq. ft. net leasable = 1.15 employees generated 60% _ .693 employees to be mitigated $60,000/employee = $41,580 cash -in -lieu Submitted plans indicate that the interior stair is being eliminated and an exterior stair will provide access to the second floor. The second floor is being converted to primarily conference space for the hotel and will discontinue as restaurant space. Elimination of the stair will provide more seating space on both the first and second floors. The space that is being enclosed represents an area that for many years has functioned as net leasable restaurant space, a wait station and outdoor bar have occupied this space in the past. In addition, by relocating the bar space more seating is provided at the west side of the restaurant. 2. A minimal amount of additional parking spaces will be demanded by the expansion and that parking will be provided; RESPONSE: Based upon the underlying zoning, Commercial Core, the Little Nell was originally required to provide 77 off-street parking spaces. The SPA agreement approved a total of 118 spaces. Staff made a site visit in August of 1993 to inventory the number of useable parking spaces in the Little Nell garage. Staff found that of the 148 mapped spaces only 118 were considered legal spaces, 30 spaces were either blocked or cluttered with material or were never legal/functioning spaces. Some of those spaces were proposed to be enclosed for storage. Given the proposal to enclose 3 0 • some spaces for storage and the pending Shlomo application (.44 spaces required) staff, in August, required that one space be replaced when the storage space was created. Also to mitigate for both the new storage space and the Shlomo expansion, two more spaces were to be cleared for parking purposes. The total number of spaces provided in the garage shall be 118. Any future net leasable expansions or increased storage plans shall require additional parking spaces or cash -in -lieu payment for additional parking required. 3. That there will be minimal visual impact on the neighborhood from the expansion; and RESPONSE: The proposed expansion encloses an area that is underneath the second floor balcony. The visual change is insignificant to the facade of the building. The exterior stair is proposed at the east end of the second floor balcony and will not interfere with circulation on the outdoor patio. 4. That minimal demand will be placed on the city's public facilities from the expansion. RESPONSE: The expansion does not represent an increase in space that will impact public facilities. Employee and parking impacts due to the expanded service area are required to be mitigated. RECOMMENDATION: Staff recommends approval of the SPA plan amendment and GMQS Exemption to add 220 net leasable sq. ft. to Shlomo's restaurant with the following conditions: 1. The enclosure shall total no more than 220 sq. ft. 2. Prior to the issuance of any building permits, the applicant shall make a one time cash -in -lieu payment of $41,580 for employee mitigation payable to the Aspen/Pitkin County Housing Authority. In the alternative, the applicant may deed restrict a studio unit within the metro area. 3. The Aspen Ski Company has 180 days from final approval by the Planning Director to file an amended plat. The plat shall include the new exterior stair and the new enclosed space. 4. Prior to the issuance of any building permits staff shall inspect the parking garage to confirm that 118 spaces are provided for off-street parking. 5. All representations made in this application and during site visits shall be adhered to. 4 0 0 I hereby approve of the insubstantial amendment to the final development of the Little Nell SPA and the GMQS Exemption pursuant to Sections 2-7-8-04 and l,Q2,44-8n-104 A. f the Municipal Code 11-7 Di a Moore, City Plafinih4 Director 5 0 E MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Cindy Christensen, Housing Office Dave Tolen, Housing Office DATE: September 22, 1993 RE: SHLOMO'S RESTAURANT EXPANSION Section 8-106.F(3)b.(ii) of the City of Aspen Land Use Code requires mitigation for 60% of the employee generation according to the following standard: Commercial Core (CC) and 3.50 to 5.25 employees / 1,000 Commercial (C-1): sq. ft. (net leasable), based on review of the City Council's housing designee. The existing restaurant use would be expected to generate employees at the high end of this range, or 5.25 per 1,000 square feet. The proposed expansion of 220 net leasable square feet would therefore generate 5.25 / 1,000 X 220 = 1.155 employees. Assuming that such an expansion might accommodate, for instance, three additional dining tables and require just over one additional full time person to wait tables, bus tables, seat customers, etc., the 1.155 calculation seems reasonable. The required mitigation is 60% of the full-time equivalents (FTE's) generated, or .693. It is assumed that the typical restaurant employee will fall within the Category 1 and Category 2 income ranges established by the Housing Guidelines. It would, therefore, be appropriate for the development to provide mitigation at this level. This mitigation may be provided in the form of housing units deed restricted to the Category 1 or 2 levels, sufficient to provide housing for .693 employee, or in the form of a cash -in -lieu payment calculated as follows: Category 1 payment/employee $69,000 Category 2 payment/employee $51,000 Average $60,000 Payment = $60,000 X .693 FTE's = $41,580 The payment -in -lieu amounts are established in the Housing Guidelines, and are based on the public subsidy required to develop housing affordable to Category 1 and Category 2 employees. MEMORANDUM To: Planning Office From: Environmental Health Department Date: September 8, 1993 Re: Little Nell Insubstantial Amendment to SPA Plan and GMQS exemption The Aspen/Pitkin Environmental Health Department has reviewed the above -mentioned land use submittal under authority of the Pitkin County Code, Title II, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: Applicant is in Aspen Consolidated Sanitation District. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205: Applicant is in Aspen Water District. AIR QUALITY: Sections 2-17 and 5-106: This project is not expected to contribute significantly to air quality degradation. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2 Applicant will need to submit to this department a Plan Review for additions to and remodeling of the existing restaurant before a building permit can be issued. • 0 MEMORANDUM To: Leslie Lament, Senior Planner From: Chuck Roth, City Engineer t?.-K Date: September 14, 1993 Re: Little Nell Insubstantial Amendment to SPA Plan and GMQS Amendment Having reviewed the above referenced application, the Engineering Department has the following comments: 1. The proposed 200 square foot improvement has no engineering related impacts. 2. Upon completion of the work, but prior to final inspection, the applicant shall submit a revised plat to the Engineering Department for review and recordation. AT CBMENr 1 I LAND USE APPLICATION FURM • 1) Project Name i I II -I J i ��— 2) Project In- tion L' e- C,I l 1 1�v✓ti..� 2 , t.o+ ' ) [; locAa �.�P•A . (i_ndicatr street address, lot & block rnmber, legal desc-iTt-ion where apprcpri.•..:e) / /� 3) Present Zoning `� - � • A 4) Lot Size 5) Applicant's Name, Address & Phone # l� `1 t'L L P,16( to 4 e,( I 6 % S t' �vtot oNi �s�c�-► Cis G��otelm--e ,NJckK4(�e✓� 6) Representative's Name, Address & Phone ` 7) Zype b f Application (please check all that apply) : A-*%w -t vo* cr ( v A ,o-4v S OA Rk, Conditional Use Conceptual SPA danoeptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Creenline Cbnoept ual PUD Minor Historic Dev. Stream Margin Final POD Historic Demolition Mountain View Plane Subdivision Historic Designation Cbndan i n i t m, i zation i< Text/Map Amendment cis Allotment Lot Split/Lot Lirn CM:�S motion Adjustment 8) Description of Existing Uses (number and type of existing ng s es: approximate sq. ft.; number of bedrooms; any previous approvals granted to the property) r`t%T�/' ��j�OL• �L� ��/I Lie,rv:GAS r L�A•l CO+►1�n (✓C �i.l ,JGS� ijV/q'�I - ,.� �t•,y�vl �c,e_. l��t� �n �w� -�v�ria c 1Zo (,' Si 9) Description of Development Application fX 10) Have you attached the following? ✓ Response to Attaci=ent 2, Minimum m Submission Contents '.11 Resparzse to Attaciment 3, Specific Suter scion Contents -� Response to Attachmar---rt 4, Review Standards for Your Application 0 COTTLE GRAYBEAL Insubstantial Amendment to Approved SPA Plan YAW ARCHITECTS Little Nell Hotel, August 31, 1993 LTD Schlomo's Restaurant Remodel Submission Contents "Attachment 2" 1. A letter is attached identifying the applicant and authorizing Bob Schiller of Cottle Graybeal Yaw Architects, Ltd. to act as representative in this application. 2. The project is located in the Little Nell Hotel, 675 East Durant, Aspen, Lot 1, Block 1 of the Little Nell S.P.A. 3. A letter is attached disclosing the ownership of the property and demonstrating the owners right to apply for this approval. 4. A vicinity map is attached. 5. Description of the proposal and explanation of compliance; In order to enhance the operation of the existing restaurant and to eliminate the need for a temporary outside bar cart Owner proposes to remodel the restaurant. Work includes replacing the existing interior stair with an exterior stair, enclosing space beneath the existing upper level deck and creating a new indoor bar with windows for serving patrons outdoors. The proposed alterations are in compliance with the Review Standards for Insubstantial Amendment as follows: a. The remodel does not constitute a change in use or character of the development. b. The remodel does not increase overall coverage of structures on the land since it occurs in, on and below existing structure. C. The remodel does not substantially alter trip generation or demand for public facilities since it occurs within the already approved space and excess square footage. JOHNCOT TLE.AIA d. The remodel does not reduce the approved open space. DOUG GRAYBEAL. AIA LARRY YAW, AIA MARK HENTHORN. AIA e. The remodel does not reduce the existing off-street parking and loading space. 510 EAST Hl MAN �L I T E _'i ASPEN C0I.(_)RA1V 81611 PHUNF 303-V25-1867 FAX 3o3 e_i 3-36 Submission Contents "Attachment 2" (cont'd.) The remodel does not reduce required pavement widths, right-of- way or easements. g. The remodel constitutes an increase of less than 2% in the approved gross leasable floor area (220 _ 16,355 = 1.3%). h. The remodel does not change the approved residential density of the project. The proposed remodel is consistent with the representations and conditions of the project's original approval and does not constitute a variation from approved use or dimensional requirements. "Attachment 3" Written Description: Owner proposes to remodel the existing restaurant including enclosing the area beneath an existing deck. The increase in enclosed floor area falls within the 1,175 square foot left over for future development. The increase in net leasable area is 220 square feet which equals 1.3% of the approved net leasable area (16,355 square feet). Because the newly enclosed space occurs on an existing deck built over other spaces and is roofed by an existing upper level deck it does not change the lot coverage or open space of the site. The exterior of the remodeled space is designed to match the existing building in materials, detailing and type of construction. The remodel does not result in a change of use or occupancy for the project. The remodel does not reduce available parking spaces or cause the parking requirement for the Hotel to exceed the available off street (underground) parking. 2. Site plan drawings/elevations: A plan and elevation are attached showing the proposed alterations. 3. A copy of the memorandum prepared by Planning for the most recent prior approval on this project is attached to explain the state of prior approvals. 4. A copy of the current plat map is attached, with the proposed alteration marked in red. - "`.Y;s--gam: -.t • P+�O �..-'z- a�a�i:'5.�•.r�l+c � . ;�,t•riL`cam_�i�lt+�- _ 0 I ASPEN MOUNTAIN - tilt to AshcrGft LI( LF.NE G.lwE., E.h.w ❑ h IT ✓ EII' J - w .a„�•+'" 1L., ��a� u ,ohopu � ❑ � 14 ❑-7 El M 4,,� + EIEHOEHCE MS$ eu ✓uSiC SI:Mp J3 S _❑a❑ ❑ •S/Eh Glacfh 7g❑g w E a❑ ❑ ^i❑V❑' GE TEA z n.n� r❑ ❑ �O r S E u A s ❑ co —co— L,yyRr ❑ ❑ nSi arwv.r El hOUSE APEfWO GE IEErE E]u ;❑" y ❑H❑N❑ El ❑ � dy 4 s-,ER SHUrnE ll rew ❑�I�❑Iw❑L� ��r❑�❑ . o,o aP.hoE /. ❑L EJ El 11 El❑ ❑? 0r(`r A HOis sr i WVEwwr•SMUTE ❑ ❑ ❑ ❑Yi L ros. oencE o •S/Eh +Jv / r•Q iGGIlP S • Tw S S [hv mph✓[h[r•I STUO�ES F 1 h.vE rOwr� Si S w•SlU✓ uwf �,RZ wPE wHY9C5 �MSTrrUTE pa F ` J pit �I -ERr wK,hO c ✓US,C rEhr .. Kw �hSnrU rf TLC / [/C.I .uO�rOP�u✓ �w 0.•Sw ConM�. ✓ .w. .lOe. WK Ewl..• SEE ti•Y .Y 'R=Iw� �P s v� �p I MAP COURTESY CF ASPEN ACTIVITIES o Aw.P Acaww. c.wEw I99s RED MOUNTAIN CENTER 3031925.6025 V IG I tTY M A P- L,1VrL F, LV ko 1 EA, R�Eyou:�,+an E�iansaw h p V ww1o� wood HECJE SCHOOL OE _� aaE cowsE _ Tp rHE.uw/owr , \ .0 TO TIEMCKSUTIEXWA , sAlo-'ss vE(AaE ®� r MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planner RE: Little Nell Insubstantial Plat Amendment for Expansion of Bar Area DATE: September 30, 1992 SUMMARY: The applicant seeks to amend the Little Nell Final SPA Plan to enlarge the existing bar area by 507 square feet and convert parking spaces into storage. ZONING: Commercial Core (CC) with SPA Overlay REFERRAL COMMENTS: Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. The application did not contain sufficient detail regarding the enclosure, i.e. providing permanent heaters, lights and outlets. In reviewing this application staff has considered the enclosure as an increase to net leasable space. With an increase in net leasable space, parking spaces and the trash area must be reviewed. From a parking space count in April of 1988, staff determined there were 144 spaces (note that there were two questionable spaces with respect to size and design). The SPA precise plan calls for 118 spaces, therefore parking spaces are not an issue. The trash area appears to be sufficient to handle the existing use and any increase that might be derived from the new space. Should there become a problem in the future the applicant will be required to increase its removal times. 2. Upon completion of the work, but prior to a final inspection, the applicant must submit a revised plat to the engineering department for review and recordation. STAFF COMMENTS: The applicant proposes to enclose approximately 507 square feet of outdoor seating area of the Little Nell Hotel. The enclosure will enlarge the seating area for the bar in the Hotel. The applicant also seeks to convert some parking spaces in the underground parking garage for desperately needed storage. • THE LITTLE HELL • August 27, 1993 Aspen/Pitkin Regional Planning. -Department Aspen, CO This will verify that: Cottle, Graybeal, Yaw, Architects 210 Est Galena Street Aspen, Colorado, 81611 3031925-2867 is the representative authorized to act on behalf of The,.Tjittle Nell, which includes Shlomo's restaurant. Eric Calderon General Manager 675 EAST DURANT STREET • ASPEN, COLORADO 81611 • 303-920-4600 • FAX 303-920-4670 , • YSAACSON, RosEl'jvBA 'WOODS & LEVY, P.C. , AT F.N'EY3 & COUNSELORS AT LAW svtTit:zoo 633 . 17n STAEBT STAVTON U. 1055\9AL.'M JONATHAN J3, SrMER IIMSY 1. ZALLAPS Du.'vM COLOILAvo S020Z CAP A. WOLU SAAAL L. UVY RiCHARD L. NATHAN R. 0. IAHnjp KROVIT! LILA J. MUTSCK11 JAMS L HAMTTON TUtP11C%L r.lv V 0. WRICHT HAM 0, 6111 MIN (303) 392.1656 LDWARD T. RAwn GARZ A. XUIMAN LCLl6 C. LSAACSON C7 CC6)16 L WILLIAM M. SU.RERATEN JULI Y. LAJgN LAWRSNCR 1. DONOVAN, jL PRRnRl CK R. SELUM CHARLES 109INUUM 1301.19711 TsUW" SANDY OAIL NYii0i1( JOHN V0011W SAMUK M. O=1110 •190-1 0 (30]i 1.92.315; LAWRRNCL R. IJUMA CHIIATOPIZR 1. AINCH J01UH J� 1TOLLAA (19Kt.M) August 27, 1993 Aspen/Pitkin Regional Planning Department Aspen, Colorado Re: Shlomos Remodel Permit Application Ladies & Gentlemen: As attorneys on behalf of Aspen Skiing Company, we are writing thia letter to confirm certain information pertaining to the ownership and statue of title of the property known as Shlomos Restaurant/Deli, for purposes of having you issue a permit for certain remodeling at Shlomos. Shlomos is part of the Little Nell hotel and Retail Complex in Aspen, Colorado (the "Little Nell"), having a legal desoription of Lots 1 and 28 LITTLE NELL SUBDIVISION, according to the Plat thereof filed January 30, 1987, in Plat Book 19 at page 35 of the records of the Clerk and Recorder for Pitkin County, Colorado, which legal description is listed as Little Nell Hotel Parcel A on the attached excerpts from the Title Policy dated April 28, 1993 (see enclosed page 103)(the "Title Policy"). Aspen Skiing Company is the sole owner of the Little Nell. The only lenders having a lien against the real property are The Prudential Insurance Company of America and First Plaza Group Truest, as reflected in item 7 of the enclosed page 105 of the Title Policy. To the beat of our knowledge, the only recorded easements and other encumbrances affecting the Little Nell are the items sets forth as items 153 through 170 of the Title Policy appearing the enclosed pages 149 through 151. To the best of our knowledge, neither the loans nor the anoumbrances prohibit the improvements intended to be made in accordance with the Permit. i_HF':-Z4_I' k:._'7'tl In'i_l i Ltl'I :x. - ISAACSON, ROMNBA" Woms & LEVY, P.C. Aspen/Pitkin Regional Planning Cepartwent August 27, 1993 Page 1 if you have any further question*, please t®el tree to contact the undersigned at (303) 291-5656. very truly yours, f Lawrence J. Donovan, Jr. LJD Enclosures cc: Ms. Jane Stapleton (w/encs,) American land Title Association owner's Policy 114.8-90) ISSUED BY: TICOR T171E INSURANCE 06 3048 60 L policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVI- SIONS OF THE CONDITIONS AND STIPULA- TIONS, TICOR TITLE INSURANCE COM- PANY, a Cefornia corporation, herein called the Company, Insures, as of Date of Policy shown In Schedule A, against Ions or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the Insured by reason of: 1, Title to the SSW9 or Interest described in Schedule A beir.p vested other than S8 stated therein; ASPEN T17LE CORPORATION 600 E. Hopkins Avenue, # 102 Aspen, CC 81611 (303) 920-4050 8y Attest Autrorized S;grrarory 2. Any defect in or lie11 or encumbrance cn the title; 3. Unmarketability of the title. 4. Lack of a right of access to anC from the land. The Company wri!I also pay the costs., attorneys' 16e8 and expenses incurred in defense of the t;t!e, as Insured, but only to the extent provided In the Connition; and Stipulations, This poiicy shall not be ralid or binding until countersigned below by an authorized signa- tory of the Company. TICCP TITLE INSURANCE COMPANIY 000, 414;�0�9_ President 1JDOM�1�!'�J�1��9�14�.''�i1��J�000MOV000` 011) s, -re nwNEWS POLICY (4-e•90) HUG E* • 6o I Icy No. 06 3 048 60 Order Nc. 40241C-0 ISOKEM LE A (continued) IiJI E NELL Hom PARCELS LITTLE NELL HOTEL 9 Lots 1 and 2, LITTLE NELL SLEDiVISION, according to the Plat thereof filed January 30, 1987, In Plat Book 19 at Page 35 of the reccrds in the office of the Clerk and Recorder for Pitkin County, Colorado, TOGETHER W 17H the right of the improvements located on said Lots 1 and 2, Little Nell Subd Iv I s l on, to encroach Into the Spring Street right-of-way, as granted by that certain Encroachment Agreement between the City of Aspen, P1tkin County, Colorado and Aspen Skiing Conpany recorded November 14, 1989, in Book 607 at Page 441, AND TOGETHER WITH an easement and right of way for access . o and mat n+enance of the foundation wal Is, exterior walls, facade, roof and eaves and related appurtenances of the Little Neil Hotel onto portions of Lot 21, „te Addition tc The City and Townsite of Aspen, as granted by Park Trust, Ltd., a Colorado non -prof It corporation, to Aspen Ski Ing Company, a Colorado general partnership, recorded November 15, 1989, in Book 607 at Page 557. L I ME I Easement and right of way as established and defined in. That certain Easement Agreement recorded March 26, 1979, in Book 365 at Page 352, said easement being over, upon and across a tract of land more particularly described as fo! i ows: The Easterly aster! one-half (E1/2) of vacated Hunter Street, Westerly of and adjacent to 81 ock 102, City and Townsite of As n, between the Southerly i Ine of Durant Avenue and the Northerly I In* of lot 22, Uts Subdivision, said tract being 'rho Easterly one-half (E1/2) of all that portion of said Hun+sr Street vacated by City of Aspen Ordinance No. B-53, Series of 1947, recorded March 17, 1959, In Book 187 at page 101. I T-TL E NgLL UM PARC9L Ci Easement and r 1 ght of way as estabI I shed and dot i nod I n that coma i n Easement and Right of Way Agreement recorded March 21, 1974, in Bock 265 at Page 274, as amended by instruments recorded November 15, 1989► in Bock 6C7 at Pages 553 and 557, said easement being over, upon and across Lot 21, Ute Addition to the City and Townslte of Aspen. 0 103 �"r-' -' rl�h _ `j 1 = -, _ _ �hr_ �l.l • :[ I,j=: 17rL,1 L LI C.r. - - • olicy No. 06 3048 60 1 �rder No. 402410-0 SCH>rnlx.E 8 Exceptions from Coverage Th i s pot I cy does riot i nsure age i nst I oss or damage ( and the Pony w i I I not pay costs, attorneysi fees or expenses) which arise by reason 1. Any facts, rights, Interests or claims which are not shoo by the public records, but which coui d be ascertained by . an 1 nspecti on of said land or by making inquiry of persons In pOssessi 0n thereof. 2. Easerrents or cfairrs of oasenents, not shown by the public records. 3. Discrepancies, sendnY other acts c fwhichcorrect survey ira shortages wouldi disclose encroechr�e and which are not shown by the public records. 4. Any lion, or right to a lien for serylcas, labor or meterlal heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lion imposed for water or sewer service, or for any other special taxing district. 6. The effect of any failure to com'piy with the terms avid provisions of the Leases described In Schedule A hereof. 7. peed of Trust, Security Agreement and Fixture Filing tram Aspen Skiing Company, a Colorado general partnership, Snowmass Skiing Corporation, a Buttermilk Mountain Skiing Corporation, a Colorado Colorado corporation, ation, a Colorado corporation, Unit 14 corporation, Aspen Skiing Corpor Associates, a Colorado general partnership, and Snowmass Club Associates, a Colorado general partnership, to the Public Trcu�steeOflcarsey Pltk1n aunty for the use of The Prudential insurance Ccampany corporat00 lon, and First Plaza Group Trust, to secure $80,000A00., dated April 28, 1993, and recorded April 28, 1993, in Boric 710 at Page 167., 8. Assignment Of Leases and Rents recorded April 28, 1993, in Book 710 at page 404, and given In connection with the above Deed of Trust. bJGct 9. Security interest under the Uniform Commercial Financing t i ngran uAspen property, notice of which Is given l g Snowmass Ski Ing Ski i ng Company, a Colorado general partne, sh i P, Corporation, a Colorado corporation, Buttermilk Mountain Ski ins Corporation, a Colorado corporation, Aspen Skiing Corporation, a Colorado corporation, Snowmass Club Associates, a Colorado general ��*�sghto, and The Unit 14 Associates, a Colorado general partnership, Prudential Insurance Company I fAmerica and 81n Books 710Iaza at Pageu932, Land secured parties, recorded Apri 28 No. 356340. flied April 28, 1993, under Filing 105 i�U6 cf ?3 16:4 13 C�Lf, F'J`;Ef;SHLi'I UtM+'Er • L SGiEDULE B (0ontinued) • Pol icy No. 06 3048 60 1 Order No. 402410-0 153. Reservation, exception and Iimitatlon as contained in United States Patent from the United States for the City and Townsite of Aspen under the provisions of the Act of Congress, approved on the Seccnd bay of March, A.D. 18671, entitled "an P.ct for the rel let of the Inhabitants of Cities and Towns, uporl the public lands," recorded March 1, 1897, in Bock 139 at Page 216, and provld,ing substantially as follows; "Provieed, that no title shall be hereby acquired to any mine of gold, silver, c'nnabar, or copper, or to any 4alld mining claim or possession held under existing laws; and prod i ded further that the grant hereby made Is held and declared to be subject to all -rho conditions, limitations, and restrictions contained In Section 2386 of the revised statutes of the United States, so for as the same are applicable thereto." (Affects Llttie Nell Hotel Parcels B and C) 154, Right of the Proprietor of a Veln 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. (Affects Little Nell Hotel Parcel A) NOTE: The foregoing exception affects those portions of subject property lying within Lot 2 of Section 18, Township 10 South, Range 84 West of the 6th P.M., somatimes commonly known and referred To as "the Ganon Entry" or as "the Michael Gannon Entry No. 48". 155. Easement and right of way to construct, mal,rtair. and remove sewers, d 1 tches, open canals, water pipes and appurtenances, and to authorize the construction, maintenance and removal of the same, as reservea by the City of Aspen, Colorado In Ordinance No. 8-53, Series of 1947, of said City recorded March 17, 1956, In Book 187 at Page 101, insofar as the some may affect Lot 2 of Little Nei I SubdIv Islcn. (Affects Little Nei 1 Hotel Parcel A) 136. Easement and right of way to construct, maintain and repair a water plpel ine, as granted by Spar Consol (dated Mines Company, a Colorado corporation, and Aspen Skiing Corporation, a Colorado corporation, to the City of Asper by instrument recorded November 10, 1960, In Book 192 at Page 296. (Affects Little Nell Hotel Parcels B and 0) 157. Easement and right of way for the use, operation, construction and maintenance of public utilities to be placed underground and overhead, Including, put not excl uslvei y, power and telephone lines, water i i nes, gas mains, sewer mains and other uti 1 itles easements of a like nature, but excluding roads and surface easements, as reserved by the City of Aspen, Colorado i n Ordinance No. 12, Series of 1961, of said City recorded February 16, 1962, it Book 196 at Page 521, Insofar as The same may affect Lot 2 of Little Neil Subdivision. (Affects Little Nell hotel Parcel A) a149 .01 A A r i 7j t-)•" .: .�Ytir��nV; ^ lnnl_. , ,. crYv�r,° � _4. -. • • Pol icy No. 06 3048 60 1 Order No. 402410-0 SCHMXE B (contlnued3 7 PA17M 4� [ r-nh+t.,it 158. Terms, agreements, prov i s I ons and ob I i gati ons as contal red i n Agreement between James C. Blanning, Jr. and Aspen Skiing. Corporation, recorded June 23, 1967, In Book 227 at Page 465. (Affects Little Nell Hotel ParCe I B ) 159. Restrictions, which do contain a forfeiture or reverter clause, as contained in Easement and Right -of -Way Agreement between Park Trust, Ltd., a Colorado non-profit corporation, and Aspen Skiing Corporation, a Colorado corporation, recorded March 21, 1974, In Book 285 at Page 274, as amended by instrur:ents recorded November 15, 1989, in Book 607 at Pages 553 and 557. (Affects Little Nell hotel Parcel C) 160. Terms, condiTlons and oblige;Ions as contained in Easement Agreement between the City of Aspen and the Aspen Ski In; Corporation, recorded March 26, 1979, In Book 365 at Page 352. (Affects Little Nei I Hotel Parcel B) 161. SPA Agreement between the City of Aspen, Colorado, a municipal corporation and home -rule city, and Aspen Skiing Company, a Colorado general partnership, recorded September 5, 1986, in Book 518 at Page 464, as amended by the Instrument recorded January 30, 1987, in Book 328 at Page 843. (Affects Little Nell Hotel Parcel A) 162. Agreement between the City of Aspen, a municipal corporation, and Aspen Skiing Company, a Colorado corporation, recorded September 5, 1986, In Book 518 at Page 515. (Affects Little Nell Hotel Parcel A) 163. Agreement between The Aspen Skiing Company, a Colorado general partnership, and the City of Aspen, a Colorado municipal corporat!on, recorded September 5, 1986, in Book 518 at Page 517, and the easements granted pursuant thereto and recorded September 5, 1986, in Book 518 at Pages 320 'end 322. (Affects Little Nell Hotel Parcel A) 164. Letter from the Aspen/Pitkin Planning Office dated March 18 , 1986, directed to Mr. Fred Smith of the Aspen Skiing Company, and recorded September 5, 1986, in Book 518 at Page %3. (Affects Little Nell Hotel Parcel A) 165. "Use, Ar9a and Bulk Criteria" and other I !mitaticns, as set forth on the "SPA Precise Plan for the Little Nei I But, Development" f i I ed September 5, 1986, In Plat Book 18 at Page 99. (Affects Little Nell Notes Parcels A, 8, C and 0) 166. Easements as shown on the Plat of Little Nell Subdivision filed July 30, 1987, In Plat Book 19 at Page 35, Insofar as the same may affect Lot 2 of Little Nell Subdivision. (Affects Little Neil Hotel Parcel A) 150 -(-Ub �i ' iJ 1'7 ti-1 1.�HI-f',..Lvfv K.,'�i_( i�r+Li 1 litl`;'; Lr? - • _ • • Po! Icy No. 06 3048 60 1 Order No. 402410-0 SCHEDULE 8 (continued) L I TILE 167. Declaration of Ccvanants, Easements and Restrictions by Aspen Skiing Company, a Colorado general partnership, recorded Decarrber 9, 1968, In Book 580 at Page 496. (Affects Little Nell Hotel Parcel A) 168, Obl Igations, burdens and I imitaticns set forth in that certaln Encroachment Agreement between the City of Aspen and The Aspen Skiing Company recorded November 14, 1989, In Book 607 at Page 441. (Affects Little Nall hotel Parcel A) 169. Obi igations, burdens and I imitations set forth In the Easement and Right -of -Way Agreement between Park Trust, Ltd., a Colorado non -prof It corporation, and Aspen Ski Ing Corporation, a Colorado corporation, recorded March 21, 1974,' 'n Book 285 at Page 274, as amended by Instruments recorded November 15, 1989, in Book 607 at Pages 553 and 537. (Affects Little 'deli Hotel Parcel A) 170. The effect of the "reel estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979) and by Ordinance No. 13 (Serlas of 1990) of the City of Aspen, Colorado, and any I ions 1 mposed thereby, al I as a result of assignments of partnership interests in Aspen Skiing Company, a Colorado corporation, and related entities on April 28, 1993. 151 10 CITY OF ASPEN • PRE -APPLICATION CONFERENCE SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE: TIC )b:l. REPRESENTATIVE'S PHONE: OWNER'S NAME: � �_ ' �� s SUMMARY 1. Type of Application: 2. Describe action/type of development being, requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Accent Comments j A 4. Revie�is r (P&Z Only) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) NO), 6. Number of copies of the application to be submitted: v 7. What fee was applicant requested to submit:+�� 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: frm.pre_aPP 90-- sr - 74 / ( ,. W f a RESIDENCE li q ASPEN ALPS \- 7�� o w - TIPPLE _ - 0. -St9rjwfto _— CONDOS \\ ` o�(b �Detention Basin v C \ \ 4_0 N75009'1 1'W / \\ 29.34N38 35' 'W \ ' '--'A175° p9'11'W SPA Bo Mary ' a - - I 16 7711 Gondola r o TerminalCOD 1 w = 1 3 w o TIPPLER FH \ p o • ° ASPEN CLUB 3 LODGE N /_� / 1 �►7API P �x_ L- cAt- — -- �� Il` S750 p9'11'EN<Sr \ /60.24 t f ( I I v o-id-14' 50.49' ` � � • _ _ - I I o 0 10.00' to Ll °v oo S75e 09'11'E 4.92' I 1- z r--------------� I -- AF7)71MATE Lc 713 �507tQ.FT GKEE u5E S75° 0 'E -- �F Z 7 �0 U) _ — — — EXISTING TffE P\TMX. 13 _C It \ �. i- N II I Z In 11 � r� 1[ PROR�EI7 44 5Q. FT PLANNING OFFICE APPROVAL TH15 PLAT AME�-4PMENT WAS APPfzaVED 6Y THE CIJY OF ASPEN P��ANNING OFFICE TNI5_j_�_t___pAYOr DI%ECjO(r OP 1�LANNING CITY ENGINEER'S APPROVAL THIS N5U55TANTIAL FLAT AMEN DMI=NT W/�5 f1PPI?ov>^D P3Y THE CITY ENGINEEJ� OF THE CITY OF ASPEN THIS_isl_ pAY OF ut�1f_____. 19�3 CITY ENGINEEK SURVEYOR'S CERTIFICATE r, I, cJAMFS F KE5EK, HF_REBY CEKTIFY THAT • TH15 PLAT OF THE FI95T AMENDMENT TO THE • .South LITTLE NELL �5E DEVEI-OPMENT SPECIALLYCO. PLANNED AZEA PRECI5E PLAN WA5 303-744-7 f'KEPAKED UNPEK MY SU ALPINE SUKVEYSINC. -- -� - � � KESER DAT> -_ _Zg-L 5� 184 RECORDING CERT T4-II`3 PLAT OF THE FIRST AMENDMEN I TO�HE LITTLE NELL F5ASE DEvF-LOf MENT �PECIALLY REVISIONS PLANNED AREA PREGSE PLAN WA5 ACCEI 7E0 R)K FILM IN MY OFFICE AT--------O'CLG�K___M., - - Dean Avenue THIS ------- DAY OF-- -- __-- y 1993 AND REL'OI�DED Underground Electric/Telephon.6 —► IN PLAT f3o0K AT PAGE. 12" Water Tie into 12'line PITKIN -GO-UNTY U EiKK KEcORRer� --- URT by others at Galena - -- - I Little e Hote - =ZN L AL)TOMATIc TELLEK (zero level footprint) y D_ �� M CI IINE NORTH OF NELL wIn Cy0 © Z I + I EXISTING TREE (P I'i'r,0X) Q /> N 1 � � �� ��'�%'�i --------------------� C) C � �<� IZ9 DEVISED130UNDAfZY16' Setback � ISkier Drop -Off :!,� 1 � O IO �I/�°5ol��j' >1/ 100.00 Z < v5 D _ S750 09'11' _ — P _ 20.00 j O N75 0°'l la~ 00Mrr 15" SS — Durant Avenue -----------------------_-��_------------------------------------Existing 16" Water Tie into Existing Line at Galena vn,tect 701 Th..^ Ae:pen Lk. uni r'u•Va r.y at. "�wcei" !•f j . the land desct iced r�. a thr ?FA egal dr P+...r tnt r III rehy r:ubmits th[hewn By Lit lle Nel] l.het ked By { a. y Ptar ��.•° A Precise Plan ir. NOTES .., ith A t . •, I , the Mu.,:r �tPai Code of the <�:iy -T1--115 AMENDED MAP WA5 TH- PKEPAKED FOR THE 50L1= PURM5E OF REFLECT-ING CHANGES 0 15• 30, 45' 75' INTHE 1`9017EKW DOLNOW AND OF SHOWING THE FKOfMED ✓ ^- - LOCATION5 OF THE AUTOMATIC `N"`NY1F1uYMFhT ;r.tte ti ueU tt> �----QED_-------- TELLER MACHINE AND THE 4/9/86 Final SPA GKEENHOU5E. IN ALL OTHER --- 5/27/o, I5TAMENDMENr F\F5PECT5 THE ORIGINAL MAP rZE.MA/IN5 IN FULL F"OKCf_ AND//r. a kt„� ..l ed t,efrf._re this FFEC•T. - dd at _aL l- A9Rb . ;, 1G y lit i,:, r r �k , nq , �mf.ar Y. FIRST THE LITTLE HELL 5U601V1510N EXCEPTION FLAT TI SA6�C�.?KDED IN PIJ\T 30DIC t" ,.: t 1 ,; r.d <.f ,� 5-5 My r", if., n Prf., s=. i` /Y _ _ AMENDMENT. Pt Pi-r f Nolaty P;f,r KECOK7ED IN 5WK 51b AT ��� �``'�`"a"✓ TO THE LITTLE NELL IAGE 4(a4. Addre::•: a-, /lam^' uiw BASE DEVELOPMENT CLERk ANT, RF:cORDER'S CL:R1IPICATE STA."h OF .LURAr.r,-----------_,--�_ SPECIALLY PLANNED rOf!t1TY OF rtTk:f AREA PRECISE PLAN 1 terehy certify that tt,!s ir-ttun.erit was filed to my uff ice at _ --day of V ®d �,,�fj A.., 1'f R6. and-rs duly recorded in Flat % Book ��-h (g r 1-> an PeeePtion f7°. PKEPAKED 15-(, and the SPA Agreement is iecnrded in Book uat ALPINE SURVEYS, ING. �. ffD5T OFFIGE BOX 1730 Page _ A51'EN; CO 81&12 ` -� --- ---- Sheet 1 o f 1 A�. Plig County Clerk and Recorder R1 R_ 9 9_ AJOB NO. 86-146-2 .� • • • • i Vk,10ITr rJAF ME 'i"'i" 2 " i T41N SANDWICH PfN, hG.2 J r� ..la _.... _... ... ....... _ _ ..._ __ . -- m- 1� �r «L o z 1 F LriKlb'( DIZ�(ER Q _ A'Row�� PATc+4 I I:i RELOCATi; 1 . -'1 L110 O E F> PARTITIOn46 I.. PA7GP ^� � NEEDED hrh-r101�''1 �o� r �Ir%XIh7 N• G�a� (o lore _11 io OA.. RELocoTr a i PATG N WALL, 4 TRZII`KI Ah iL � i I: PGN1�6� /��'' 1\IoTG- VERIFY LothTlorJ \N/ 4 DII.15, OF F X,14r � 17t=�C.�C $ GOiJL. 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T�GPLeT,TI�riS �uG ac - RELIGArE rI1EKM15TA7 GUr REM°vE FL-F` F QGII EI' FIR NEw REM°VE CelWQC- DUGrS AND �Reti�rERs A5 NEEDED F°R NEW G)rI LIIJG (T(P, G) RCMI VE 041 L.I N4 Ace - rc .. NEEDED rI G°N6rRuGr REM°VE Ek7/Ka sTaIR AND �- NRW G�ILI�fG. P.AILINGS ,�w16L1'- KEM°VE FINI;i wGLUDIuu PlxruRt:� FR4MIN4-, EQUIFMEut '4Nv ARIuUD FI�IIt orENlll�, A5 uTIUTlCS NOEC�P�R New GINSrRUGn°N -" i N°rE ; VERIFY L°GATI°u 7 FL°O� sIN/K5 (2 517-0 ZIP -'9rK4G'ryFAl- YIEM9EK5 ARouND °PEIJIUGS N°T 4lJI) GOLD WhTCN aFrt;K ��°VACS �� SurPLIES , ��--TCEM°VE 5TlrP ENTIRE Sou7�1 WALL j I FR°M r. °. 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Iln 1111TI �illlllllllllllllllllllllllllll COTTLE GRAYBEAL YAW ARCHITECTS LTD 510 EAST HYMAN, SUITE 21 ASPEN, COLORADO 81611 PHONE 303/925-2867 FAX 303/925-3736 ISSUE: REVISIONS: i • • A2.2 i��- l 1 11 1 1 1 I.RAVRFAL YAW ARCHITECTS, LTD. PARTIAL NW ELEVATION SCALE 1/4 —1 0 lFrT r T''I JL �.��' _— y C-_ r i r e yK E LL r Ll 11L 2 PARTIAL NORTH ELEVATION 6aN�4T'Er` ��. PARTIAL NE ELEVATION ' SCALE 1 /4"=1'0" :,H:rVETRY — NORTH -SOUTH SECTION SCALE 1/4"=1'0" PARTIAL SW & SE ELEVATION N3 SCALE 1/4"=1'0" COTTLE GRAYBEAL YAW ARCHITECTS LTD 510 EAST HYMAN, SUITE 21 ASPEN, COLORADO 81611 PHONE 303/925-2867 FAX 303/925-3736 �Wmwo■■■ Emmomm ■■■■m • A4.1 klT. 199] (0- F GRAYREAI YAW ARCHITECTS,