HomeMy WebLinkAboutagenda.council.regular.20180709
CITY COUNCIL AGENDA
July 09, 2018
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #86, Series of 2018 - Colorado Water Conservation Board grant and
contract award to Element Water Inc.
b) Resolution #100, Series of 2018 - As-Needed Dredging Services
c) Resolution #101, Series of 2018 Contract for Construction Rubey Subdivision 12"
Waterline
d) Resolution #104, Series of 2018 - Renaming the alley behind City Hall to
"Warren's Alley"
e) Minutes - June 25 and July 2, 2018
VII. Notice of Call-Up
VIII. First Reading of Ordinances
IX. Public Hearings
a) Resolution #102, Series 2018 - 315 E Dean St - St Regis - Temporary Use
X. Action Items
XI. Adjournment
Next Regular Meeting July 23, 2018
COUNCIL’S ADOPTED GUIDELINES
· Make Decisions Based on 30 Year Vision
· Tone and Tenor Matter
· Remember Where We’re Living and Why We’re Here
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COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO: Mayor and City Council
FROM: Lee Ledesma, Utilities Finance and Administrative Services Manager
THRU: David Hornbacher, Utilities Director
Scott Miller, Public Works Director
DATE OF MEMO: June 26, 2018
MEETING DATE: July 9, 2018
RE: Resolution #86, Series of 2018 -
1) Colorado Water Conservation Board Grant Acceptance and
2) Contract Award to Element Water Consulting Inc. –
Water Efficient Landscaping Ordinance Implementation
REQUEST OF COUNCIL: The City of Aspen has received a $48,923 grant for the Water
Efficient Landscaping Ordinance Implementation from Colorado Water Conservation Board
(CWCB). Staff is requesting: 1) acceptance of this grant and approval of a corresponding
increase in budget authority, and 2) approval to execute an agreement with Element Water
Consulting Inc. in the amount of $25,400 for completion of Task 1—QWEL Initial Training and
Ongoing Landscape Ordinance Support—as outlined in the CWCB grant Scope of Work.
PREVIOUS COUNCIL ACTION: On May 22, 2017 Council approved at Public Hearing
Ordinance 16, Series 2017 to adopt the Water Efficient Landscape Ordinance. The Pilot Phase
of this new Ordinance went into effect on June 22, 2017 and applied to all city and county
parcels receiving City of Aspen water.
During the Council Worksession held on February 13, 2018 City staff shared with Council their
concern regarding access to Third Party Audits as part of the implementation of the landscape
ordinance. This CWCB grant and contract with Element Water addresses those concerns.
During the Council Worksession held on June 18, 2018 City staff shared details of the QWEL
Certification training that is scheduled for July 9, 10, and 11th and the news that the City of
Aspen had received a grant for this training from the CWCB. The upcoming free certification
program designed for landscape professionals includes training on: water supply, irrigation
efficiency, soils, irrigation system audits, and controller programming.
BACKGROUND: The Landscape Certification Program was one of the top seven (7) Program
Measures outlined in the Roaring Fork Watershed Regional Water Efficiency Plan that City
Council adopted in September of 2015. Substantial amounts of water can be saved using
existing irrigation technology and industry best management practices. Managing outdoor water
demands through sound policy and education will play an important role in Aspen’s Integrated
Water Supply System.
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FINANCIAL IMPACTS: The acceptance and implementation of the CWCB grant will require
additional 2018 budget authority in the amount of $48,923, with offsetting grant revenue in the
same amount. A new capital account will be created to manage this project and grant.
RECOMMENDED ACTION: Staff recommends that the City accept the CWCB Water
Efficient Landscaping Ordinance Implementation grant and authorize the execution of the
agreement with Element Water Consulting to manage the grant implementation. It is further
requested that both 2018 revenue and expenditure budget authority be increased within the Water
Fund in the amounts described under the Financial Impacts section.
ALTERNATIVES: The City of Aspen could choose not to accept the CWCB grant, as well as
choose not to allow Element Water Consulting, Inc. to manage the grant and assist with the
QWEL initial training and ongoing landscape ordinance support.
PROPOSED MOTION: I move to approve Resolution #86, Series of 2018.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – Resolution 86, Series 2018
Exhibit B – City of Aspen Water Efficiency Grant Application to CWCB dated April 26, 2018
Exhibit C – Grant Award, Scope of Work, Budget & Schedule, and Purchase Order from State of
Colorado Department of Natural Resources / CWCB
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RESOLUTION # 86
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ACCEPTING A GRANT FROM THE COLORADO WATER
CONSERVATION BOARD AND APPROVING A CONTRACT BETWEEN
THE CITY OF ASPEN AND ELEMENT WATER CONSULTING INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a grant award for
water efficient landscaping ordinance implementation project from Colorado
Water Conservation Board; and, a contract for water efficiency grant
implementation assistance, between the City of Aspen and Element Water
Consulting Inc., a draft of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves and accepts that
Grant for water efficient landscaping implementation and hereby approves that
Contract for grant implementation assistance, between the City of Aspen and
Element Water Consulting, Inc., a draft of which contract is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute a final
contract on behalf of the City of Aspen in substantially the form attached hereto,
subject to the approval of the City Manager and the City Attorney.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of July, 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, July 9, 2018.
Linda Manning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2018-071.
AGREEMENT made as of 9th day of July, in the year 2018.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Water
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Element Water Consulting Inc
c/o Beorn Courtney
PO Box 140785
Denver, CO 80214
Phone: 303-481-2365
For the Following Project:
Technical water resource services to support the Water Efficient Landscaping Ordinance
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: July 9, 2018
Resolution No.:___________________
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $25,400.00
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Agreement Professional Services Page 1
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than __________________. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
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7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
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(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers’ Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
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(d) The certificate of insurance provided to the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
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14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
“Basic Pilot Program” means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
“Public Contract for Services” means this Agreement.
“Services” means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
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(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
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(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
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3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
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CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________
City Attorney’s Office
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Agreement Professional Services Page 10
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
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Agreement Professional Services Page 11
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
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MEMORANDUM
TO: Mayor and City Council
FROM: Ryan Loebach, P.E., Senior Project Manager
THRU: Tyler Christoff, P.E., Deputy Director of Utilities
David Hornbacher, Utilities Director
DATE OF MEMO: July 2nd, 2018
MEETING DATE: July 9th, 2018
RE: Resolution #100, Series of 2018 - As-Needed Dredging Services,
Contract Award to AWS Dredge, LLC
REQUEST OF COUNCIL: Staff requests award of contract to AWS Dredge LLC to perform
as-needed dredging services for Aspen Water Treatment Plant (AWTP) backwash pond sediment
removal.
PREVIOUS ACTION: Council approved a previous scope of work to perform one-time
dredging and sediment removal through Resolution #121, Series of 2017 – Backwash Pond
Sediment Removal. The current contract presented in this memo is a continuation of the
previously awarded scope of work. Additional work is required to restore the City’s backwash
pond to its original volumetric capacity.
BACKGROUND: The AWTP operates continuously to provide potable water to customers.
Through the potable water filtration process, removed sediment captured in the filters is
backwashed into a pond on the water plant site. This sediment accumulates over time reducing
the pond capacity.
The backwash pond utilizes a permanent pool of water to settle out suspended solids prior to
discharge. The discharge from this pond is regulated by required permitting with the EPA
through the National Pollutant Discharge Elimination System (NPDES). This project is necessary
to restore volume storage and maintain full functionality of the backwash pond.
DISCUSSION: The backwash pond periodically fills with sediments and requires dewatering
and disposal of the sediment to the Pitkin County Solid waste site. Most recently a dredge
operation was conducted in 2017 to start the process of increasing pond capacity. Based on
current sediment levels and discharge sampling, staff believe that on-going removal operations is
critical to maintaining compliance with discharge permitting requirements and to increase pond
sediment storage capacity. The proposed dredging process will not interrupt water service to the
community during this work.
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The City of Aspen advertised and solicited proposals through a competitive bid process. Due to
the sensitive and highly specialized nature of this type of work a single bid was received and has
been reviewed by staff. Staff believe AWS Dredge LLC’s experience and performance in other
communities speaks to their capability to meet the full extent of the City’s proposal.
FINANCIAL/BUDGET IMPACTS: The bid amount for the project is based on the number of
fill events City requests for AWS Dredge LLC to perform. City staff anticipate AWS Dredge will
perform two fill events in 2018. Staff propose the following expenditures and funding for this
work in 2018.
Total Project Expenditures
AWS Dredge LLC 2018 anticipated work scope $ 76,500.00
Total Expenditures $ 76,500.00
Total Funding
Utilities 2018 Funding,
Project 50745 – Backwash Pond and Solids Mitigation
(Acct # 421.322.81200.52199.50745) $180,000.00
Total Funding $180,000.00
ENVIRONMENTAL IMPACTS: There are no environmental impacts for this project. The
backwash pond sediments include a minimal level of coagulants which brings fine sediment
particles together for filtration during water treatment process. These are biodegradable and may
be disposed of at the Pitkin county landfill with prior approval. The solids cannot be used for
agricultural organic reapplication.
RECOMMENDED ACTION: Staff requests award of contract to AWS Dredge LLC to
perform as-needed dredging services for AWTP backwash pond sediment removal.
ALTERNATIVES: City staff is currently working with engineering consultants to develop
long-term sediment treatment alternatives and compare those alternatives to continual dredging
the pond on a long-term basis. Regardless of the long-term solution, the backwash pond sediment
removal needs to occur in the short-term.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A – Professional Services Contract – City of Aspen and AWS Dredge LLC
B – Resolution #100, Series 2018
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RESOLUTION #100
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND AWS DREDGE LLC. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for As-
Needed Dredging Services, between the City of Aspen and AWS Dredge LLC., a
true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for As-Needed Dredging Services, between the City of Aspen and AWS Dredge
LLC., a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of July, 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, July 9th, 2018.
Linda Manning, City Clerk
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CITY OF ASPEN GENERAL SERVICES AGREEMENT
Project Number: 2018-060
THIS AGREEMENT made this 9th day of July 2018, by and between the City of Aspen
("City") and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
AWS Dredge LLC
Robert Harlow, JR
53036 Highway 71
Limon, CO 80828
719-775-9870
DESCRIPTION OF SERVICE
AWS Dredge LLC shall provide services on an “as-needed” basis for projects over a period of
three years. The City does not guarantee a minimum dollar value per work order, per year, or per
contract period.
Fees may be adjusted for years two and three, subject to City of Aspen approval, using the United
Stated Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, (CPI-U). CPI-
U can be found at the following website: https://www.bls.gov/regions/mountain-plains/cpi-
summary/ro7xg01a.htm. The specific CPI-U that shall apply for adjustment is the Consumer
Price Index for All Urban Consumers (CPI-U), Mountain division, not seasonally adjusted
(December 2017=100 unless otherwise noted). Prices shall be adjusted in May of each contract
year based on the following formula: Line Item Cost * (CPI-U, MD, May 20XX) / (CPI-U, MD,
June 2018) = Adjusted Line Item Cost. The selected vendor shall submit a new Fee Schedule
form in June of each contract year for the City’s review and potential approval. If approved, the
approved Fee Schedule form shall be valid for the remainder of that contract year.
City’s Responsibilities
• The City has already constructed a level and lined treatment pad containing two 50’ long
x 20’ wide (footprint dimensions) geosynthetic tubes. See photographs of the project site
in Exhibit A.
• The City shall supply 480VAC, three-phase power from an existing 150-amp breaker
located within an existing booster pump station, approximately 100 feet from the eastern
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edge of the pond. Selected vendor shall furnish cables suitable for immersion service and
their needs from this breaker to dredging equipment within the pond.
• City shall furnish geosynthetic tubes, liner, and polymer, if required, over the contract
duration.
• City shall supply equipment and manpower to insert and remove the dredge. Selected
vendor shall provide manpower to maneuver, manipulate, and place dredge in pond to
and from vendor’s hauling trailer. All equipment moved by the City from access roads to
the pond shall not exceed the load of the City’s equipment: 7,000lbs at 40 feet horizontal.
See City’s articulating crane load chart attached as Exhibit B. Selected vendor shall
disclose weight of equipment at bid and at each mobilization event.
AWS Dredge’s Responsibilities
• Dredging days shall be coordinated and agreed upon at least a month in advance between
selected vendor and the City. Acceptable days for dredging could occur between May 1st
and November 15th of each year, weather pending. Should night time temperatures cause
the existing pond to freeze
• Furnish, maintain, and operate dredge and all associated dredge appurtenances, polymer
make-up and dosing equipment, and any and all piping required to dose polymer, remove
solids from the pond, and deposit treated solids into the geosynthetic tubes.
• Coordinate with City staff on polymer dosing operations to ensure CDPHE discharge
permit limits are not exceeded during operations from pond solids carryover or exceeding
the maximum containment limit of any specific
• Each geosynthetic tube shall be filled with slurry in accordance with the tube
manufacturers recommendations. Criteria for tube replacement shall be based on the
tube’s volumetric capacity. City shall purchase new bags for filling once the volumetric
capacity of each bag is achieved. Each fill event shall stop when both tubes are at their
maximum fill height.
• Demonstrate slurry is being pumped to bags and not pond water using a sight-glass or
sample ports on dredge discharge piping.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
Work is on an as-needed basis. AWS will mobilize once notice to proceed is provided. A three-
week notice to schedule placing the dredge into the pond, prior to commencement of
operations is requested. The dredge will stay on site during the summer and early fall.
Subsequent mobilizations will be undertaken by request with a thirty-day notice of intent and a
two-week and one-week refinement periods so project scheduling can be coordinated.
Contract period is July 9, 2018 through July 1, 2021.
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DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
The City does not guarantee a minimum dollar value per work order, per year, or per contract
period. The maximum dollar value per year $112,000.00.
Estimated costs based on unit costs:
AMENDMENTS TO GENERAL CONDITIONS
AWS must have a valid license to do business within the City of Aspen throughout the contract
period and have all necessary licenses to do business as appropriate to the services offered.
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EXHIBIT "A"
CITY OF ASPEN GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor") and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the
City's approval, a schedule for the performance of Contractor's services which shall be adjusted as
required. This schedule, when approved by the City, shall not, except for reasonable cause, be
altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices for
services performed. The City shall review such invoices and, if they are considered incorrect or
untimely, the City shall review the matter with Contractor within ten days from receipt of the
Contractor's billing. Contractor's invoice shall be for the period ending the last day of each month
and submitted to the City no later than the 5th day of each month.
3. Non-Assignability. Both parties recognize that this Service Agreement is one for
personal services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the
responsibilities or obligations under this Service Agreement. Contractor shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Contractor to the extent of the subcontract. The City shall not be obligated to pay or be liable
for payment of any sums due which may be due to any subcontractor unless agreed to in writing
beforehand by the City.
4. Termination. The Contractor or the City may terminate this Service Agreement upon
thirty (30) days notice, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13,
14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may
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terminate the Service Agreement with ten (10) days prior notice to cure and failure by Contractor to
so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Contractor shall not be relieved of any liability to the City for damages sustained by the City
by virtue of any breach of this Agreement by the Contractor, and the City may withhold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor may be determined.
5. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this Service Agreement, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gifts or any other consideration contingent upon or resulting from the award or making of
this Service Agreement.
6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor
shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials,
supplies, etc., as necessary for the proper conduct of the services to be provided in accordance with
the Service Agreement.
7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services
to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this Service Agreement shall result in, or be construed as
establishing an employment relationship. Contractor shall be, and shall perform as, an independent
contractor who agrees to use his or her best efforts to provide the said services on behalf of the City.
No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee,
agent or servant of the City. City is interested only in the results obtained under this Service
Agreement. The manner and means of conducting the work are under the sole control of
Contractor. None of the benefits provided by City to its employees including, but not limited to,
workers' compensation insurance and unemployment insurance, are available from City to the
employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for
its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the
performance of this Service Agreement. Contractor shall indemnify City against all liability and
loss in connection with, and shall assume full responsibility for payment of all federal, state and
local taxes or contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Contractor and/or Contractor's employees engaged in the
performance of the services agreed to herein.
9. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, to the
extent and for an amount represented by the degree or percentage such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act,
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omission, error, professional error, mistake, negligence, or other fault of the Professional, any
subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own expense,
a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to Section 9 above. Such insurance shall be in
addition to any other insurance requirements imposed by the Service Agreement or by law. The
Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 9 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Contractor shall procure and maintain Workmen's Compensation insurance to cover
obligations imposed by applicable laws for any employee engaged in the performance of work
under the Service Agreement, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may
be substituted for the Workmen's Compensation requirements of this paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Contractor shall procure and maintain, and
shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance
coverages referenced in the Service Agreement. All insurance coverages shall be procured and
maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor
pursuant to Section 9 above. In the case of any claims-made policy, the necessary retroactive dates
and extended reporting periods shall be procured to maintain such continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Contractor. No additional insured endorsement to the policies required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Contractor shall be solely responsible for any deductible losses under any policy required above.
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(e) The certificate of insurance provided by the City shall be completed by the Contractor's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior written
notice has been given to the City.
(f) Failure on the part of the Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of Service
Agreement upon which City may terminate the Service Agreement as provided by Section 4 above,
or at its discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith, and all monies so paid by City
shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums
against monies due to Contractor from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this Service Agreement, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees.
11. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Contractor for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Contractor reasonable notice of any changes in its membership or participation in
CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Service Agreement.
13. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Contractor certifies, by acceptance of the Service Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in any transaction with a Federal or State department or agency. It further
certifies that prior to submitting its Bid that it did include this clause without modification in all
lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor
or any lower tier participant was unable to certify to this statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
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14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure this Service Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by the Contractor for the purpose of securing business.
Contractor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any other
advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Service Agreement, or to any solicitation
or proposal therefor.
Contractor represents that no official, officer, employee or representative of the City during
the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in the Service Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor, vendor, or
sub-contractor under City contracts;
3. Deduct from the Service Agreement price or consideration, or otherwise
recover, the value of anything transferred or received by the Contractor; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of City. The services contemplated by the
Service Agreement may be canceled by the City prior to acceptance by the City whenever for any
reason and in its sole discretion the City shall determine that such cancellation is in its best interests
and convenience.
16. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, the Service Agreement shall be contingent upon the availability of those funds
for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount of
money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed by
certified mail, return receipt requested to the respective person or address listed for the Contractor
in the Service Agreement.
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19. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
Service Agreement. Contractor agrees to meet all of the requirements of City's municipal code,
Section 13-98, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained
herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen
Procurement Code, Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses and
permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons
engaged in business within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of the Service Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Contractor to which the same may apply and, until
complete performance by Contractor of said term, covenant or condition, the City shall be entitled
to invoke any remedy available to it under the Service Agreement or by law despite any such
forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be binding upon
all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be
binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly
authorized official in his or her absence).
24. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the City, from knowingly hiring
an illegal alien to perform work under a contract, or to knowingly contract with a Contractor who
knowingly hires with an illegal alien to perform work under the Service Agreement. The new
laws also require that all contracts for services include certain specific language as set forth in the
statutes. The following terms and conditions have been designed to comply with the
requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City.
1. “E-verify program” means the electronic employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
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156, 108th Congress, as amended, that is jointly administered by the United States
Department of Homeland Security and the social security Administration, or its successor
program.
2. “Department program” means the employment verification program
established pursuant to Section 8-17.5-102(5)(c).
3. “Public Contract for Services” means this Service Agreement.
4. “Services” means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Contractor certifies and represents that at this time:
1. Contractor shall confirm the employment eligibility of all employees who
are newly hired for employment to perform work under the Public Contract for Services;
and
2. Contractor has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal
aliens.
d. Contractor hereby confirms that:
1. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to
certify to the Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the Public Contract for Services.
3. Contractor has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under the public contract for services
through participation in either the e-verify program or the department program.
4. Contractor shall not use the either the e-verify program or the department
program procedures to undertake pre-employment screening of job applicants while the
Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with an
illegal alien, Contractor shall:
i. Notify such subcontractor and the City within three days that
Contractor has actual knowledge that the subcontractor is employing or
subcontracting with an illegal alien; and
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ii. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the subcontractor
does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the Public Contract for Services with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Colorado Department of Labor and Employment undertakes or is undertaking pursuant to
the authority established in Subsection 8-17.5-102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may
terminate this Service Agreement. If this Service Agreement is so terminated, Contractor
shall be liable for actual damages to the Owner arising out of Contractor’s violation of
Subsection 8-17.5-102, C.R.S.
25. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully executed
by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid,
illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
26. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
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record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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Page 1 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Ryan Loebach P.E., Senior Project Manager
THRU: Tyler Christoff P.E., Deputy Director of Utilities
David Hornbacher, Director of Utilities
DATE OF MEMO: July 2nd, 2018
MEETING DATE: July 9th, 2018
RE: Resolution #101, Series of 2018 - Rubey Subdivision 12”
Waterline Request for Contract Approval,
REQUEST OF COUNCIL: Staff requests that Council approve a contract with Red Mountain
Estates LLC (RME) in the amount of $28,561.59 for furnishing and installing ~220 linear feet of
12” waterline.
PREVIOUS COUNCIL ACTION: Council approved funding for water distribution
replacement through the 2018 budget process. The intent of the water distribution replacement
project is to provide funds for various distribution system replacement projects; for example,
adding project scope to developer-driven projects.
Council approved the Rubey Subdivision Water Services Agreement on April 25, 2016 through
Ordinance #5, Series of 2016.
BACKGROUND: Rubey Subdivision consists of seven lots that were approved in 1976. Three
of the lots currently have residences located upon them and have City water service. In 2016, the
Rubey Subdivision Water Services Agreement was approved authorizing the Mayor and City
Clerk to execute a Water Service Agreement with the owners of the five lots that make up the
Rubey Subdivision, on Red Mountain. This document outlines infrastructure replacement
provision conditions of the water service agreement.
Currently RME is replacing water distribution infrastructure outlined in the 2016 agreement,
including ~800 linear feet of 12” waterline and the Rubey Pump Station. During this construction
the City discovered a hydraulic constriction that if not replaced, could impact local fire flows and
Rubey Pump Station hydraulic performance. City staff is requesting approval to contract with
RME for the replacement of this 8” waterline. See Attachment A for a drawing depicting the
extent of 8” waterline to be replaced and Red Mountain Estates LLC’s proposed infrastructure
improvements.
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Staff believes it is in the best interest of the City to allow RME to construct the proposed 12”
waterline due to the following benefits:
· Pricing reflects waterline installation in a green-field condition. If the City delays these
improvements future installation would be required to impact and replace new
development on this site. Additionally, the City receives the benefit of a contractor
mobilized to the site avoiding this additional expense.
· Future construction-related impacts to the community such as noise, dust, and asphalt
replacement would be avoided.
· Increased hydraulic capacity of the waterlines providing water up to the Red Mountain
area.
To construct this waterline, staff is requesting a sole-source contract be awarded to RME.
Awarding the waterline contract to RME instead of a separate contractor provides economies of
scale, facilitates easier work coordination, shared contractor mobilization costs, and a single
point of contact for City staff.
FINANCIAL IMPLICATIONS: Staff intends to use planned utility funding for this work.
Staff proposes the following funding and expenditures for this project:
2018 Anticipated Expenditures
Red Mountain Estates LLC Contract $ 28,561.59
Contingency $ 5,438.41
Total $ 34,000.00
2018 Funding Budgeted
Utilities 2018 Funding, Project 50750 – 2018 Distribution Replacement
(Acct # 421.322.81200.57210.50750) $ 150,000.00
RECOMMENDED ACTION: Staff requests that Council approve a contract with Red
Mountain Estates LLC (RME) in the amount of $28,561.59 for furnishing and installing ~220
linear feet of 12” waterline.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A – Replacement Waterline Exhibit
B – Contract with Red Mountain Estates, LLC
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RESOLUTION #101
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND RED MOUNTAIN ESTATES, LLC AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for 12”
Waterline within Rubey Subdivision, between the City of Aspen and Red
Mountain Estates LLC; a true and accurate copy of which is attached hereto as
Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for 12” Waterline within Rubey Subdivision between the City of Aspen and Red
Mountain LLC, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of July 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, July 9th 2018.
Linda Manning, City Clerk
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2018-06-28 COA Rubey WLReplacement extententsEngineer: RBGDrawn By: SWWSheet Number:DateCommentsInit.Rev.Computer File InformationPrint Date: 6/28/18Drawing File Name:Project No.: 06/28/2018Sheet RevisionsROARING FORK ENGINEERING592 HIGHWAY 133CARBONDALE COLORADO, 81623PH: (970)340-4130F:(866)876-58731Of:1AMERICAN LANE WATER LINEASPEN, COLORADOP56VI.c
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MEMORANDUM
TO: Mayor and City Council
FROM: Linda Manning, City Clerk
DATE OF MEMO: July 3, 2018
MEETING DATE: July 9, 2018
RE: Resolution #104, Series of 2018 – Renaming the alley behind City Hall to
Warren’s Alley
SUMMARY: Rename the alley behind City Hall to Warren’s Alley.
REQUEST OF COUNCIL: Staff is requesting Council approve Resolution #104, Series of
2018.
BACKGROUND: At the City Council Work Session on June 18, 2018 Jim Markalunas
requested that Council act on a request that he made when he was on council in 2001 to
name the alley behind city hall to “Warren’s Alley” in honor of Warren Conner.
DISCUSSION: In 2001 there was a Proclamation celebrating Warren and his
contributions to Aspen. At this time Mr. Markalunas suggested renaming the alley and
even had a sign made but there was never an official resolution approved by City
Council. At the work session last month, Council directed staff to draft a resolution
renaming the alley. Approval of this resolution will rename the alley to “Warren’s
Alley”.
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RESOLUTION #104
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, RENAMING THE ALLEY BEHIND CITY HALL TO
“WARREN’S ALLEY”
WHEREAS, Warren Conner was born in Aspen, Colorado in 1921 of native
Aspenite parents, and
WHEREAS, Warren spent much of his childhood playing in the places he
would later work including the Assessor’s office where he mastered every nuance
of who owned what when and the Armory where he shoveled coal into the furnace
alongside his father, and
WHEREAS, Warren was a long time member of the Elk’s Lodge and St.
Mary’s Catholic Church, and
WHEREAS, Warren was quoted “One of my heartfelt wishes would be for people
who live and work here to be able to afford to live here and not go banging down
the highway to go home.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby rename the alley behind
City Hall to “Warren’s Alley”
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of July 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held July 9, 2018.
Linda Manning, City Clerk
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Regular Meeting Aspen City Council June 25, 2018
1
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #80, Series of 2018 – Congestion Mitigation Air Quality (CMAQ) Grant Agreement ...... 4
Resolution #94 & 95, Series of 2018 – Development Inspection Contract With PVCMI and Merrick
& Company ................................................................................................................................................... 4
Resolution #98, Series of 2018 – Contract Approval for WWE for the Garmisch Street Stormwater
Master Plan ................................................................................................................................................... 4
Resolution #96, Series of 2018 – Contract Extension for Shift ............................................................ 4
Resolution #58, Series of 2018 – General Services Agreement Approval for Redi Services for
Stormwater Mainline Cleaning Services ....................................................................................................... 4
Minutes – June 11, 2018 ....................................................................................................................... 4
RESOLUTION #97, SERIES OF 2018 ........................................................................................................ 4
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Regular Meeting Aspen City Council June 25, 2018
2
At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Myrin
and Hauenstein present.
CITIZEN COMMENTS
1. Emzy Veazy III spoke about a solicitation commission and suggested Aspen adopt one.
2. Mike Maple said in the 60’s it was alleged that Bugsy Barnard cut down billboards. Since then
Aspen has had a stringent sign code. It seems like local governments do not like signs very
much. It is inappropriate that government does not have to abide by the code but residents and
businesses do.
3. Steve Fante, owner of CB Paws and chairman of CCLC, said CB paws has been part of the
community for 23 years. The sign code will have a negative effect on all secondary tier
businesses. They are generally small mom and pop businesses. Removal of sandwich boards
will negatively affect these businesses. Walk in traffic will be reduced. There is the Supreme
Court ruling and content neutrality issue and an esthetic issue. As a business owner it is in my
interest to make sure the town looks its best. It is premature to remove all sandwich boards and
penalize small business owners.
Councilman Hauenstein said we had at least three work sessions and five or six meetings on the
sign codes. When we make a decision at council the integrity of council is if we make a decision
we stand by it. That does not mean cannot alter it. I feel strongly for the small business owners
and they feel they are operating with a disadvantage without them. I am willing to go back and
look at it again. It opens a can of worms where people can sell the rights to their sign. Sandwich
boards are important to their businesses. Mayor Skadron said we abided by the supreme court
ruling. Jim True, city attorney, said we believe we abided by the ruling and drafted an ordinance
that was fair to all businesses and ultimately council decided all sandwich boards should be
eliminated. There are a myriad of other ways we can perhaps address it. Jessica Garrow,
community development, said when we were going through the code update there were a few
updates to sandwich boards. We are currently working on a plan for public outreach. If council
is open to exploring a different way for sandwich boards we are open to coming to a work
session.
Mayor Skadron said to Mike Maple, what are your thoughts to what Steve expressed. We don’t
want to place additional burdens on businesses. Mr. Maple said my major concern is size and
lighting. Businesses need to have signs. I’ve been aware of the debate of sandwich boards.
Whether it is trails, buildings or businesses there needs to be reasonable signages. No signage is
no solution. Signage creates vitality. You have to find the right mix to identify and find a
business particularly for the secondary locations. If you can’t have signage to get to the alley
location that business won’t succeed. I challenge you to listen to what these people have to say.
4. Wendy Mitchell, owner of Meat & Cheese and Hooch, said we are for sandwich boards,
particularly for businesses that don’t have a street presence.
Ms. Garrow said we can differentiate between location. There was an option for council to allow
it for second tier spaces but we can’t regulate the content. Mayor Skadron said if they were
allowed I could put my sign in front of Wendy’s and say eat in Willits. Ms. Garrow said we
could allow the sandwich boards for second tier business but not regulate the content.
Councilwoman Mullins said the esthetics did come up in the discussions but more important was
the legal issues. In the end I supported trying without the sandwich boards but would support a
work session exploring other option. Ms. Garrow said we also have allowances for other sign
types that don’t count as part of the allowances.
Mr. Fante said the landlord can control content. My lease says the landlord has the right to
approve it.
5. Sandy Mulcahy said they are about humanitarian work. She showed a video about their drinking
water project in Kenya.
6. Lee Mulcahy said he agrees with the comments about the sandwich boards. He submitted 201
more signatures asking for a public hearing for a peaceful resolution. He also submitted emails.
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7. Toni Kronberg passed out handouts. She agreed sandwich boards create vitality. She said the 517
East Hopkins building will be 10 feet lower. She talked about the numbers. The new building is
decreased by 10 feet. When the armory undergoes renovation city hall can be expanded
underneath Conner park. The cost is $23 million for the new building, $9.9 million for the land
and $10.5 million for construction. She said she is personally advocating for this.
8. Mirte Mallory, we cycle, said she is here to thank council for supporting free we cycle for the
community for 30 minutes at a time. We are seeing new riders throughout the valley. It is
wonderful to work closely with the city as part of the Castle Creek bridge mitigation. We added
stations to both sides of Main Street.
CITY COUNCIL COMMENTS
Councilman Myrin gave a thank you to city manager and staff for the rapid flash at Main and Hunter
Street. He handed out the minutes from June 26, 2017. Toni talked about a petition about city hall, I
talked about Wagner park grass and Grindley bridge closing. I think we are going to repeat these tonight.
He emailed Jim asking him if that money could not come from the city but the lodging tax. To do that
would take support from council. Mayor Skadron said if you are interested in moving this forward would
you present this to the ACRA board, tomorrow at 8:30. Mr. True said he does think under the ballot issue
and ordinance that was passed it would probably be appropriate but you do need to talk to ACRA because
they would need to budget it. Councilman Hauenstein said I’m not sure ACRA should have to pay for it
but I don’t think the tax payers should either. Mayor Skadron said there is value to the community in
having Food & Wine here. That is a discussion worth having with the appropriate people at ACRA. Are
you willing to sacrifice having Food & Wine here over $40,000 for the grass. Councilman Hauenstein
said if the question is resort versus community and having the park open to the community for a few
weeks then yes, I’m focused on the community more. Councilwoman Mullins said like last year when
you didn’t get my support I didn’t have enough information. There are a lot of details to this that need to
be talked about. I support you going to ACRA and seeing what their feedback is. Councilman
Hauenstein said we need to weigh all the benefits against the closure of two to three weeks and the
$90,000, but we will have all the data points to weigh it on. Mayor Skadron said it is important to hear
from the chamber what the effect on them will be. Mr. True said to use the marketing funds from the tax
needs to come from ACRA so the conversation needs to start with ACRA. Councilman Myrin said the
third thing from the meeting last year was to remove the sign at the end of Grindley bridge by the Aspen
Institute that seems to privatize the bridge. A year ago the sign was removed by the city but it is back up.
Austin Weiss, parks, said we will make sure the sign is removed and will follow up with them.
Councilwoman Mullins said there was an electronic waste event at community banks and I would like to
see that event more often maybe twice or four times a year.
Councilman Hauenstein said town looks great. The flowers look beautiful. The hills are full of music.
Allow yourself to be happy.
Mayor Skadron thanked the chamber for putting on a spectacular Food & Wine. Good luck to the
institute on the Ideas festival.
CONSENT CALENDAR
Reso # 80 – CMAQ grant
Councilman Myrin asked who owns the bike stations after we spend the money on them.
John Kruger, transportation, said it is a joint city county grant. Councilman Myrin said we hold
ownership after.
Councilwoman Mullins asked how many bikes will be added. Mr. Kruger replied we have a draft list but
need to see where the demand is. The county would like to see some at the AABC and Buttermilk.
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Possibly the ARC, highlands and Burlingame. Councilwoman Mullins asked is it 10% or 50%. Mr.
Kruger said it is not bikes, only station equipment. My guess is four to five stations.
· Resolution #80, Series of 2018 – Congestion Mitigation Air Quality (CMAQ) Grant Agreement
· Resolution #94 & 95, Series of 2018 – Development Inspection Contract with PVCMI and
Merrick & Company
· Resolution #98, Series of 2018 – Contract Approval for WWE for the Garmisch Street
Stormwater Master Plan
· Resolution #96, Series of 2018 – Contract Extension for Shift
· Resolution #58, Series of 2018 – General Services Agreement Approval for Redi Services for
Stormwater Mainline Cleaning Services
· Minutes – June 11, 2018
Councilwoman Mullins moved to approve the Consent Calendar; seconded by Councilman Hauenstein.
All in favor, motion carried.
RESOLUTION #97, SERIES OF 2018 – Soldner Property Conservation Easement
Mr. Weiss told the Council that Stephanie approached staff to look at opportunities to protect the
property. It is located due south of Burlingame and surrounded by open space. The upper lot is roughly
2.5 acres. It is an untouched sage brush meadow with wildlife habitat and a critical link to provide a
corridor for deer and elk to the river. The total price is $500,000. We looked at a partnership with the
county. They proposed a 50 50 split. AVLT agreed to put $50,000 towards the purchase.
Dale Well, Pitkin County Open Space, said this is supported unanimously by the county open space board
and county commissioners. This has attracted wide spread support from both boards and AVLT since it
knits together the conservation landscape. The county is excited about this property. It shows we can
have a place for humans and animals in the same proximity. Mr. Weiss said we also got unanimous
support from the city open space board. Jim Stark, city open space board, said it is a small piece of the
puzzle but an important one. It will be a very valuable parcel to maintain the linkage. Mr. Weiss said
Ms. Soldner has approval for a 12,000 square foot home on the lot. That development would sever access
to the river.
Councilman Hauenstein said we are talking about the north parcel and nothing would be developed on
that parcel for a cost of $250,000 to the city. Are there any implications for more development on the
southern parcel. Ms. Soldner said we tried to create a win, win win situation for wildlife, community and
my family. My mother was a painter who died in 1995 and my father was a ceramic artist and founder of
Anderson ranch. My hope is to create a cultural center, the Soldner Center, to inspire creativity for those
who visit.
Councilman Hauenstein asked what can happen at Bar X. Mr. Weiss said no development in the hashed
area he showed on the map.
Councilwoman Mullins said she 100 percent support this. Thank you for being so generous. This is the
perfect parcel that weaves together the other parcels.
Councilman Myrin said he also support this. What concerns me about conservation easements is trades.
Mr. Well said one of the reasons we like them is once you have them you can’t let them go. It would be a
very rare day that a conservation easement could be broken by the partners we have here.
Mayor Skadron asked her to comment on the center more. Ms. Soldner said Anderson ranch is enormous
and we will be considerably less busy. It will be an intimate place. We want to be able to make the
property available on some sort of ongoing basis, primarily summertime. It will always remain somewhat
intimate. I give tours to their ceramic students every two to three weeks. Mayor Skadron said Dale, do
you have any thought about any potential conflict around the center itself. Mr. Well said it would be
made worse by plunking a great big house in the center of that open space. The habitat itself is a lot more
sensitive in the winter. Arraignments like this are the best we can do. This will help the animals that are
here stay here.
Mr. True said he was under the impression this was the final agreement. Mr. Well said what I have is a
contract that Stephanie just signed this afternoon. A condition is I finalize the language with the city and
AVLT. I was OK with what was submitted in the packet.
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Councilman Hauenstein moved to adopt Resolution #97, Series of 2018; seconded by Councilwoman
Mullins. All in favor, motion carried.
Councilman Hauenstein moved to adjourn at 6:30 p.m.; seconded by Councilwoman Mullins. All in
favor, motion carried.
Linda Manning
City Clerk
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Special Meeting Aspen City Council July 2, 2018
1
At 5:15 p.m. Mayor Skadron called the special meeting to order with Councilmembers Hauenstein,
Myrin, Mullins and Frisch present.
Mayor Skadron said we will be discussing resolution #99 regarding the contract to purchase 517 East
Hopkins to become the possible home to Aspen city offices.
CITIZEN COMMENTS
1. Bruce Etkin said he is promoting the Armory. We have a problem with City offices and need to
find a place for them quickly. Pass an ordinance for them. We need one location for city offices.
Recently there have been great articles in the papers for alternate uses for the armory. Council
should reconsider and ask staff to update costs for all solutions including under one roof, one time
and done. The city architect said it would save around 10% in annual operating costs to be
located in one building. All options should be explored.
2. Lorenzo Semple said he was in favor of Hunt’s hotel plan for Main Street. He has strong
opposition for the Hopkins Street purchase. Council deserves better than a fractured option. His
preferred option is the Galena option on land we already own. The city has waited patiently while
every entity in town, private and public, have built their own state of the art facilities. The
lawsuits against the city really bother me and I take them personally. They create decisiveness
and toxicity within the city. It feels like we are being railroaded into this and that spite is driving
this. It does not feel like a good governing decision. I believe that given all the facts voters would
vote for the Galena project. The Galena project encourages a more inclusive government.
Maybe Aspen isn’t ready for a new city hall right now. We have to look at the long game. This
feels like settling right now.
3. Toni Kronberg passed out handouts including letters to the editors in support for the 517 project.
She said the community center could go on Galena plaza and that is what the civic master plan
endorsed. Buying this property is a wise business decision and will give the city an additional
piece of property to work with. It is right across the street from city hall and will keep everything
down town. You don’t lose any options if you buy this piece of property.
4. Phyllis Bronson said she knows Mark Hunt is capable of doing beautiful work and that is not
what I am objecting to. I’m echoing a lot of what Lorenzo is saying. She thinks Mark has trouble
following through and has a big toy box right now. Her biggest issue is seeing our duly elected
council undermined by lawsuits. This reeks of the art museum. She is afraid council will cave
just like that.
Jack Wheeler, asset, said the current option is to build 34,000 square feet at Galena. The cost is estimated
between 42 to 46 million dollars. The development documents are complete. We do have a building
permit ready to pull. The litigation timing uncertainty led us to look at other options.
We are currently at 41,000 square feet and need 7,000 additional with 3,000 future growth needs.
The request tonight is to enter into a contract for 517 East Hopkins for 23 million dollars with a 45 day
due diligence period. A $100 per square foot tenant improvement allowance is included. The cost of the
due diligence will be between $150,000 to $250,000. We need to be back in front of council at the end of
July. This is a big undertaking. The sales price is the only thing that is absolutely certain. There has
been a lot of concern over basement space in the plan. There is 13,500 square feet between this building
and that of basement space. We are carrying $46.5 million at Galena and the Armory. It is an unknown
start date due to the litigation. The 517 option is there and we would be spread out to 4 or 5 addresses.
What we don’t know today is if it is a viable option. We need to put it under contract and do the due
diligence.
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Councilman Frisch asked is 30 days enough time to come back. Mr. Wheeler said it is a 45 day due
diligence period. Councilman Frisch said if we were to get that land and we had a clean slate would we
have a different building. Mr. Wheeler said this is a fairly good use of the space. There are some things
we would like to look at to make it more viable for city offices to see if we can make it better.
Councilman Frisch said it is using a healthy amount of the FAR for the space. Mr. Wheeler said part of
the contract is we are buying a new building and that is the building we are buying. Councilman Frisch
asked is there an option to just buy the land and not the approvals. I want to make sure that we are not
just taking what happens to be there. Mr. Wheeler said we have not been offered just the land.
Councilman Frisch said there is no great option in the City of Aspen to put 50,000 square feet and not
cause heart ache to people. People talked about having a vote in November. What Bruce is talking about
is a completely different plan. I don’t want to make a decision because I’m spiteful over a lawsuit or
because a developer will make some money. Given it is a viable option, I’m good with giving it a sincere
look.
Councilman Myrin said he agrees with Adam’s last sentence or two. Aspen is growing and 517 will keep
the Rio Grande open. This is a more marketable building 50 years down the road. He supports this.
Councilwoman Mullins asked what is the 45 day date. Mr. Wheeler replied August 16. Councilwoman
Mullins said in terms of making a final decision it is the August 13 meeting. Mr. Wheeler said there are
two considerations with the July 30 date. Right now, I would consider we would revisit the current plan,
the one roof solution and the due diligence on this option. We will be working with the architect who
designed the building over there. Councilwoman Mullins said she would like to see the proposed
scheduling for the buildout and a summary of additional land use approvals and do we have any latitude
to change the design. Mr. Wheeler said we are having the conversation with Jessica on this. We are in a
tough spot since the building was approved under the old code. There is not a lot of leeway there.
Councilwoman Mullins said overall, she is really torn. Originally, I think we came up with the very best
solution. This is a band aid approach and does not adequately meet the needs and does not get people out
of the basement. It may be a 25 year solution and some subsequent council will have to work on this in
10 years. The other project is stalled and we do owe something to the staff to have a decent place to
work.
Councilman Hauenstein asked if it does require a modification of the land use it is considered a
referendum act.
Andrea Bryan, assistant city attorney, said she cannot definitively say that. It may end up in the same
situation we are in now that requires a court.
Councilman Hauenstein said it is troubling for me that two citizens of Aspen were persuaded by a non
resident as a puppeteer. There were 38 public meetings dating back to 2014 and landed at the approved
37,000 square feet. I want to make sure the community knows that the pending litigation is costing the
community millions of dollars a year. Compromises were made to satisfy the public and you too Toni. It
is accepted by all parties that the city needs new offices. It is important to get new offices built as soon as
possible but I don’t want to get rushed into making a temporary solution to a longer term problem. I want
to get the right solution to start with. It took years to decide on the Galena parcel. Some of the factors
that should be factored in include does the site fulfill our current and projected future need for the City of
Aspen, is it as green as it can be, is it the most efficient for staff, has it been fully and publicly vetted, is it
an efficient use of tax payer funds, what are the unknowns in construction that can or will affect cost, is or
should it be subject to a public vote, what are the construction impacts to the town, best customer service
to the community, and reduce congestion and parking demands in the core. If we decide tonight to enter
into contract it stands unless we have a meeting to withdraw that. I feel strongly that if we were going to
look at another solution we need to look at all the solutions. I understand Bert’s concerns about adding
more construction to town. I believe in public private partnerships and think we could work with Mr.
Hunt and make this work. Is it the best solution, I’m not convinced it is. I think the decision to move to
P79
VI.e
Special Meeting Aspen City Council July 2, 2018
3
the Galena /armory solution is. The integrity of government requires we honor our commitments.
Council in the past has dishonored its commitments and is setting a precedent here again. The lawsuits
here are based on flawed foundations and costing the town valuable time and resources. I cannot support
this. I do not want to have a special meeting to withdraw the approval. We have no assurances that 517
won’t end up in a lawsuit. We owe it to the employees to give them a good place to work.
Laurie Winterman said the idea to go from here across the street is phenomenal. The park is phenomenal.
You would be slicing off park vitality having the building by the park.
Mayor Skadron thanked Lorenzo for his comments. What I can’t understand is why a 40,000 square foot
building once built that juxtaposed current with historic, cleared away 100 year old cottonwood trees,
added zero affordable housing and used COPs got no pushback is complete hypocrisy. The one question
I can’t answer is this. I’m unable to gauge the level of tolerance the community has for the premiums
were spending for the most efficient, least expensive option. Where we are now is 12 million in
additional costing. Factored into this is another 12 million dollars. We have the legal fees and
construction delays. Where I believe we should go is ultimately a vote. It should be one of options. A at
X cost, B at 2 X and C at a percentage of X. To get those numbers I think we need to enter into the due
diligence.
Councilman Frisch said some think we could have a vote in November without entering into the due
diligence.
Mark Hunt said he is truly trying to be part of the solution here. He said he appreciates the comments as
well. This is not the Mark Hunt project. There is an issue and there is a solution. The plan that tied this
together was a one roof solution. To me it is relatively simple. The biggest tragedy is the park is 15 – 20
million dollars. To put an office building there is a colossal miss. We are all better than that. If you want
to go to the vote you may have had it right. I’m a fan of having the city in the core. I think it is a way
better solution.
Mayor Skadron said thank you, I believe you when you say you want to be part of the solution. He asked
about the possibility of a vote. Mr. Hunt replied I can’t. I have someone who is prepared to take that
space and is waiting on council. If this isn’t something you believe in and isn’t the direction to go I
would rather know sooner than later. I need to move forward too.
Councilwoman Mullins said she supports going ahead with the due diligence.
Councilman Myrin moved to approve Resolution #99, Series of 2018; seconded by Councilman Frisch.
Roll call vote. Councilmembers Mullins yes; Frisch, yes; Hauenstein, no; Myrin, yes; Mayor Skadron,
yes. Motion carried.
At 6:30 p.m.; Councilman Frisch moved to adjourn; seconded by Councilwoman Mullins. All in favor,
motion carried.
Linda Manning
City Clerk
P80
VI.e
TO: Mayor Skadron and Aspen City Council
FROM: Garrett Larimer, Planner Tech
THRU: Jessica Garrow, Community Development Director
RE: Resolution #102, Series of 2018
315 E. Dean St.
MEETING DATE: July 9, 2018
APPLICANT: 315 E Dean Associates,
Inc., c/o St. Regis Aspen Resort,
315 E Dean St., Aspen, CO 81611
REPRESENTATIVE: Alan Richman,
Alan Richman Planning Services,
Inc., PO Box 3613, Aspen, CO
81612
LOCATION: 315 E. Dean Street
CURRENT ZONING: Lodge (L) with a
PD Overlay
SUMMARY: The applicant is seeking
temporary use approval for ten
dining yurts to be placed in th
Chefs Club Courtyard on the St
Regis property. The applicant is
requesting approval of a total of
135 days throughout the 2018
2019 Winter Season.
MEMORANDUM
Mayor Skadron and Aspen City Council
Garrett Larimer, Planner Tech
Jessica Garrow, Community Development Director
Resolution #102, Series of 2018 - Temporary Use Request
315 E. Dean St.
315 E Dean Associates,
Inc., c/o St. Regis Aspen Resort,
315 E Dean St., Aspen, CO 81611
Alan Richman,
Alan Richman Planning Services,
Inc., PO Box 3613, Aspen, CO
Lodge (L) with a
The applicant is seeking
ten
placed in the
the St
Regis property. The applicant is
requesting approval of a total of
2018-
STAFF RECOMMENDATION: Staff recommends
approval of the applicant’s request for a
one-hundred and thirty-five (135
temporary use approval, in addition to the
forty (40) day temporary use approval
granted via Resolution #158, Series of 2017
Staff recommends approval based on the
location of the proposed yurts, the limited
impact on the surrounding area, a
use being consistent with the allowed and
expected uses of a Lodge in this zone
district.
Page 1 of 4
Temporary Use Request – St Regis,
Staff recommends
the applicant’s request for a
ve (135) day
, in addition to the
forty (40) day temporary use approval
granted via Resolution #158, Series of 2017.
Staff recommends approval based on the
, the limited
impact on the surrounding area, and the
consistent with the allowed and
expected uses of a Lodge in this zone
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REQUEST OF CITY COUNCIL:
· Temporary and Seasonal Use Review (Section 26.450.030)
The applicant is requesting Temporary Use approval related to dining yurts in the
Chefs Club Courtyard in accordance with Chapter 26.450 of the Land Use Code.
The applicant is requesting use of the yurts from December 2018 through April 14,
2019 for a total of one-hundred and thirty-five (135) days. The Code allows City
Council to grant temporary use approval for up to 180 consecutive days within a
calendar year. City Council is the final review authority.
LOCATION/BACKGROUND: The St Regis Aspen Residence Club and Hotel Condominium is
located in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen
Mountain Subdivision was approved via Ordinance 14 Series 1985. The lot is 128,941
square feet and is bordered to the east by S Mill St., to the west by S Monarch St. and to
the north by E. Dean St. The property received a PD Amendment in 2003 that altered
the programming of the Hotel. Ordinance No. 25, Series 2003 allowed the conversion of
98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit,
and other changes to common elements such as the spa and hotel offices.
CURRENT REQUEST: The
applicant is requesting
temporary use approval to
erected dining yurts in the
Chefs Club Courtyard. The
dining yurts will be used as
an alternative dining option
for patrons of the Chefs
Club Restaurant. The
applicant is requesting use
of the dining yurts from
December 2018 through
April 14, 2019, for a total of
135 days. The applicant
received temporary use approval for a total of 40 days for various temporary use
structures on site via Resolution #158, Series of 2017.
The code provides Council the ability to approve temporary use requests for up to 180
days per year. The applicant received temporary use approval via Resolution #158,
Series of 2017 for 40 days per year, and 5 annual recurrences. If the current request is
approved, the total number of days in 2018 in which the St Regis is granted approval for
temporary use structures would be 71, 40 from the Resolution #158 and 31 from the
current request. The total number of days in which a temporary use structure was
approved in 2019 would be 144 days, 40 from the Resolution #158 and 104 from the
current request. If Council approves the request, the applicant would fall below the
maximum number of days allowed for temporary use structures during the year.
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IX.a
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There are ten yurts included in the request. Each yurt is approximately 9 feet tall, and
three sizes will be used; 8’, 10’, and 12’ in diameter. The total square footage for all 10
yurts would be approximately 798 square feet and the yurts would seat between 60-64
guests total.
STAFF COMMENTS: Staff has reviewed the
applicant’s request against the relevant
review criteria and finds the following:
The proposed temporary use request at
the St Regis is consistent with what one
would expect to see in a Lodge zone
district. The intent of the Lodge zone
district, especially in the Mountain Base
area, is to provide guest services and
amenities that enhances Aspen’s resort
based economy. The proposed dining
yurts would further enhance the St Regis’
ability to provide services to their guests,
and provides a unique dining option in
the City of Aspen.
The proposed location of the yurts would
have a minimal impact on the
surrounding area. The Chefs Club
Courtyard is surround on three sides by
the St Regis Property and the yurts would
be located in a sunken courtyard with
limited visibility from the right of way. Due
to the location, the yurts would not be
visible from the downtown core. The yurts
are constructed of a wood frame, with
canvas tent material covering the
structure, which is consistent with
materials used in other temporary
structures throughout town. The
applicant has indicated any lighting
would be inside the yurts. Any outdoor
lighting will be required to comply with the outdoor lighting requirements. Noise from
the dining yurts would be minimal, and any music would be background music played
inside the yurts. The applicant has indicated that the St Regis has an interest in keeping
noise to a minimum as the hotel guests would be most affected by additional noise
from the yurts. The Chefs Club operating hours are from 6-10PM nightly and for lunch 3
days a week, so any noise that results from the use of the yurts would be generally
P83
IX.a
Page 4 of 4
limited to those times. Additionally, the city’s noise regulations will apply and all noise
must be within that decibel level.
The applicant will be required to submit a tent permit, all mitigation fees generated
from the additional square footage will be collected upon issuance of the tent permit. If
Council approves the request, it will be a condition of the approval that the applicant
comply with accessibility and emergency ingress/egress requirements. The applicant
has been informed of this requirement and will work with the Aspen Fire and Building
Department to ensure compliance.
Growth Management:
The applicant has requested approval for the use of the dining yurts for 135 days during
the ’18-’19 winter season. The code Includes a 14-day credit to be applied toward the
affordable housing mitigation calculation for temporary use structures. This credit was
applied toward the affordable housing mitigation calculation as part of Resolution
#158, Series of 2017. The applicant will be responsible for mitigation for all 135 days
requested. All ten yurts measure approximately 797.96 sq. ft., requiring $6,187.96 in
mitigation.
STAFF RECOMMENDATION: Staff recommends approval of the applicant’s temporary use
request, finding the request meets the review criteria.
PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): “I move to approve Resolution #102 Series of
2018 to allow the erection of dining yurts in the Chefs Club Courtyard at 315 E. Dean St.
for 135 days during the 2018-2019 winter season.”
Attachments:
Exhibit A – Temporary Use Review Criteria
Exhibit B – Affordable Housing Mitigation
Exhibit C – Commercial Design Guidelines
Exhibit D – Application
P84
IX.a
1
RESOLUTION NO. 102
(SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE OF DINING YURTS IN THE CHEFS CLUB COURTYARD AT 315
E. DEAN STREET, LEGALLY DESCRIBED AS LOT 1, OF THE FIRST AMENDED
PLAT OF ASPEN MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-85-001
WHEREAS, the Community Development Department received an application from
Alan Richman of Alan Richman Planning Services, on behalf of 315 E Dean Associates, Inc.
requesting Temporary Use approval to erect dining yurts on site from December 2018 through
April 14, 2019; and
WHEREAS, the applicant received temporary use approval via Resolution #158, Series
of 2017 to erect various temporary use structures on site for a total of forty (40) days per year;
and
WHEREAS, the applicant received approval for five (5) annual recurrences through
2022, with the ability to apply for an administrative approval to be granted by the Community
Development Director for five (5) additional years, through 2027; and
WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may
grant a temporary use approval for up to 180 days, and no more than ten (10) annual recurrences;
and
WHEREAS, the City Council reviewed the application and considered the Temporary
Use proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, and has
taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the City Council approves the dining yurts, allowing for the temporary use
for one-hundred and thirty (135) days during the 2018-2019 winter season; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves a Temporary Use request to allow the erection of
dining yurts on the subject site, in the Chef’s Club Courtyard, for 135 days from December 1,
2018-April 14, 2019, with the following conditions:
1. The applicant is required to comply with all outdoor lighting requirements.
2. The applicant is required to provide adequate accessible seating per building code
P85
IX.a
2
requirements. The applicant will work with the Building Department and Fire
Department to determine all accessibility requirements and submit that plan with the tent
permit application.
3. The applicant is required to comply with all ingress and egress requirements.
Section 2:
Temporary structures that are approved on a site for a period greater than fourteen (14) days are
subject to growth management review, resulting in affordable housing mitigation. The
applicant received temporary use approval via Resolution #158, Series of 2017 and the 14-day
credit toward the affordable housing mitigation was applied to that request, so the applicant will
be required to mitigate for the entire one-hundred and thirty-five (135) day request. Staff has
calculated the affordable housing mitigation due based on the fees in 2018, as $6,187.96. Fees
must be paid prior to the placement of any structures on the site. The methodology is shown in
Exhibit A.
Section 3:
A tent permit approval, including verification from the Aspen Fire Department that the structure
meets all necessary safety requirements, is required prior to the erection of the temporary structure.
Section 4:
All material representations and commitments made by the Applicant pursuant to the
temporary use proposal as herein awarded, whether in public hearing or documentation presented
before the City Council, are hereby incorporated in such plan development approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 5:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the City Council of the City of Aspen on this 9th day of July 2018.
Steven Skadron, Mayor
Attest:
Linda Manning, City Clerk
P86
IX.a
3
Approved as to form:
James R. True, City Attorney
Attachments:
Exhibit A – Affordable Housing Mitigation Methodology
Exhibit A
Affordable Housing Mitigation Requirements
Methodology:
Chefs Club Dining Yurts:
· 797.96 sq. ft./ 1,000 sq. ft. = .798 sq. ft.
· .798 sq. ft. x 4.7 FTEs = 3.75 FTEs
· 3.75 FTEs x 65% mitigation rate = 2.25 FTEs to be mitigated if structures are
in use 100% of the year
· 2.25 FTEs / 365 days per year = .00616438356 daily rate
· .00616438356 x 135 days = .8321918 FTEs
· .8321918 x $223,072 cash-in-lieu rate = $185,638.69
· $185638.69/30-year lifespan = $6,187.96 due for mitigation of the structure
for a period of 135 days.
TOTAL DUE $ 6,187.96
P87
IX.a
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Exhibit A
Exhibit A
Temporary and Seasonal Use Review Criteria
Section 26.450.030. Criteria applicable to all
temporary uses.
When considering a development application for a temporary use or an
insubstantial temporary
use, the Community Development Director or City Council shall consider, among
other pertinent factors, the following criteria as they or any of them, relate
thereto:
Summary of Review Criteria for Section 26.450.030 - Temporary and
Seasonal Uses . See Exhibit A for detailed comments.NOT MET
DOES NOT
APPLY
When considering a development application for a temporary use or an
insubstantial temporary use,
the Community Development Director or City Council shall consider,
among other pertinent factors,
the following criteria as they or any of them, relate thereto:
A. The location, size, design, operating characteristics and visual
impacts of the proposed use MET
B. The compatibility of the proposed temporary use with the character,
density and use of
structures and uses in the immediate vicinity. MET
C. The impacts of the proposed temporary use on pedestrian and
vehicular traffic and traffic patterns, municipal services, noise levels and
neighborhood character.
D. The duration of the proposed temporary use and w hether a
temporary use has previously been approved for the structure, parcel,
property or location as proposed in the application.
E. The purposes and intent of the zone district in which the temporary
use is proposed
F. The relation of the temporary use to conditions and character
changes which may have occurred
in the area and zone district in which the use is proposed.
G. How the proposed temporary use will enhance or diminish the
general public health, safety or welfare.
MET
MET
MET
MET
MET
Review Criteria for 315 E Dean St. - Tempoarary and Seasonal Use Review
The applicant is requesting Temporary Use Approval for dining yurts to be placed in the Chefs
Club Courtyard for one-hundread and thirty-five days during the 2018-2019 winter season. The
application must satisfy the review criteria for the Temporary and Seasonal Use Section 26.450.030
MET
P88
IX.a
Page 2 of 4
Exhibit A
A. The location, size, design, operating characteristics and visual impacts
of the proposed use.
Staff Response: The applicant is requesting approval for the use of ten (10) dining
yurts to be located in the Chef’s Club Courtyard. The Chef’s Club Courtyard is
adjacent to Mill Street and recessed (~10 ft.) from street level in a sunken
courtyard. The applicant has indicated the yurts are approximately 9’ tall. Three
sizes will be used, 8’, 10’, and 12’ in diameter (~50-sq. ft., 78-sq.-ft., 113-sq.ft.,
respectively). The total area is approx. 798-sq. ft. total.
The yurts will not have any lighting outside, all lighting will be on the inside of the
yurts. The yurts will be in use during the Chefs Club’s normal hours of operation,
from 6-10PM each night and during lunch 3 days a week. Staff finds this criterion
to be met.
B. The compatibility of the proposed temporary use with the character,
density and use of structures and uses in the immediate vicinity.
Staff Response: The St Regis is located in the Lodge zone district with a PD
overlay. The proposed use is consistent with the programming of a lodge, and
the uses in the surrounding area. The Chefs Club courtyard is used for outdoor
dining during other months of the year, the use of dining yurts would be
consistent with the most common use of that space. The use of the temporary
structures would have a minimal impact on the immediate vicinity. Staff finds
this criterion to be met.
C. The impacts of the proposed temporary use on pedestrian and vehicular
traffic and traffic patterns, municipal services, noise levels and neighborhood
character.
Staff Response: As mentioned before, the use would be consistent with the
neighborhood character. The temporary structures would be used by the Chefs
Club restaurant, one of a number of restaurants at this property. The additional
seating capacity would be approximately 60-64 guest which is a relatively
limited increase in seating capacity and would have negligible increases is
traffic or services to the area. The increases in seating capacity is limited when
compared to the seating capacity in other seasons in which outdoor dining is
currently offered. All deliveries for the restaurant will continue to use the main
loading zone off Dean St. The applicant indicated that no outdoor music will be
used, only background music within the yurts. The St Regis has an interest in
keeping noise levels low, as their guests would be most affected by any
additional or offensive noise coming from the Chefs Club courtyard. All city
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IX.a
Page 3 of 4
Exhibit A
noise requirements continue to apply. Staff finds this criterion to be met.
D. The duration of the proposed temporary use and whether a temporary
use has previously been approved for the structure, parcel, property or location
as proposed in the application.
Staff Response: The applicant has requested approval for use of the yurts for a
total of 135 days, 31 in December 2018, and 104 during the 2019 Winter Season.
The applicant received approval for use of additional temporary special event
structures on site for a total of 40 days via Resolution #158, Series of 2017. City
Council can grant approval for the use of temporary structures up to 180 days,
the total request falls below the maximum that can be approved. The applicant
received annual recurrences for the special event temporary use structures, no
annual recurrences are requested as part of this application. Staff finds this
criterion to be met.
E. The purposes and intent of the zone district in which the temporary
use is proposed.
Staff Response: The purpose of the Lodge zone district is to encourage the
operation of lodges, tourist-oriented multi-family buildings, high occupancy
timeshares, and ancillary uses compatible with lodging to support the City’s
resort economy. The temporary use would support that purpose. Staff finds this
criterion to be met.
F. The relation of the temporary use to conditions and character changes
which may have occurred in the area and zone district in which the use is
proposed.
Staff Response: The St Regis and surrounding zone district encourage guest
services that enhance the City’s resort oriented economy. This temporary use
structure would further the Chefs Club and St Regis’ ability to accommodate
guests throughout the year. Staff finds this criterion to be met.
G. How the proposed temporary use will enhance or diminish the general
public health, safety or welfare.
Staff Response: The proposed use would help to enhance the St Regis’ ability to
accommodate guest throughout the year. The community’s general welfare will
be enhanced through the addition of additional dining options and capacities
that directly reflect on the seasons, visitor based resort economy. Staff finds this
criterion to be met.
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Exhibit A
P91
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Exhibit B
Exhibit B
Growth Management Affordable Housing Calculation
Section 26.470.090(I) Temporary uses and Structures. The development of a
temporary use or structure shall be exempt from growth management, subject
to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary
external airlocks shall only be exempt from the provisions of this Chapter if
compliant with applicable sections of Commercial Design Review – Chapter
26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal
Uses. Tents, external airlocks, and similar temporary or seasonal enclosures
located on commercial properties and supporting commercial use shall only be
exempt from the provisions of this Chapter, including affordable housing
mitigation requirements, if compliant with applicable sections of Commercial
Design Review – Chapter 26.412, if erected for 14 days or less in a 12-month
period, and approved pursuant to Chapter 26.450 – Temporary and Seasonal
Uses. Erection of these enclosures for longer than 14 days in a 12-month period
shall require compliance with Commercial Design Review – Chapter 26.412, and
compliance with the provisions of this Chapter including affordable housing
mitigation. Affordable housing mitigation shall be required only for the days in
excess of 14 in a 12-month period. Cash-in-lieu may be paid by-right. The
mitigation calculation shall include the expected lifespan of a building, which is
currently 30 years. For instance, a 500 sq. ft. tent proposed to be up for 21 days
shall only require mitigation for seven (7) days. The calculation would be as
follows:
Staff Response: The applicant received approval via Resolution #158, Series of
2017, for use of temporary structures on site, and the 14-day credit was applied
toward the mitigation requirement for that approval, therefore, 100% of the days
requested as part of this application will be used for the calculation of the
mitigation requirements. Even though the request spans two calendar years, the
mitigation calculation will be for one year from the date of approval. The request
is through the April 14th, if the applicant intends to use the yurts the following
year, they will be required to submit another application. All mitigation will be
collected upon issuance of the tent permit. See the calculation of the mitigation
requirements below:
Methodology:
Chefs Club Dining Yurts:
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IX.a
Page 2 of 2
Exhibit B
· 797.96 sq. ft./ 1,000 sq. ft. = .798 sq. ft.
· .798 sq. ft. x 4.7 FTEs = 3.75 FTEs
· 3.75 FTEs x 65% mitigation rate = 2.25 FTEs to be mitigated if structures are
in use 100% of the year
· 2.25 FTEs / 365 days per year = .00616438356 daily rate
· .00616438356 x 135 days = .8321918 FTEs
· .8321918 x $223,072 cash-in-lieu rate = $185,638.69
· $185638.69/30-year lifespan = $6,187.96 due for mitigation of the structure
for a period of 135 days.
TOTAL DUE $ 6,187.96
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Exhibit C
Exhibit C
Commercial Design Review Criteria
26.412.060. Commercial Design Review Criteria.
An application for commercial design review may be approved, approved with
Summary of Review Criteria for Section 26.412.060 - Commercial
Design Review and the Commercial Design Guideline Review for the
General Guidelines and Mountain Base Area Guidelines. See Exhibit
C for detailed comments.NOT MET
DOES NOT
APPLY
26.412.060. Commercial Design Review Criteria.
An application for commercial design review may be approved,
approved with conditions or denied based on conformance with the
following criteria:
A. Guidelines and Standards
1. The Commercial, Lodging and Historic District Design Standards
and Guidelines are met as determined by the appropriate
Commission. The Standards and Guidelines include design review
criteria that are to be used to determine whether the application is
N/A
2. All applicable standards in the Commercial, Lodging and Historic
District Design Standards and Guidelines shall be m et unless granted
a Variation pursuant to Section 26.412.040.D, Variations.
3. Not every guideline will apply to each project, and some
balancing of the guidelines must occur on a case-by-case basis. The
applicable Commission must:
a. determine that a sufficient number of the relevant guidelines are
adequately met in order to approve a project proposal;
3b. weigh the applicable guidelines with the practicality of the
measure.
Commercial Design Guidelines:
General
1.22 Complete and accurate identification of materials is required.
Commercial Design Guidelines:
Mountain Base
6.2 Place building into the topography to minimize visual impacts from
downtown and to reinforce a strong relationship to the mountain.
6.4 Incorporate open space into building placement and site design.
6.7 Carefully plan parking areas and loading zones to minimize visual
impact.
MET
MET
MET
MET
MET
Review Criteria for 315 E Dean St. - Commercial Design Review
The applicant is requesting Temporary Use Approval for dining yurts to be placed in the Chefs
Club Courtyard for one-hundread and thirty-five days during the 2018-2019 winter season. The
application must satisfy the review criteria for the Commercial Design Review and the
Commercial Design Guidelines - Section 26.412.060
MET
MET
MET
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IX.a
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Exhibit C
conditions or denied based on conformance with the following criteria:
A. Guidelines and Standards
1. The Commercial, Lodging and Historic District Design Standards and
Guidelines are met as determined by the appropriate Commission. The
Standards and Guidelines include design review criteria that are to be used
to determine whether the application is appropriate.
Staff Response: Temporary Use applications do not require review by Planning and
Zoning or Historic Preservation. The application is considered by City Council and
a determination on the appropriateness of the application. The review criteria for
the Commercial Design Review is below. Staff finds this to be not applicable.
2. All applicable standards in the Commercial, Lodging and Historic District
Design Standards and Guidelines shall be met unless granted a Variation
pursuant to Section 26.412.040.D, Variations.
Staff Response: All standards and applicable Guidelines have been met. Staff finds
this criterion to be met.
3. Not every guideline will apply to each project, and some balancing of the
guidelines must occur on a case-by-case basis. The applicable Commission
must:
a. determine that a sufficient number of the relevant guidelines are
adequately met in order to approve a project proposal;
b. weigh the applicable guidelines with the practicality of the measure.
Staff Response: The relevant Guidelines are listed below. Staff finds they are met.
Commercial Design Guidelines:
General
1.22 Complete and accurate identification of materials is required.
Staff Response: The applicant provided images of typical yurts that indicate
materials. The primary materials to be used are wood and canvas, which is
consistent with approved materials for other temporary structures in similar
locations. Staff finds this criterion to be met.
Mountain Base
P95
IX.a
Page 3 of 3
Exhibit C
6.2 Place building into the topography to minimize visual impacts from downtown
and to reinforce a strong relationship to the mountain.
Staff Response: The location of the proposed yurts in the Chefs Club Courtyard.
The yurts will be mostly shield from view as seen from the adjacent right of way
due to the sunken courtyard and fact that the structures will surrounded on three
sides by the St Regis property. Staff finds this criterion to be met.
6.4 Incorporate open space into building placement and site design.
Staff Response: The proposed structures are on existing courtyard areas on the
interior of the property. The proposed yurts will allow guests to utilize the outdoor
spaces on property during the winter months. Staff finds this criterion to be met.
6.7 Carefully plan parking areas and loading zones to minimize visual impact.
Staff Response: Since the yurts will only be set up and removed once, the parking
impact from the installation of the temporary use structures will be minimal. During
that time, on street parking and loading zones on the property will be used. The
disturbance will be temporary and not a significant visual disturbance. Staff finds
this criterion to be met.
P96
IX.a
P97
IX.a
P98
IX.a
P99
IX.a
P100
IX.a
P101
IX.a
P102
IX.a
P103
IX.a
P104
IX.a
P105
IX.a
P106
IX.a
P107
IX.a
P108
IX.a
P109
IX.a
P110
IX.a
P111
IX.a
P112
IX.a
P113
IX.a
P114
IX.a
P115IX.a
P116
IX.a
P117
IX.a
P118
IX.a
P119
IX.a
P120
IX.a
00T
July 4tb, 2018
Mr. Queer,
I reviewed your recent court ruling regarding your booting practices and excessive fees.
My issue is the same as Christine Kemp. Your behavior was unreasonable a,your financial
demands excessive and double permitted legal caps that are under dispute yet you threatened
me with further hardship and fees if I did not pay you.This is extortion.
The judge has already ruled that your fees are excessive and your practices wrong. The law
obliges you to behave in a reasonable manner, private lot or public lot makes no difference.
The Supreme Court of Colorado just ruled over this exact matter.You are not permitted to be
judge jury and executioner. I requested that you be reasonable and give me a chance to take
this matter to court and the city and you refused. You threatened me by calling a tow company
knowing you were incurring a further several hundred dollar fee for me and removing my only
vehicle.This is exactly the issue that the Supreme Court upheld.You are not permitted to do
this. Not everyone will take you to court but your practices need to follow the law and the legal
precedent has been set.
I want you to return the money to Officer Deere. I want to ensure that your contract is changed
to comply with the law and that your fees are capped to something that is reasonable for
Colorado law.The fees for Denver are capped at$100 and this is currently being lowered by the
City Council as it is too high. I am willing to avoid court action if you agree to do the above but
you made it very clear today that you preferred to go before the court and the City Council It is
up to date.
I have prepared the paperwork which I will hold off filing for a couple of days.You can text me
or email me at 970-820-8540
Sincerely
1"'k"
Amanda Tucker
970-820-8540
County Court Pitkin County, Colorado
Court Address:
506 East Main Street.
Aspen, Co 81611
Plaintiff(s):
Amanda D Tucker
V.
Defendant(s):
COURT USE ONLY
Britt Queer for Pinion and Pines
PO box 9165, Aspen, Co 81612
Tel :970-379-0538
Jeff Watkins Agent for Puppy Smith LLC
Tel: 970-948-0250
Attorney or Party Without Attorney (Name and Address):
Amanda D Tucker Case Number:
PO Box 2344
Aspen, Colorado 81611
Phone Number: 970-820-8540 Division Courtroom
E-mail: atuckermdCrDvahoo.com
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
On Wednesday July 41h, 2018 plaintiff shopped at Clarkes Market first thing in the morning.
July 4' is a National Holiday and the large parking lot was deserted with most of the business
being closed.
Plaintiff parked her car and saw no signs advertising that her car would be booted if she parked
in this lot.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Plaintiff drives a 4ft Smart Car, the smallest car on the road and has never had a parking ticket in
the City of Aspen.
Plaintiff volunteered as a race marshal for the Buddy Program 5 mile run. Her station was the Rio
Grande Bridge, within 50 feet of her parked car.
At the end of the race plaintiff purchased some water from Clarkes Market and went to
volunteer at the Wheeler Opera House but did not move her car.
At the end of the parade she returned and found a boot had been placed on her car.
She was approached by defendant Britt Queer and told that she was required to pay a $200 fee
to have this device removed. Plaintiff explained that she did not have $200.
Mr. Queer then picked up his cell phone and called a towing company to have plaintiff's car
towed and impounded.
Mr. Queer advised plaintiff that there was no leniency whatsoever, he did not care what she had
been doing or that it was a public holiday where no street parking was allowed.
Plaintiff advised Mr. Queer thats he was going to get ask the assistance from the Aspen Police
Department. She was accompanied by Officer Dan Deere.
The parties were met by Mr. Queer and Mr. Jeff Watkins who is the property manager for Puppy
Smith LLC who own the real property and parking lot. Officer Deere made it very clear that he
simply there to assist plaintiff.
Mr. Watkins told Officer Deere that "he did not appreciate the police interfering with his
business. "
Mr. Watkins made it very clear that Mr. Queer was a "parking contractor "and held a contract
with the real property company and since it was a private lot, he could do what he wanted.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Mr. Watkins advised both parties that it was Mr. Queer's right to boot whoever he wanted and
there were no exceptions.
Mr. Watkins, who wanted to remain anonymous and would not give his name, then
contradicted himself telling Officer Deere that today he had allowed parade goers to park in the
lot since street parking was removed. This however did not apply to plaintiff who had stayed
later to help clean up as a volunteer.
Mr. Watkins and Mr. Queer told plaintiff and Officer Deere that they were not interested as to
why the volunteer work meant she had stayed later than the other vehicles he had permitted to
park
Mr. Watkins told plaintiff that her car would be towed as now it was booted and not driveable it
was taking up a valuable parking spot.
The only option was to pay Mr. Queer$200 now or pay it later and pay the towing company and
lose the use of her car
Plaintiff suggested that Mr. Queer simply release her car, allow her to take the matter to the city
Council and Small Claim Court and Mr. Watkins and Mr. Queer refused.
Mr. Watkins did advise both parties that "going to court would not go well "since this was a
private parking lot and they could do and charge what they wanted.
Plaintiff later learned that Mr. Queer had recently been sued by a similar customer whose car
was booted for no reason and the judge ruled against him requiring a refund of the charges
Plaintiff later learned that the Supreme Court of Colorado had recently ruled for the owner of a
car who had a boot placed without opportunity to challenge the actions.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Plaintiff later learned that the Metropolitan Denver has a cap on boot fees of$100 and this is
before the City Council for reduction.
Mr. Queer and Mr. Watkins charge double this already inflated amount, now being reduced in
Denver .
Officer Deere kindly paid the fee to prevent Mr. Queer and Mr. Watkins impounding her car to
be repaid later.
Legal Argument
Booting in Colorado is traditionally reserved for individuals who do not pay parking tickets.
Theoretically they have been given an opportunity to respond. Even in this circumstance the
Supreme Court of Colorado has ruled that everyone is entitled to the due process before they
are ruled against.
These constitutional rights apply either on or off a private parking lot, contrary to the assertions
and reasonings of Mr. Watkins.
Mr. Watkins and Mr. Queer do not permit this. Their actions are contrary to the ruling of the
Supreme Court of Colorado.
Mr. Queer has recently.been sued for his behavior and astronomical fees which are double those
of metropolitan Denver. The judge rules that is behavior and fees were unlawful and had to be
repaid.
Aspen residents required to charge only what is legally permitted in the State of Colorado and
that a cap be placed on Mr. Queers fees to reflect the law of Colorado.
There is no reason why grocery stores in Aspen should charge double the boot cap_fee in
Colorado and deny their customers any due process.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Relief Requested
Plaintiff requests she be treated the same as the rest of the parade goers and Mr. Queer be
required to refund the $200 received from Officer Deere.
Aspen residents required to charge only what is legally permitted in the State of Colorado and
that a cap be placed on Mr. Queers fees to reflect the law of Colorado.
Respectfully Submitted
Defendants) Signature
Amanda D Tucker
VERIFICATION
I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.
Executed on the 11' day of June 2018 at Aspen Colorado
Amanda D Tucker
Signature of Defendant(s)
Amanda DTucker
PO Box 2344
Aspen,Colorado 81612
atuckermd@yahoo.com
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
CERTIFICATE OF SERVICE
I certify that on June 11'h, 2018 a true and accurate copy of this ANSWER UNDER SIMPLIFIED CIVIL
PROCEDURE was served on all other parties by electronic mail and by placing it in the United States
mail, postage pre-paid, and addressed to the following:
Amanda D Tucker n�
PO Box 2344 �GGC dY
Aspen, Colorado 81612
atuckermd@yahoo.com
Defendant(s) Signature
Amanda D Tucker
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
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July 4th, 2018
Mr.Queer,
I reviewed your recent court ruling regarding your booting practices and excessive fees.
My issue is the same as Christine Kemp. Your behavior was unreasonable a,your financial
demands excessive and double permitted legal caps that are under dispute yet you threatened
me with further hardship and fees if I did not pay you.This is extortion.
The judge has already ruled that your fees are excessive and your practices wrong. The law
obliges you to behave in a reasonable manner, private lot or public lot makes no difference.
The Supreme Court of Colorado just ruled over this exact matter.You are not permitted to be
judge jury and executioner. I requested that you be reasonable and give me a chance to take
this matter to court and the city and you refused. You threatened me by calling a tow company
knowing you were incurring a further several hundred dollar fee for me and removing my only
vehicle.This is exactly the issue that the Supreme Court upheld.You are not permitted to do
this. Not everyone will take you to court but your practices need to follow the law and the legal
precedent has been set.
I want you to return the money to Officer Deere. I want to ensure that your contract is changed
to comply with the law and that your fees are capped to something that is reasonable for
Colorado law.The fees for Denver are capped at$100 and this is currently being lowered by the
City Council as it is too high. I am willing to avoid court action if you agree to do the above but
you made it very clear today that you preferred to go before the court and the City Council It is
up to date.
I have prepared the paperwork which I will hold off filing for a couple of days.You can text me
or email me at 970-820-8540
Sincerely
Amanda Tucker
970-820-8540
FEast
n County, Colorado
eet.
Plaintiff(s):
Amanda D Tucker
V.
Defendant(s): COURT USE ONLY
Britt Queer for Pinion and Pines
PO box 9165, Aspen, Co 81612
Tel :970-379-0538
Jeff Watkins Agent for Puppy Smith LLC
Tel: 970-948-0250
Attorney or Party Without Attorney (Name and Address):
Amanda D Tucker Case Number:
PO Box 2344
Aspen, Colorado 81611
Phone Number: 970-820-8540 Division Courtroom
E-mail: atuckermd(rDvahoo.com
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
On Wednesday July 41h, 2018 plaintiff shopped at Clarkes Market first thing in the morning.
July 4`h is a National Holiday and the large parking lot was deserted with most of the business
being closed.
Plaintiff parked her car and saw no signs advertising that her car would be booted if she parked
in this lot.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Plaintiff drives a Oft Smart Car,the smallest car on the road and has never had a parking ticket in
the City of Aspen.
Plaintiff volunteered as a race marshal for the Buddy Program 5 mile run. Her station was the Rio
Grande Bridge, within 50 feet of her parked car.
At the end of the race plaintiff purchased some water from Clarkes Market and went to
volunteer at the Wheeler Opera House but did not move her car.
At the end of the parade she returned and found a boot had been placed on her car.
She was approached by defendant Britt Queer and told that she was required to pay a $200 fee
to have this device removed. Plaintiff explained that she did not have $200.
Mr. Queer then picked up his cell phone and called a towing company to have plaintiff's car
towed and impounded.
Mr. Queer advised plaintiff that there was no leniency whatsoever, he did not care what she had
been doing or that it was a public holiday where no street parking was allowed.
Plaintiff advised Mr. Queer thats he was going to get ask the assistance from the Aspen Police
Department. She was accompanied by Officer Dan Deere.
The parties were met by Mr. Queer and Mr. Jeff Watkins who is the property manager for Puppy
Smith LLC who own the real property and parking lot. Officer Deere made it very clear that he
simply there to assist plaintiff.
Mr. Watkins told Officer Deere that "he did not appreciate the police interfering with his
business. "
Mr. Watkins made it very clear that Mr. Queer was a "parking contractor"and held a contract
with the real property company and since it was a private lot, he could do what he wanted.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Mr. Watkins advised both parties that it was Mr. Queer's right to boot whoever he wanted and
there were no exceptions.
Mr. Watkins,who wanted to remain anonymous and would not give his name, then
contradicted himself telling Officer Deere that today he had allowed parade goers to park in the
lot since street parking was removed. This however did not apply to plaintiff who had stayed
later to help clean up as a volunteer.
Mr.Watkins and Mr. Queer told plaintiff and Officer Deere that they were not interested as to
why the volunteer work meant she had stayed later than the other vehicles he had permitted to
park
Mr. Watkins told plaintiff that her car would be towed as now it was booted and not driveable it
was taking up a valuable parking spot.
The only option was to pay Mr. Queer$200 now or pay it later and pay the towing company and
lose the use of her car
Plaintiff suggested that Mr. Queer simply release her car, allow her to take the matter to the city
Council and Small Claim Court and Mr. Watkins and Mr. Queer refused.
Mr. Watkins did advise both parties that "going to court would not go well "since this was a
private parking lot and they could do and charge what they wanted.
Plaintiff later learned that.Mr. Queer had recently been sued by a similar customer whose car
was booted for no reason and the judge ruled against him requiring a refund of the charges
Plaintiff later learned that the Supreme Court of Colorado had recently ruled for the owner of a
car who had a boot placed without opportunity to challenge the actions.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Plaintiff later learned that the Metropolitan Denver has a cap on boot fees of$100 and this is
before the City Council for reduction.
Mr. Queer and Mr. Watkins charge double this already inflated amount, now being reduced in
Denver .
Officer Deere kindly paid the fee to prevent Mr. Queer and Mr. Watkins impounding her car to
be repaid later.
Legal Argument
Booting in Colorado is traditionally reserved for individuals who do not pay parking tickets.
Theoretically they have been given an opportunity to respond. Even in this circumstance the
Supreme Court of Colorado has ruled that everyone is entitled to the due process before they
are ruled against.
These constitutional rights apply either on or off a private parking lot, contrary to the assertions
and reasonings of Mr. Watkins.
Mr. Watkins and Mr. Queer do not permit this. Their actions are contrary to the ruling of the
Supreme Court of Colorado.
Mr. Queer has recently.been sued for his behavior and astronomical fees which are double those
of metropolitan Denver. The judge rules that is behavior and fees were unlawful and had to be
repaid.
Aspen residents required to charge only what is legally permitted in the State of Colorado and
that a cap be placed on Mr. Queers fees to reflect the law of Colorado.
There is no reason why grocery stores in Aspen should charge double the boot cap.fee in
Colorado and deny their customers any due process.
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
Relief Requested
Plaintiff requests she be treated the same as the rest of the parade goers and Mr. Queer be
required to refund the $200 received from Officer Deere.
Aspen residents required to charge only what is legally permitted in the State of Colorado and
that a cap be placed on Mr. Queers fees to reflect the law of Colorado.
Respectfully Submitted
Defendant(s)Signature
Amanda D Tucker
VERIFICATION
I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.
Executed on the 11'"day of lune 2018 at Aspen Colorado
Amanda D Tucker
Signature of Defendant(s)
Amanda DTucker
PO Box 2344
Aspen,Colorado 81612
atuckermd@yahoo.com
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
CERTIFICATE OF SERVICE
I certify that on June 11th, 2018 a true and accurate copy of this ANSWER UNDER SIMPLIFIED CIVIL
PROCEDURE was served on all other parties by electronic mail and by placing it in the United States
mail, postage pre-paid, and addressed to the following:
Amanda D Tucker
Box
As
Aspen,Colorado 81612
atuckermd@yahoo.com
Defendant(s) Signature
Amanda D Tucker
MOTION FOR LAWFUL BOOTING AND CAPPING OF BOOT FEES IN ASPEN
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CAS .
TAx UaT fOG2W
Aspen Pitkin County Federal Tax Program Violations
Report or Noncompliance with Tax Credit Program
The following is a formal complaint with documentation of APHCA(Aspen Pitkin County Housing
Authority)violating the rules of the Federal Tax Program.
The following documents confirm noncompliance of APHCA and documents that it has failed to maintain
eligibility for tax credits.
Exhibit I Chapter 2:Program Compliance
Properties that do not consistently meet these requirements during this compliance period may be
subject to a denial or recapture of tax credits by the IRS
Exhibits 2 Tax Credit Rules Page 27
Paragraph 4:Tenant must initially certify for eligibility for the Tax Credit Program and annually
thereafter APHCA certified tenant between December 2017 and February 121',2018 when they
certified tenant and prepared and signed a lease the terms of the tease stated Paragraph 4 Page 26
that"the next annual re-certification must be completed by February 1',2019. Management will
contact resident by October 2018 to begin processing processing the necessary paperwork
APHCA violated this Rule and started making unlawful document demands and harassment within days
of certifying tenant as eligible
(Exhibit 3:Qualification of Households at Move in
Households must be qualified for low Income units prior to moving in or taking possession of the unit
s.Certification of residents after moving in may impact owner's ability to claim tax credits or the unit.
APHCA did certify tenant,prepare and sign a lease then made multiple unlawful demands and instituted
an eviction without good case
Exhibit 4 CHFA Compliance Manual 3.28 Assets Disposed of for less than fair Market Value
After two years the asset is no longer included
In April 2018,several weeks after qualification and lease signing,APHCA sent document demands
requiring verification of 2012 Bankruptcy and 2002 Prudential Bank Account
APHCA then violated the Federal Tax Program Rules by instituting an eviction that was not for good
cause,knowingly misrepresenting the compliance requirements of the Federal Tax Credit Program
chapter 2
Program Compliance
This Ehapter outlines the overall requirements properties-must meet to maintain eligibility for fax credits.
Pr6p4rties•that do not consistently meet these requirements during the compliance period may be
subject to a denial or recapture of tax credits by the IRS.
2.1 Rent Restrictions; IRC Section 42(g)(2)(B)
Units set aside as low-income must be rent-restricted as required by Section 42(g)(2)of the Code. A
unit is considered to be rent-restricted if the"gross rent' does not exceed 30 percent of the applicable
income limit.
CHFA publishes income and rent limit tables annually based on the Multifamily Tax Subsidy Projects
(MTSP) income limits issued by HUD. This information is released each year, typically in the firstquarter,
and available at www.chfainfo.com/arh/asset/Pages/rent-income-limits.aspx.
Properties must implement new income and rent limits within 45 days of the date they are released by
HUD.
A. Gross Rent
The Code defines "gross rent" as resident-paid rent plus a utility allowance and any non-optional
fees.The allowance is used to cover any utilities a resident is required to pay other than telephone,
cable, or internet, unless the fee charged by the owner for telephone, cable, or internet is not
optional. For CHFA!s utility allowance policy, refer to.Section 2.3, Utility Allowances. Gross rent must
not exceed the applicable maximum rent as listed on the income and rent table in effect for the
property as of the date of certification.
B. Gross rent does not include
• housing assistance payments to the owner by HUD under Section 8 of the United States
Housing Act of 1937 or any comparable rental assistance program;
• rental assistance payments to the owner by Rural Development associated with loans made
under Section 515 of the Housing Act of 1949; or
• fees for supportive services (any service provided under a planned program of services
designed to enable residents of a residential rental property to remain independent).
C" Gross Rent Floor- Revenue Procedure 1994-57
Revenue Procedure 1994-57 allows the owner to establish minimum rent amounts that will not be
affected by fluctuations in income and rent limits. In other words, developments will never have to
charge gross rents(rent plus utilities and nonoptional fees) that fall below their established gross rent
floor amounts. To establish the gross rent floor, the owner makes an irrevocable election at either the
placed-in-service date or the allocation date. If no election is made, the default will be based on the
placed-in-service date.
5 [�
3.3 Whose Income is Included
Income for the following household members must be included.
• All adult members 18 years and older
• Emancipated minors(either married or emancipated from the family)
• Household members,children, and students who receive unearned income
• Temporarily absent family members
• Full-time students who are head, co-head, or spouse(include all income)
• Full-time students who are age 18 and older, and not head, co-head, or spouse (include all
unearned income and only the first $480 of earned income)
• Fill-time students under age 18 (include only unearned income)
• Active military members who are head, co-head, or spouse
3.4 Whose Income is Excluded
Income, as described below, for the following household members must be excluded from household
income calculations.
• Family members under the age of 18, including foster children,who receive earned income
• Qualifying students who receive financial assistance"
• Full-time students who are age 18 and older, and not head, co-head, or spouse (exclude all
but the first$480 of earned income)
• Active military members who are not head, co-head, or spouse
• Family members who receive payments for the care of foster children and
foster adults
• Nonmembers: live-in aides, guests', and co-signors
3.5 Qualification of Households at Move-in
Household income at move-in must not exceed the applicable income limit designated for the
household's family size in accordance with the affordability requirements outlined in the project's Land
Use Restriction Agreement(LURA). Households must be qualified for low-income units prior to moving in-
or taking possession of the unit. Certification of residents after move-in may impact-the owner's ability to
claim tax credits-for the unit.
2 HUD 4350.3,Chapter 5
3 HUD 4350.3,Chapter 5
3 14
i
EXHIBIT 2 - Tax Credit Rules
1.Explanation of Tax Credit Program:
These apartments are to be operated in accordance with the requirements of the Low 1-income
Housing Tax Credit ("Tax Credit") Program governed under Section 42 of the Internal Revenue
Code. Resident's rights are subject to the eligibility requirements under this Program. Resident
must cooperate with management in certifying the eligibility for this Program. Continued
occupancy is subject to this eligibility.
2.Occupants:
Only those household members listed on the lease agreement will be permitted to occupy the
unit. Management must be immediately notified if.changes to the household should occur.
I Occupancy by these additional household members is subject to eligibility to the Tax Credit
Program. Eligibility MUST be certified PRIOR to the additional household member taking
occupancy.
3. Income Eligibility and Certification:
Resident bas been certified as being income and Program eligible for the Tax Credit Program and
has signed an Income Certification Form attesting to his/her income eligibility.
Management must be immediately notified if changes to the current household status occur. This
includes,but is not limited to, changes in:
• household members
• income or assets
Y full-time student status
a need fora live-in care attendant,and '
o federal.subsidized rental assistance
Resident must be initially certified for eligibility for the Tax Credit Program and annually
thereafter. Upon request, resident must complete the certification process. This includes an
interview with management to determine continued Program eligibility, verification of all
income,asset and other eligibility information and signing a new Income Certification Form.It is
the resident's responsibility to provide all necessary information so that management may
perform this task,,Occupancy is subject to continuing eligibility under the'Tax Credit Program"
requirements. The household's next annual re-certification must be completed by February I ,
20 I.9_ Management will contact the resident by October l" , 20 19 to begin processing.the
necessary paperwork. It will be the responsibility of the resident(s) to fully cooperate and provide
all necessary information to expedite this process. Failure to do either-may result. in the non-
renewal of the resident's lease.
26
Aspen Pitkin County Federal Tax Program Violations
Report or Noncompliance with Tax Credit Program
The following is a formai complaint with documentation of APHCA(Aspen Pitkin County Housing
Authority)violating the rules of the Federal Tax Program.
The following documents confirm non compliance of APHCA and documents that it has failed to
maintain eligibility for tax credits.
Exhibit 1 Chapter 2:Program Compliance
Properties that do not consistently meet these requirements during this compliance period may be
subject to a denial or recapture of tax credits by the IRS
Exhibits 2 Tax Credit Rules Page 27
Paragraph 4:Tenant must initially certify for eligibility for the Tax Credit Program and annually
thereafter APHCA certified tenant between December 2017 and February 12"',2018 when they
certified tenant and prepared and signed a lease The terms of the lease stated Paragraph 4 Page 26
that"the next annual re{ertification must be completed by February V 2019. Management will
contact resident by October 2018 to begin processing processing the necessary paperwork
APHCA violated this Rule and started making unlawful document demands and harassment within days
of certifying tenant as eligible
Exhibit 3:Qualification of Households at Move In
Households must be qualified for lorry income units prior to moving in or taking possession of the unit
s.Certification of residents after move in may Impact owners abRity to claim tax credits or the unit.
APHCA did certify tenant,prepare and sign a lease then made multiple unlawful demands and instituted
an eviction without good case
Exhibit 4 CHFA Compliance Manual 3.28 Assets Disposed of for less than fair Market Value
After two years the asset is no longer included.
In April 2018,several weeks after qualiifiication and lease signing,APHCA sent document demands
requiring verification of 2012 Bankruptcy and 2002 Prudential Bank Account
APHCA then violated the Federal Tax Program Rules by instituting an eviction that was not for good
cause,knowingly misrepresenting the compliance requirements of the Federal Tax Credit Program
Exhmit5
Document demand made six weeks after lease signing falsely representing the Tax Program
Compliance Manual
APHCA has initiated a wrongful eviction demanding verification of a nonexistent 20 year old Bank
Account and a Bankruptcy greater than two years.
Exhibit 6
Wrongful eviction and"notice to quit`Issued because APHCA misrepresented the Tax Program
Guidelines
Exhibit 7
Verifying and CwtWng income.This is the preferred method of vedffcation of biome.
In May 2018,APHCA initiated eviction proceedings without good cause,claiming that the third-party
verification received from employer A is Car was to be rejected although previously accepted.The
reason given was that APHCA had decided that tenant's Inability to produce a pay check because of
owners absent meant that this"preferred method of verification"of the Tax Credit Program no longer
applied A la Car is a seasonable business and perfectly acceptable under Tax Credit Compliance Manual
Page 18 3.14
Exhibit 8 Demand for Compliance or Right to Possession from APHCA
This document repeatedly violates the CHFA Tax Compliance
I. Misrepresents the CHFA policy of income verification
2. Misrepresents the requirements of verifying bankruptcy documents greater than 2 years
3. Misrepresents tenant's income(shown to be$10,722)
4. Misrepresents tenants Social Security Income(shown to be$9872)
5. Misrepresents tenants Federal Tax Returns
6. Misrepresents Tax Credit Rules regarding employment
7. Misrepresents 2018 Income Cap for HUD and Pitkin County
8. Misrepresents employment requirement for Aspen Country Inn,
9. Misrepresents Tenants taxable income to be$41,822.
10. Misrepresents Tenants Social Security Income to be$15,048
11. Misrepresents tenant's failure to declare social security income on tax returns income cap
Exhibits 9 Charging Unlawful and Excessive Fees
APHCA's practice is to withhold tenant's car if they are not able to acquire Pitkin Country Registration
and use this as a basis for ariother eviction without good cause
Exhibit 10 Duty of Response and assistance of tenants
These exhibits confirm that APHCA or its counsel falls to respond to any communication from tenants
or their counsel.
3.27 Calculating Income from Assets
The actual income from assets must always be documented on the Tenant Income Certification (TIC)
form.When determining the actual income from an asset, always calculate by using the full value of the
asset.
If the total cash value of all assets is more than $5,000, imputed income must also be calculated using
the HUD passbook rate and compared with actual income.On the TIC, use the greater of:
• the actual income from assets, or
• the imputed income(current HUD passbook rate=0.06 percent)
In addition, when the total value of all assets is greater than $5000, third-party verification must be
obtained for each asset.
3.28 Assets Disposed of for Less than Fair Market Value
The term""asset disposed of for less than fair market value" refers to an asset that is sold, donated, or
given away to another person or entity without receiving an equal amount of money, goods, services,
etc., in return.At move-in.and annual recertification, residents must declare whether and when.they
have disposed of any assets for less than their fair market value.
For the LIHTC program, an asset disposed of for less than fair market value is included in household
assets only if the cash value of the asset exceeded the gross amount the•appl icant/resident actually
received for it by more than $1,000. If the difference was $1,000 or less, the asset is not included.
An asset disposed of for less than fair market value'is included in all.certifications effective during the two'
years after the'asset was sold, donated, or given away.-After two-years, the asset is no longer included.
--The value included on the TIC'for this kind of asset is the difference between the cash value of the asset
when it was disposed of and the amount the applicant/resident actually received for it.
Assets disposed of for less than fair market value can be personal,family, or business assets. Examples
include:
• cash gifts;
• real estate;
• irrevocable trusts; and
• stocks, bonds, and other investments.
Exception
Assets that were disposed of for less than fair market value due to bankruptcy, divorce/separation, or
'-foreclosure are not included in assets. - -' -
27 \�
3.22 What is Excluded from Assets
• Necessary personal property(cars, televisions, computers,etc.)
• Term life insurance policies(i.e., no cash value)
• Mobile homes that are considered vehicles and do not have a Deed of Trust
• Assets that are not effectively owned by the applicant/resident
• Assets that are not accessible to the applicant/resident and provide no income
• -Assets that are disposed of for less than fair market value-clue-to bankruptcy, divorce/
-separation,or foreclosure -
3.23 Asset Valuation Guidelines
Checking Accoun_ 'j,Usd,the pastsiicfmonths•iayerage balances —f
Savings ccoun Wiedhe current balance. _ J
Equtty�in Real tateinverUto'and use tfig;cash value:
IRA-oI�{KeoglEnotwithdrawin
ceounts If: g, use.cash value.
v l le employed'iuse the amount.tAat can be,w thdraawn
Lwithout retiring�or termmating employment. I
Reticemen Accounts
At:-retirement-add lump sum amounts to net familyassets or
pen '
`add odic:d�stnbuUons to ahnuahmcome:
V _
�I 1 Prorate accordmgito theipef entage ofaownership Ifino }
)ointfy-owned F ssets percentage is£speafied"or providediby statelorl'Iocalllaw,rprorate
5 4 the.assets,evenly among.all owners:
3-24 Determining the Value of Assets
When determining the total value of assets, always use the current cash value. To determine the cash
value of certain assets,such as retirement accounts and real estate,you must first determine the current
market value. from an asset's market value, you may deduct the following to arrive at the current cash
value:
• penalties for withdrawal before maturity,
• broker and/or legal fees,
• real estate transaction settlement costs (if unknown, deduct 10 percent from the full value of
the asset for selling/dosing costs), and
• the principal balance of a loan or mortgage on the asset.
25
Aspen Pitkin County Housing Authority
oPne�o Heit
���118TruscoPlace-Aspen,C08!((((((�RR����111111
970429-7860-a -,apdmorg
Strengthening Community Through Workforce Housing
April 27th, 2018
TO: Amanda Tucker,Aspen Country Inn #217
RE: Pending Requirements for Qualification
I
Amanda,
You have failed to complete numerous steps that are required to establish your qualification
as a tenant as Aspen Country Inn.
i
You are now being given a final hard deadline of 3:OOPM on Wednesday, May 2nd to provide
each of these requirements to the Truscott office:
❑ Your bankruptcy documents, including a list of assets
❑ Court documents showing action taken to collect child support
❑ Court documents showing action taken for child custody
❑ Documentation that you are in fact, not collecting any,social security payments
❑ A complete written explanation as to why your Prudential pension and IRA were not
listed on your initial application, including either:
o Proof that these accounts were closed at move-in time
-OR-
o Documentation of how much you were receiving from your pension AND the
balance of your IRA account before you moved in
❑ Your 2017 tax returns including W2s and / or 1099s
❑ In the case that all documents above are provided by the deadline, your son is required
to sign the lease and other required documents for tenancy immediately
If any of these requirements are not met by the deadline stated above, you will be given
official notice to vacate your apartment by no later than 3:00PM on Monday,June 4th.
Thank you,
Mark Nussmeier
Assistant Property Manager
Aspen/Pitkin County Housing Authority (APCHA)
18 Truscott Place I Aspen, CO 81611
(970) 710-7930- Marolt Office
(970)429-2860-Truscott Office
mark.nussmeier@cityofaspen.com r
- i
/AA)ssp\en Pitkin County Hourssiinngg AAutKarity
ss P-P
18 Trus[01t Piece t-AAsp",,CO 81611J1 �U
979.429.2860•w .aprka.ttrg
Strengthening Community Through Workforce Housing
February 22, 2018
Amanda Tucker
Aspen County Inn #217
Ms. Tucker,
You were able to sign a lease for Aspen Country Inn before noticing you were on the APCHA ineligibility list to
rent or buy due to a prior issue i-n 2004.Your file has been reviewed by Julie Kieffer, Compliance Officer; Cindy
Christensen, Deputy Director, and Tom Smith, APCHA's attorney.
The decision has been made to allow you to stay at Aspen County Inn if you meet the requirements stated
below. Any requirement not met as described will result in the immediate termination of your lease. If you
decide to challenge the termination,APCHA will begin the eviction process. You could then be held liable for
all attorney and court costs should APCHA win in court. If you choose to not move forward,APCHA will
terminate the lease immediately.
By 3:00 p.m.. March 2:
• Six months of bank statements for all your accounts.This includes, but is not limited to,checking,
savings, CDs, stocks, retirement;
• Any bankruptcy papers you may have;
• Divorce decree;
• A copy of the Court Order that states what child support and maintenance you should be receiving;
• Documentation,of what you have done to collect child support and maintenance If you are not
receiving what is stated in the Court Order;
• A written explanation as to how you have been supporting yourself the past 2 years since the
documentation you have provided to APCHA shows income of less than $2000 per year;
• Social Security documentation showing non-payment of any benefits at this time;
• Your 1099 or W2 from A La Car for 2017;
• All current pay stubs for any job you have been working since January 1, 2018.
Should APCHA approve all the above paperwork, by 3:00 p.m., August 15, 2018, you must provide additional
paperwork in the form of the following:
• Most recent paystubs for all jobs since February 15, 2018;
• Spreadsheet or log of hours worked, who you worked for, and what you did during those hours,
including all hours you worked for employment business, all receipts, contracts, emails, art shows and
or craft fairs you participated in; and
• A current City of Aspen Business License for your business.
Aspm Pi�itttM�iist Cmnty Housing Amhnrhy
lLINNN+77����1111118 T IIII�JJJJ�PI"����```•7777ASPMLL,,COG�sII91SUU
9704293860.w jpchmrg.
Strengthening Community Through Workforce Housing
April 26th, 2018
TO: Amanda Tucker, Aspen Country Inn,#217
RE: NOTICE TO VACATE
Amanda,
Please review the attached official notice to vacate. This requires that you be completely
moved out of apartment#217 by 12:OOPM on Thursday, May 31't 2018.
The reason (as detailed on the notice) is failure to complete the required steps to qualify for
tenancy, by the deadline yesterday.
We will not be accepting any further documents or attempts to complete the qualification.
If you choose to vacate before the deadline, you will only be charged rent until the day you
move out. This will be determined by the time that all of your keys and parking permit have
been returned and APCHA management has confirmed all of your belongings to be removed
from your apartment as well as your storage locker.
Thank you,
Mark Nussmeier
Assistant Property Manager
Aspen/Pitkin County Housing Authority (APCHA)
18 Truscott Place l Aspen,CO 81611
(970) 710-7930- Marolt Office
(970)429-2860-Truscott Office
mark.nussmeier@cityofaspen.com
NOTICE TO QUIT (VACATE)
(Please Type or Print Legibly)
To:Amanda Tucker
Pursuant to§13-40-107,C.R.S.,you are hereby notified by the undersigned owner that your tenancy of the land and
premises described below is terminated as of May 31,2018(date)at MOM(fine)and you are accordingly notified to
vacate said premises and surrender possession thereof on or before said date and time.
Street Address:Aspen Country Inn 38996 HVIfY 82,#217,Asoen.CO.81611
City.Aspen County. Pitkin
Subdivision I Lot Block
Aspen Country Inn I -
The grounds for terrnination are as follows: Failure to provide the following by the deadline of 3:00 M. April 25
2018:
❑ Your bankruptcy documents,including a list of assets
❑ Documentation you are in fad not collecting any social security payments
U A complete written explanation as to why your Prudential pension and IRA were not listed on your initial
application,Including either.
o Proof that these accounts were dosed at move-in time;OR
o Documentation of how much you were receiving from the pension AND the balance of your IRA
account before you moved in
Date:May 4,2018 Asoen Pitkin Canty Housing Authority
Landbrd/Owner
By:Erin Carries Landlord/Owner's Agent or Attorney
CERTIFICATE OF SERVICE
I hereby certify that I served this Notice to Quit on Mav 4.2018 in Pitkin(County),Colorado by my selection below:
❑ By leaving a true copy with (Full Name) who is Othe Tenant, ❑other
person occupying such premises,ora❑member of the tenants family above the age of fifteen years and residing
�r on or in charge of the premises (Full Name of Person)
yon By posting placing under the Front Door of the premises at Aspen Country Inn,
x#217&e-mailing to tenant.
Signature
Notice to Quit-§13-40.107, C.R.S.
(1) A tenancy may be terminated by notice In writing,served not less than the respective period fixed before the end of the applicable tenancy,
as follows:
(a) A tenancy for one year or longer,three months:
(b) A tenancy of sbr months or longer but less than a year,ane month;
(e) A tenancy of one month or longer but less than six months.tan days;
(d) A tenancy of one wash or longer but Was than one month,or a tenancy at wf9,three days;
(e) A tenancy for less than one week,one day.
(2) Such notice shall describe the property and the particular lime when the tenancy will terminate and shat be signed by the landlord or tenant,
the Jany giving such notice or his agent or attomey.
(3) Any person in possession of real property with the assent of the owner Is presumed to be a tenant at will until the contrary Is shown,
(4) No notice to quit shall be necessary from or to a tenant whose term Is,by agreement,to and at a time certain.
(5) Except as otherwise provided in§3933112.C.R.S.,the provisions of subsections(1)and(4)of this section shat not apply to the tannfnaton
Of a residential tenancy during the 90day period provided for in said seeton.
JDF 97 10106 NOTICE TO QUIT 6
3.17 What is Excluded from Annual Income
• Food stamps, Meals on Wheels, and other programs providing food for those in need
• Groceries provided by persons not living in the unit
• Grants or other reimbursement received for medical expenses
• Student financial assistance, including all GI Bill benefits, except as outlined in Section 3.16
above
• Earned income in excess of $480 for full-time students 18 years or older who are not the
head, co-head, or spouse
• Temporary, nonrecurring, or sporadic income(including one-time gifts)
• Recurring monetary contributions that are paid by persons not living in the unit directly to a
child care provider
• Lump sum payments from Social Security or other sources
• Personal and student loans
• Military hostile fire pay
3.18 Verifying and Certifying Income
The LIHTC program uses HUD Handbook 4350.3, Chapter 5 ("the 4350"),for guidance in identifying
and calculating income and assets. Prior to August 2013, the program also followed Chapter 5 in
establishing standards for verification of income and assets. On August 7, 2013, HUD issued Change 4 to
the 4350.With Change 4, HUD modified its requirements regarding verification methods and types of
third-party written verification.
The IRS has not adopted HUD's modified verification requirements in Change 4 for the UHTC program.
Therefore, CHFA will continue to require full third-party documentation as described in this manual
until guidance is received from the IRS.As a result,this manual's verification requirements now differ
from those in the current 4350.
All attempts to obtain verification must be documented.Acceptable forms of verification for specific
types of income include are as follows.
A. Employment Income
Employment income verification must be received from the employer. Methods of verification have
a hierarchy of acceptability from the most to the least acceptable method.Attempts to obtain the
most acceptable forms of verification must be documented before the owner may use a lesser form
of verification.
Third-party Written Verification
This is the preferred method of verifying almost all sources of income and must be attempted
first.Third-party verification is written verification that is received by the owner/agent directly
from the employer. For employment, the verification form must request YTD earnings, the
start and end dates of the YTD period, as well as other basic income information. A sample
Verification of Employment form is at
www.chfainfo.com/arh/asset/LI HTCForms/Verif ication_of_Employment.pdf.
19 /
Verification of Employment
Employer:
Address:
Fax
RE:
Applicant/Resident Name
The above Applicant/Resident Is applying to/participating In a housing program that requires verification of
Income.The individual has signed a release below giving you permission to supply us with Information. The
Information provided wig remain confidential. Please return the completed form to the address/tax below.
I certify that this verification has been sent directly to the employer and was not hand-carried by the appikaniltenant or
any other interested party.
Signature of Owner/Agent Title Date
Owner/AgeneiAddress Owner/Agent's Fax Number
Consent to Release Information: My signature below authorizes verification of my employment
Information.
APPlicant/Resident Signature Date
Emplaiier. Please fM out the information below as completely as possible.
Date of Hire: Position:
Base Pay: $ ' per(darkone) ❑Year ❑Month ❑Week ❑Hour ❑Other.
i
If hourly, hours worked per week:
Year-to-Date Earnings: $ YTD Period: / / thru
Overtime Hrs per week: Overtime pay rate: $
Average No.;of Shift Differential Hours per week: Shift Differential Rate per Hour: $
Does this employee receive? (d &aadratm*) []Bonuses ❑Tips ❑Commission ❑None
Average bonl s/tips/commission: $ per(dedrone) ❑Year ❑Month ❑Week []Hour
Are bonus/commissions Guaranteed? ❑Yes []No, Explain:
Date of Next!Pay Increase (uarrnmy Amount of Next Pay Increase(irawwny $
If employment Is seasonal/pedodic,please specify layoff periods:
Employer Comments:
wARAmrer sect m loo:of nd,le N the D.S.Coda makes as of LnW&Tmm to make wW 4 fasfatgnerft of
mismpremrtatton to any Department or Agency of the if s.as m arty matter w/tlda ftahrrtad>rtroa
Signature of,Employer Representative Title Date
I
Telephone #,.
yena®ttan of Emptoyment April mss
3.14 Seasonal Employment
For residents who are employed seasonally, such as teachers, school bus drivers,farm workers,ski
instructors, landscapers,etc.,anticipated off-season income must be documented and included in annual
household income. Off-season income includes employment,self-employment, unemployment benefits,
and financial assistance from non-household members. For explanations of how to count and verify
different types of income, including self-employment income,see Section 3.18.
At a minimum,documentation of anticipated off-season income should include a statement by the
resident regarding the income type, the number of months expected,and the amount expected per
month.A sample Seasonal Worker Affidavit is at
www.chfainfo.com/arh/asset/U HTCForrns/SeasonaNVo rkerAffidaviLpdf.
3.15 Retirement Account Income
The full amount of periodic payments from annuities,insurance policies, retirement funds, pensions,
and disability or death benefits are included in annual income. Periodic payments received due to the
withdrawal of cash or assets from an investment are also counted as income.
When benefits are received through periodic payments, any remaining amount in the account is not
counted as an asset, because the balance is the source of the income.
Distributions from retirement accounts that are not periodic are not counted as income.
3.16 Student Financial Aid and Section 8 Program Participants
Financial aid income for full-or part time students enrolled in a higher education institution is counted
only when the student is also a participant in a Section 8 program,whether it Is through a project-based
contract or through the Section 8 Housing Choice Voucher program. In those instances, any financial
assistance received(from private sources,government,and the educational institution)In excess of the
tuition charged must be counted as Income. It does not matter If the financial assistance is paid directly
to the student or to the educational institution.
Potential student financial assistance sources:
• Scholarships(athletic and/or academic)
• Grants and fellowships
• Tuition-related employment pnduding work study)
• Private sources
• Any other type of financial assistance(excluding student loan proceeds)
Exception
Student financial assistance is not counted as income for:
• students over the age of 23 with dependent children, or
• student(s)who reside with a parent(s)or guardian(s)who receives Section 8 assistance.'
4 Guide for completing Form 8823 Law-income Housing Credit Agencies Report of Noncomplknce or BuRCing Disposition(Revised
2011)
18
r
DEMAND FOR COMPLIANCE OR RiGHT TU POSSESSION NOTICE
FOR
PROPERTY LOCATED IN PITKIN COUNTY
To: Amanda D Tucker Meuse&Rennie D Tucker Meuse (Tenant)
Aspen/Pitkin County Housing Authority herebydemands that you shall,within three days of the time this
notice is served upon you,either comply with the covenants stated below or deliver-to the Landlord the
possession of the premises identified below.This Demand supersedes the Notices to quit(Vacate)dated
April 25,2018 and May 4,2018.
Street Address: 36996 Hlghwav 82.Apartment No 21)
City: Aspen,Colorado County: Pitkin
The covenants/conditions with which you are to comply is(check one or both,as applicable).
❑ The payment to the landlord In the sum or$ being past due rent and owed to the landlord
from 20_-,to 20
® Other covenants of the lease that are being violated are:
1. Paragraph 2.0 of your ACI Lease Agreement dated February 12, 2018, by failing to provide
documentation necessary to verity Income,assets,and employment.
• No pay check stub or W2/1099 from A La Car,therefore,hours cannot be counted and
yearty requirement of 1500,hours Is not met;
• Income from social security not reported,but was being received at time of application;
• Statement of assets from the bankruptcy was not provided and APCHA was unable to
determine what actual assets are.Tenants written statements are not allDwed as CHFA
requires the use of third Party verifications.
2. Paragraph 2.0 of your ACI Lease Agreement dated February 12, 2018, by failing to quality for
tenancy based on income.
• Income at time of application should have included,social security payments of$15,048
per year,.therefore, the total income was$41,922 which is over the cap of$34,300 for
one person and over the cap of$39,200 for both tenants.
3. Paragraph 28.0 of your Lease Agreement dated February 12,2018 and the Tax Credit Rules,Exhibit
2 to the Lease, by violating"the eligibility requirements of the Low-Income Housing Tax Credit
Program.
• Income at lime of application should have Included social security payments of$15,048
per year;therefore, the total Income was$41,822 which is over the cap of$34,300 for
one person and over the cap of$39,200 for both tenants.
4. Paragraph 28.0 of your Lease Agreement dated February 12,2018 and the Tax Credit Rules,Exhibit
2 to the Lease, by failing to notify APCHA of changes In income from that stated in your
application.
• Tenant did not notify APCHA her employment with A La Car has changed, and she
misrepresented her income by not reporting social security Income.
ne 1 EXHIBIT
a ()
❑ Other covenants of the lease that are being violated Is:
1. Paragraph 2.0 of your ACI Lease Agreement dated February 12, 2018, by failing to provide j
documentation necessary to verify income,assets,and employment. i
• No pay check stub or W2/1099 from A La Car, therefore, hours cannot be counted and
yearly requirement of 1500 hours Isnot met;
• Income from social security not reported, but was being received at time of application;
I� • Statement of assets from the bankruptcy was not provided and APCHA was unable to
determine what actual assets are.Tenants written statements are not allowed as CHFA
requires the use of third party verifications. `
2. Paragraph 2.0 of your ACI Lease Agreement dated February 12, 2018, by failing to qualify for
tenancy based on income.
• Income at time of application should have included social security payments of$15,048
per year; therefore, the total Income was$41,822 which is over the cap of$34,300 for I
one person and over the cap of$39,200 for both tenants.
i 3. Paragraph 28.0 of your Lease Agreement dated February 12,2018 and the Tax Credit Rules,Exhibit
I 2 to the Lease, by violating the eligibility requirements of the Low-Income Housing Tax Credit
t Program.
• Income at time of application should have included social security payments of$15,048
per year, therefore, the total Income was$41,822 which is over the cap of$34,300 for
j one person and over the cap of$39,200 for both tenants.
4. Paragraph 28.0 of your Lease Agreement dated February 12,2018 and the Tax Credit Rules,Exhibit
2 to the Lease, by failing to notify APCHA of changes In income from that stated in your
j` application.
• Tenant did not notify APCHA her employment with A La Car has changed, and she
' misrepresented her income by not reporting social security income.
pg.l
EXHIBIT
Aspen PitldnCuunty Mousing Authority l�
.` AO el O Co ' FJ •A
18 Trusmn Place•Aspen.CO 81611
970.429.2860•~uzpcha.org
Strengthening Community Through Workforce Housing
APCHA has requested a copy of your taxes from the IRS with the name you filed_ on your 2016 taxes. If they
claim you did not file, or the taxes are different than what has been provided to APCHA,your lease will be
terminated immediately.
Again,the requirements to live in APCHA housing are as follows:
o Working at least 1500 hours a year—this is not per household, but per person. Because of the
seasonality of the town,this equates to 9 months at 40 hours a week,or 12 months 30 hours a week.
If you don't, your lease will be terminated. .
o Employment of at least 1500 hours a year for at least four more years.
o Your car must be registered in Pitkin County by February 28, 2018 or it will.not be_aIlowed on Aspen '
County Inn property.After March 1, 2018 if it is parked on property withouta valid parking permit .
from APCHA you will be booted at a cost of$200.00 and your lease will be terminated.
e Not owning any other residential property in the Ownership Exclusion Zone (as defined in the
Aspen/Pitkin Employee Housing Guidelines).
By signing below,you acknowledge the above requirements needed to stay at Aspen Country Inn and
understand that your one-year lease will be terminated before the one year is up if you do not provide and
adhere to the above requirements.
22 Z0 1g'
AmandaTucker-Tenant Date
nine Guerrero—Sr. Property Manager Date
6/14/2018 Print Wftdow
Subject RE: Amanda Tucker Lease
From: cindy.dmstensen@cityofaspen.com
To: Wendy@wendylucas.com;sandra.largaespada@cityofaspen.com,mark nussmeier@cityofaspen com,,
julie.kieffer@c-ityofaspen.com;erin.carriel@cityofaspen.ccom
Cc atudcermd@yahoo.com
Date: Tuesday, May 15,2018,152:17 PM MDT
I will let Tom Smith know that you are Inquiring about the status of Ms.Tucker's continued occupancy of her unit
Cindy Christensen
Deputy Director
Aspen/Pitkin County Housing Authority(APCHA)
210 E. Hyman Ave.STE 202 1 Aspen, CO 81611
(970)920-5050-Main
(970)920-5455-Direct
(970)920-5580-Fax
AHA
From:Wendy Lucas[madto:Wendy@wandylucas.com]
Sent:Tuesday,May 15,2018 2:48 PM
To:Cindy Christensen<cindy.christensen@cltyofaspen.com>;Sandra Largaespada
<sandra.largaespada@cityofaspen.00m>; Mark Nussmeier anark.nussmeier@cityofaspen.com>;Julie IGeffer
<julie kIsffer@cityofaspen.ccm>;erm.carriel@cityofaspen.coom
Cc:Amanda Tucker<atuckermd@yahoo.com>
Subject: RE:Amanda Tucker Lease
Good Afternoon Cindy, Sandra,Mark,Julie and Erin,
I have not heard back from anyone. Can you please have Tom Hill reach out to me today.
As far as I can tell,Dr.Tucker has provided all the requested iinformation. If there is anything that is outstanding, I
would like to know.
My Mm.
113
8114/2018 Print Window
Wendy
For your customized home market reporl,_please click here.
WENDY LUCAS
D OVINER I BPOnEP
vdEND:'LUCAS.COt•1
970. 379 . 6266
, L L t $
i
f
From: Wendy Lucas
Sent: Sunday, May 13,2018 5:26 PM
To: 'Cindy Christensen'<Cindy.Christensen(cDCllyQfpsngmc mm>;'Sandra Largaespada'
cgandra.)argaespa1 a@ci yofaspen.com>;'Mark Nussmeiee <mark.nussmeie[@cityofasoen.com>;'Julie Kieffer'
<Julie.kieffer@cilyofaspen.com>; 'edn.carriel@cityofaspen.ccom'<erin.carrie1(cDcityofaspen.ccom>
Cc: 'Amanda Tucker'<atuckermd@yahoo.com>
Subject:Amanda Tucker lease
To all of you,
I am representing Amanda Tucker to protect her rights in the lease entered into on 2/1912018. 1 called your office on
Monday 5/7/2018 and spoke with Erin Carriel. I confirmed with her that she received the email from Dr.Tucker
authorizing communication with me. I asked for a copy of the lease. Erin Carriel told me she would have Cindy
Christensen get back to me and that she was"uncomfortable"discussing anything with me or providing me with a
copy of the lease. I did not hear back from Cindy and called her on Friday 5/11/2018, Cindy Christensen told me that
Dr.Tucker would have to send them an email authorizing me. I indicated this had already been done(Cindy claimed
they had not received this direction), but I had Dr.Tucker send another email on Friday.
i
Mark Nussmeier met with Dr.Tucker to execute the lease. Mark told Dr.Tucker he would make a copy of the lease
and deliver it to her. He never did so. Please send me a copy of the executed lease.
I would like to discuss the events and the documents you are requesting. It is clear from the emails from Dr.Tucker to
your office,that she has been trying to comply with your requests.
i
I
Please have the city attorney contact me at 970-379-6266. We would like to resolve this matter as soon as,possible.
I
1 My Best,
i
Wendy Lucas
Attomey Registration Number 22203
P.O. Box 1883
213
6114=8 Print Window
Basalt Co 61621
wwndy@wendylucas-com
970379-6266
• _ 913
From:Wendy Lucas<Wendy®wendylucas.com>
Sent: Friday, May 18, 201812:39 PM
To:Tom Smith <tom®tfsmithlaw.com>;atuckemtd@yahoo.com
Cc: Mike Kosdrosky<mike.kosdrosky@cityofaspen.com>;Cindy Christensen
<cindy.christensen®cityofaspen.com>;Julie Kieffer<Julie.kieffer@cityofaspen.com>
Subject RE: Documentation
Hi Tom,
Please tell me what qualifications have not been satisfied?
My Best,
Wendy
From: Amanda Tucker fmailto:atuckennd(oZyahoo.coml
Sent: Friday, May 18, 201811:21 AM
To:Wendy Lucas<wendvawendvlucas.com>; Cindy Christensen
<cindv.christensenecitvofaspen.com>; Julie Kieffer<iulie.kieffer(obcitvofaspen.com>; Erin Carriel
<erin.carriel((Zcitvofaspen.com>
Cc: Erin Carriel <erin.carrielocityofaspen.ccom>;.Julie Kieffer<iulie.kiefferCo citvofaspen.com>; Cindy
Christensen <cindv.chdstensenCcDcitvofaspen.com>; Erin Carriel <edn.c6niel cDcitvofaspen.com>; Mark
Nussmeier<mark.nussmeier(cDcitvofaspen:com>
Subject: Documentation
Dear Wendy ,
I am presuming since all documents on check list were sent in a timely manner, and we have not
received any additional document requests that this was just a problem with miscommunication during the
recent staff switch around at Truscott.
I hope everyone realizes that there comes a time ,four months after lease signing , ( and two to three
months of providing documents prior to lease signing ) that my son and I might be allowed a little stability
. My son has finished school and is returning home for his summer employment in Aspen. I have spent
two weeks being trained by the City of Aspen.
I know the next review is in August I would be happy to do this early so that there is no possible chance
for any misunderstanding or miscommunication . I can send all documents through you
With Thanks and Kind Regards to all
Amanda D Tucker
Exhibit 1-3
IRS Noncompliance Notification Letter
Letter 3464(SCICG) 5-2001
DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
Internal Revenue Service Center
Pbiladelphia,PA 19255-0549 Person to Contact:
Employee I.D.Number:
Fax Number.
Date:
Owner TIN:
Building Identification Number.
Reference:
Year.
Dear[Name]
The state housing credit agency referenced above has reported,on Form 8823,Low Income Housing
Credit Agencies Report of Noncompliance or Building Disposition,that you are not in compliance with
Internal Revenue Code Section 42 requirements and regulations for the Building Identification Number
(BIN)shown above. (if multiple BINs are referenced,please see the list at the end of this letter.)
The noncompliance issues are:
1.
2.
3.
4.
Therefore,you should not include the non-qualified units when calculating the credit for the year shown
above. Additionally, Sections 42fj)(1)and(2)require that prior credits you claimed are subject to
recapture to the extent that any accelerated credit is attributable to the units,plus interest.
If you are subject to recapture,you must use Form 8611,Recapture of Low Income Housing Credit. If
you filed this form with your tax return and have not claimed any credit for the year,no further action
maybe necessary. If you have not,please amend your return to include the recapture,and remove the
credit claimed for the year of disposition. Flow-tbrough entities should advise distributive share
recipients of applicable credit and recapture requirements.
IRS receipt of Forms 8823 can increase the potential for audit of the reported projects. Therefore,IRS
may conduct review and audit activity subsequent to this letter.
1-I1
Revised January 2011
If you have questions,you may call the IRS contact listed above between the hours of 9 am.and 3 p.m.
Eastern Time.
Although this employee may be able to help you,it is your responsibility to resolve all noncompliance
issues with the appropriate state housing credit agency. Therefore,if you have questions regarding the
issuc(s)cited,please contact the referenced state agency.
Sincerely,
Additional Properties
BIN Noncompliance Date
1-12
Ravised Jemary 2011
County Court Pitkin County, Colorado
Court Address:
506 East Main Street.
Aspen, Cc 81611
Plaintiff(s):
APHCA A COURT USE ONLY A
V.
Defendant(s):
Amanda D Tucker and Rennie D Tucker-Meuse
Attorney or Party Without Attorney(Name and Address): Case Number:
Amanda D Tucker 18C30028
PO Box 2344
Aspen, Colorado 81611
Division Courtroom
Phone Number. 970-820-8540
E-mail:atuckermd(a)vahoo.com
ANSWER UNDER SIMPLIFIED CIVIL PROCEDURE TO FORCIBLE ENTRY AND
UNLAWFUL DETAINER
The Defendant(s)Amanda D Tucker-Meuse &Rennie D Tucker—Meuse answer the complaint as follows:
1. The Plaintiff is not entitled to possession of the property and Defendants are entitled to retain
possession for the following reasons:
The enclosed detailed report to CHFA and the Internal Revenue Service show that APHCA and its seven full
time officers are obliged to remain in compliance with the Federal Tax Credit Program that awards the City of
Aspen millions of dollars in subsidy.
The itemized report show that these individuals are not in compliance with this program on multiple levels.
The Summons in Forcible Entry and Unlawful Detainer complaint filed against defendants knowingly
misrepresents Federal Financial Documents released directly to plaintiff under Form 4506- EZ in December
2017.
The history of this case, outlined in the report to CHFA, plaintiffs monitoring agency, shows that this court filing
is simply a continuance of several months of similar harassment and mistreatment wrongly imposed on
defendant,
The difference is that this filing accuses defendants, including a young college student studying Business and
Finance of Crimihal Fraud in a knowingly public and degrading manner, now on the front page of the local
newspaper.
Each of these written threats and demands are a violation of the Federal Tax Program and enough to meet the
requirement of sanctions and removal of funding.
ANSWER UNDER SIMPLIFIED CIVIL PROCEDURE TO FORCIBLE ENTRY AND UNLAWFUL DETAINER ��
The documents show that tenant signed a Form 4506-¢ in December 2017 releasing all financial
information to APHCA directly from the Internal Revenue Service.
Tenants 2017 tax returns also reflect all Social Security Payments.
It is therefore knowingly false of plaintiff to represent, under oath, that tenant has °falled to provide
documentation°
APHCA must honestly represent all Federal Income Tax Documents and Transcripts and has faded to do
SO.
APHCA spent considerable effort trying to`trick defendants°by asking for documentation to confirm that
she was not receiving Social Security
Tenant repeatedly responded that she was unable to provide this information (since it did not exist)
Tenant requested a letter from Social Security confirming her monthly payment and sent it to APHCA the
day it arrived.
This letter matched the amount on tenants IRS Transcripts and 2017 Tax Returns
APHCA has under oath represented to the court that this is untrue.
This representation Is knowingly false.
This is a knowing violatfon of the Federal Tax Credit Program that mandates accurate representation of
IRS Transcripts sent from tenant's Form 4606-EZ signed in December 2017.
IRS provides transcripts with a phone call on a same day basis. Plaintiff has had this required release since
December 2017, February 2018 and has all tax retums which accurately reflect these Federal Tax
Documents.
Yet APHCA has intentionally misrepresented these Federal Financial Documents under its swom
submission to the court,and used this knowingly false representation as the basis for an attempted unlawful
and public eviction, knowingly violating its duty to this Federal Tax Program and others.
4. Employment Verification
APHCA has represented to the court that tenant failed to provide verification of employment This
representation is knowingly false.
APHCA received all the required releases for income verification, the chosen method of the Federal Tax
Credit Program and Colorado Housing Financial Authority(CHFA) in December 2017.
APHCA received these completed verifications directly from employers and in February 2017 approved
tenant for occupancy based on these documents.
APHCA is obliged to accept and comply with these agencies to retain its multimillion dollar Tax Credit
Subsidy.
APHCA then filed several legal evictions against tenant culminating with the misrepresentation of the
Internal Revenue Documents in their possession since December 2017 and the employment verification
already accepted and approved prior to lease signing
5. Employment EligibiUty
APHCA has knowingly misrepresented Its own guidelines to the court
APHCA has represented under oath that the employment eligibility of Aspen Country Inn is a mandated
1500 hours of employment
This is untrue and dearly stated in APHCA's own Aspen Country Inn guidelines which states"working in
Pitkin County at the time of application°
APHCA reviewed tenants wage stubs at the time of application and verified eligibility and issued a lease.
APHCA is now knowingly misrepresenting its own guidelines for Aspen Country Inn under oath to the court.
APHCA has also disallowed a CHFA mandated compliance form which is a violation of the Federal Tax
Credit Program.
The unit in question had been empty for nearly one year, and there were two units available.
APHCA is aware of its own employment eligibility requirements but for some reason has knowingly
misrepresented these to the court to justify its wrongful eviction proceedings.
Background
The submitted report to the Internal Revenue Service and CHFA shows that the six officers of APHCA have
repeatedly violated the Internal Revenue Monitored Federal Tax Credit Program by failing to comply with is
guidelines.
ANSWER UNDER SIMPLIFIED CML PROCEDURE TO FORCIBLE ENTRY AND UNLAWFUL DETAINER
The violation in this Summons in Forcible Entry and Unlawful Detainer are only a few of the multiple violations from
February 2018 to present
This report and other Tax Credit Violations and Exhibits will be submitted separately
Each one of these notices knowingly violate the requirement of the Low-Income Tax Program monitored by both
CHFA and the Internal Revenue Service, and the requirement of"Quiet Enjoyment"of the lease
These violations under mandate must be reported to the Internal Revenue Service, CHFA and HUD.
APHCA officers have behaved in an excusable manner failing to respond, assist, respond or communicate with
both tenant and her counsel in this several month periods.
Although the APHCA officers and their attorney failed to respond to letters emails, document requests, they have
continued to issue threats and unlawful demands that violate their Tax Credit Program.
Legal Argument
APHCA is knowingly violating its mandate with the Internal Revenue Service Tax Credit Program and Colorado
Housing Authority (CHFA) its monitoring agency.
APHCA has intentionally and repeatedly threatened and harassed tenants over several months for reasons that
violate this program rules that are prohibited by law on several levels
APHCA has knowingly and publicly humiliated and degrading tenants by serious criminal accusations submitted
under oath to the court, now on the front page of the local newspaper.
Rules of Civil Procedure 11 do not permit any individual or attorney to swear to the honesty and factual basis of its
content and then knowingly submit factual falsehoods without documentary support.
Rule 11 requires the dismissal of this complaint simply as it is knowingly false.
APHCA is guilty of Criminal Libel, accusing tenant of criminal fraud by mispresenting protected federal tax and
financial records.
It is even worse that defendant asked APHCA to "stop the threats "and explained the very sensitive and difficult
family situation that resulted from a protected domestic violence situation.
Counter Claim
At this stage tenant is making no counter claim but reserves this right
Tenant simply asks the court to dismiss this complaint under Rule 11 (separate motion) and to expunge and seal
the record of this intentional violation of the law(Separate Motion)
Compliance with Colorado Housing Finance Authority and the Internal Revenue Service must be corrected for
APHCA to maintain its tax credit benefits otherwise it must repay the multi-million dollars it has received.
If this complaint is not dismissed then defendants request a jury trial.
Respectfully Submitted
Defendant(s)Signature
Amanda D Tucker
ANSWER UNDER SIMPLIFIED CIVIL PROCEDURE TO FORCIBLE ENTRY AND UNLAWFUL DETAINER
VERIFICATION
I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct
Executed on the 11°day of June 2018 at Aspen Colorado
Amanda D Tucker Tt&
Signature of Defendanl(s)
Amanda D Tucker
PO Box 2344
Aspen, Colorado 61612
atuckerfnd@yahoo.com
ANSWER UNDER SIMPLIFIED CIVIL PROCEDURE TO FORCIBLE ENTRY AND UNLAWFUL DETAINER
CERTIFICATE OF SERVICE
I certify that on June 11'h, 2018 a true and accurate copy of this ANSWER UNDER SIMPLIFIED CIVIL
PROCEDURE was served on all other parties by electronic mail and by placing it in the United States mail,
postage pre-paid, and addressed to the following:
Amanda D Tucker
PO Box 2344
Aspen, Colorado 81612
atuckermd@yahoo.com
Defendant(s)Signature
Amanda D Tucker
ANSWER UNDER SIMPLIFIED CML PROCEDURE TO FORCIBLE ENTRYAND UNLAWFUL DETAINER
05/25/2018 8:13:53 PM -0400 IRS PAGE 2 OF 5
Ob/'25/2018 8:13:53 PM -0400 IRS PAGE 3 OF 5
05/25/2018 8:13:53 PM -0400 IRS PAGE 4 OF S
Director of Asset Management
Colorado Housing Authority Financing
303.297.7489
bm it ler(a)chfainfo.com
Dear Mr. Miller
I am sending the report of noncompliance with the Federal Tax Credit Program by
APHA (Aspen Pitkin County Housing Authority) in Aspen Colorado Please consider this
a formal notice of non-compliance I have sent the necessary information to the Internal
Revenue Service. The Specific Areas of Violation are stated above I am not seeking
any help regarding their wrongful eviction just asking that you formally review these
documents and require APHCA to properly comply with the Tax Credit Program As you
can see they have accused my son and I of Federal Tax Fraud when it is clear they
have simply misrepresented the documents and the Tax Credit Program Rules.
Thank you ,
Amanda Tucker
I can be reached at 970-820-8540 or atuckermd@yahoo.com
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY: p 1
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
rJana" LP ffM 201Y
t '
STATE OF COLORADO ) .
ss.
County��o��f""Pitkin
Q )
(name,please print)
being or representing an Applicant to the My of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
�/ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.-
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15)days prior to the public hearing
on the —_ day of , 20. to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26:304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject•,to the development application. The names and addresses of
property ownerssfiall be those on the current tax records of Pitkin County as they
.appeared.no more than sixty (60) days prior to the date of the public hearing. A
copy:of the owneYsUand governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method ofpublic notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by of least thirty(30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral-estate-owners shall be those.on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and. new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey- map or- other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Sign
The foregoing"Affidavit of Notice"was acknowledged before me this ,2/day
of jlj!, _ 20Lfj�, by
pEn]5 EPOepa SL SL R"IS
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
315 EA44 %_*� S-kR.Q.+3f , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
?Jk.y 'k , 20 \$
STATE OF \COLORADO )
) ss.
County of Pitkin )
I, A� (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the 21 day of 2018 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method ofpublic notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more
than one lot, and new Planned Developments are subject to this notice
requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
A—�
Signature
The forggoing"Affidavit of Notice"was acknowledged before me this day
of 4 20by Aria hIZI(kVnM
WITNESS MY HAND AND OFFICIAL SEAL
=NOTARY
LSON _
UBLIC Oq �Z LJ Z I
LORADO My commission expires: ll 1111
epte 30077Ssptember 25,20&7
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPYOFTHEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
►
PA
CITY OF ASPEN
City of Aspen
130 S. Galena Street, Aspen, CO 81611
p: (970) 920.5000
f: (970)920.5197
w: www.aspenpitkin.com
Public Hearing: Monday, July 9th, 2018; 5:00 PM
Meeting Location: City Hall, City Council Chambers
130 S. Galena St., Aspen, CO 81611
Project Location: 315 E Dean Street
Legal Description: Parcel ID: 273718285033; Legally Described as Hotel Unit and
Commercial Unit, Aspen Residence Club and Hotel, City of
Aspen, Pitkin County, Colorado.
Description: The St. Regis is requesting a Temporary Use approval to allow
for yurts to be erected in the Chef's Club Courtyard to
supplement the Chef's Club Restaurant seating during the
winter 2018-2019 season. The applicant received Temporary
Use approval via Resolution #158, Series of 2017 for various
tent'structures to be erected in the other courtyards on the
St. Regis Property throughout the year. This request is in
addition to the previous Temporary Use Approval. Temporary
use requests that exceed seven (7) days require approval by
City Council. The applicant is requesting use of yurt
structures for one hundred and thirty-five (135) days total,
thirty-one (31) in December 2018 and one-hundred and four.
(104) in 2019.
Land Use Reviews Req: Temporary and Seasonal Uses, Commercial Design Review,
and a Growth Management Review for Temporary Uses and
Structures
Decision Making Body: City Council
Applicant: 315 East Dean Associates, Inc., C/O Joel Hocknell, 315 E
Dean Street, Aspen, CO 81611
More Information: For further information related to the project, contact
Garrett Larimer at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO,
(970) 429.2739, Garrett.Lorimer@cityofaspen.co m.
• i
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4.
Pitkin County Mailing List of 300 Feet Radius
From Parcel: 273718285033 on 06/14/2018
tTKIN
COUNT ;
Instructions:
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
Disclaimer:
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
http://www pitkinmapsandmore.com
BROADSCOPE PTY LTD DOLINSEK JOSEPHINE BARNES ROBERT M
149 RIVERTON DR 619 S MONARCH ST 6445 SENECA RD
ROSSMOYNE WESTERN AUSTRALIA 6148, ASPEN,CO 81611 MISSION HILLS,KS 66208
CARIBOU CONDO ASSOC DANCING BEAR RES OWNERS ASSOC INC MAYER ROBERT G
701 S MONARCH ST 411 S MONARCH ST 350 SE 28TH AVE
ASPEN,CO 81611 ASPEN,CO 81611 POMPANO BEACH, FL 33062
ZEFF CAPITAL LP SMITH CARLETON KIMBERLY REV TRUST GRAND ASPEN LODGING LLC
555 E DURANT AVE PO BOX 567 140 FOUNTAIN PARKWAY STE 570
ASPEN,CO 81611 MIDDLEBURY,VT 05753 ST PETERSBURG,FL 33716
HOROWITZ REV LIVING TRUST 99.9% HYATT GRAND ASPEN COHN PETER&MORLEY A
140 FOUNTAIN PARKWAY#570 140 FOUNTAIN PKWY#570 PO BOX 3288
ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716 ASPEN,CO 81612
ANDERSON BRUCE J FORT FAMILY 12 UPPER ASPEN LLC LEVY OFER&MIRIAM
700 S MONARCH#207 2900 OAK AVE 4906 BRAEBURN DR
ASPEN,CO 81611-1854 MIAMI,FL 33133 BELLAIRE,TX 77401
DANCING BEAR RES OWNERS ASSOC INC ASPEN RESIDENCE CLUB&HOTEL CONDO, MICHAEL MICHAELA ANN
411 S MONARCH ST 9002 SAN MARCO CT PO BOX 1006
ASPEN,CO 81611 ORLANDO,FL 32819 BURLINGAME,CA 94011
SCOTTS OF AJAX MOUNTAIN LLC VERMONT AVE LLC HYATT GRAND ASPEN
4713 E CESAR CHAVEZ 623 E HOPKINS AVE 140 FOUNTAIN PKWY#570
AUSTIN,TX 78702 ASPEN,CO 81611 ST PETERSBURG,FL 33716
NEW YORK AVE LLC HYATT GRAND ASPEN GOOCH WILLIAM A
623 E HOPKINS AVE LLC 140 FOUNTAIN PKWY#570 509 VIRGINIA DARE DR
ASPEN,CO 81611 ST PETERSBURG,FL 33716 VIRGINIA BEACH,VA 23451
CHART HOUSE PROJECT OWNER LLC SCHERER ROBERT P TRUST MORADA VENTURES INC
0115 BOOMERANG RD#52018 239 GILBERT ST 866 S DIXIE HIGHWAY
ASPEN,CO 81611 ASPEN,CO 81611 CORAL GABLES,FL 33146
HATCHER HUGH S PETERSON CAPITAL PARTNERS LP WHELCHEL ANGUS
205 E DURANT AVE APT 2E 301 COMMERCE ST#3300 3092 EDISON CT
ASPEN,CO 81611 FORT WORTH,TX 76102 BOULDER,CO 80301
RIDOUT WAYNE E REV TRUST HYATT GRAND ASPEN GA RESORT CONDO ASSOC
42 COUNTRY CLUB CIR 140 FOUNTAIN PKWY#570 140 FOUNTAIN PARKWAY#570
SEARCY,AR 72143 ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716
TELEMARK APT 2 LLC WOLPERT FAMILY REV TRUST ASPEN RESIDENCE CLUB&HOTEL CONDO,
4950 E PRESERVE LN 2280 KOHLER DR 9002 SAN MARCO CT
GREEENWOOD VILLAGE,CO 80121 BOULDER,CO 80305 ORLANDO,FL 32819
HYATT GRAND ASPEN KAPLAN BARBARA GILLUM ANNE
140 FOUNTAIN PKWY#570 3076 EDGEWOOD RD 205 E DURANT ST#1 B
ST PETERSBURG, FL 33716 PEPPER PIKE,OH 44124 ASPEN,CO 81611
HOROWITZ REV LIVING TRUST 99.9% HOROWITZ REV LIVING TRUST 99.9% 800 MILL 303 LLC
140 FOUNTAIN PARKWAY#570 140 FOUNTAIN PARKWAY#570 515 W GILLESPIE ST
ST PETERSBURG,FL 33716 ST PETERSBURG, FL 33716 ASPEN,CO 81611
SUMMIT PLACE CONDOS TRB 700 LLC POLLOCK WILLIAM HARRISON
750 S MILL ST 201 MAIN ST#305 5340 CORAL AVE
ASPEN,CO 81611 CARBONDALE,CO 81623 CAPE CORAL, FL 33904
BLEILER JUDITH A TRUST JLH TRUST ASPEN ALPENBLICK NO 3 LLC
PO BOX 10220 505 GREENWICH ST#9F 211 VINE ST
ASPEN,CO 81612 NEW YORK,NY 10013 DENVER,CO 80206
DANCING BEAR PROJECT OWNER LLC 800 MILL 307 LLC ASPEN RESIDENCE CLUB&HOTEL CONDO.
0115 BOOMERANG RD#5201 B 515 W GILLESPIE ST 9002 SAN MARCO CT
ASPEN,CO 81611 ASPEN,CO 81611 ORLANDO,FL 32819
BENTZIN JOAN SCHOENER ASPEN INN APARTMENTS CONDO ASSOC CADER ANDREW
111 SANDRA MURAIDA WY#14C COMMON AREA 600 E MAIN ST#103
AUSTIN,TX 78703 731 S MILL ST ASPEN,CO 81611
ASPEN,CO 81611
PARRISH ARIANE S 700 MONARCH CONDO ASSOC NOREN GREGORY L
10463 LA REINA RD 700 S MONARCH ST 11211 FONTHILL DR
DELRAY BEACH,FL 33446 ASPEN.CO 81611 INDIANAPOLIS, IN 46236
HILL EUGENE D B III&JOAN L TRUST FERRARO GREGORY BUCHHEIT GERALD A
505 GREENWICH ST#9F 2427 S JOSEPHINE ST 6210 OLD LAKE SHORE RD
NEW YORK,NY 10013 DENVER,CO 80210 LAKE VIEW,NY 14085
GRAND ASPEN LODGING LLC KNAPP C EVAN REV TRUST 918 S MILL ST LLC
140 FOUNTAIN PARKWAY STE 570 233 E COOPER AVE#WS-2 918 S MILL ST#A
ST PETERSBURG,FL 33716 ASPEN,CO 81611-1821 ASPEN,CO 81611
PETROVICH NICK D BARRENA VICTORIA EUGENIA 718 S MILLS NUMBER 6 LLC
730 E DURANT AVE STE 101 800 S MILL ST#302 600 N LAKE SHORE DR#1412
ASPEN,CO 81611-2072 ASPEN,CO 81611 CHICAGO, IL 60611
WILSON STUART BAKER KATHY CANAS HUGO
PO BOX 2917 2960 BARCLAY WY 922 S MILL ST#213
ASPEN,CO 816122917 ANN ARBOR,MI 481059463 ASPEN,CO 81611
NAKAGWA MICHAEL F GOLAY FRANK&INGA LIVING TRUST M&M INVESTMENTS
922 S MILL ST#3C 300 LOCH LOMOND RD 679 BRUSH CREEK RD
ASPEN,CO 81611 RANCHO MIRAGE,CA 92270 ASPEN,CO 81611
ASPEN RESIDENCE CLUB&HOTEL CONDO. H2 ASPEN LLC HYATT GRAND ASPEN
9002 SAN MARCO CT 501 ALLIS RANCH RD 140 FOUNTAIN PKWY#570
ORLANDO,FL 32819 SEDALIA,CO 80135 ST PETERSBURG,FL 33716
MILLER BRENT S FAMILY TRUST MOUNTAIN VILLA TRUST LLC MOUNTAIN QUEEN CONDO ASSOC
625 EAST MAIN ST#1028/265 44 WOODCLIFF RD COMMON AREA
ASPEN,CO 81611 WELLESLEY,MA 02482 800 S MONARCH ST
ASPEN,CO 81611
DANCING BEAR RES OWNERS ASSOC INC PASCO PROP COLORADO LLC ASPEN RESIDENCE CLUB&HOTEL CONDO.
411 S MONARCH ST PO BOX 101835 9002 SAN MARCO CT
ASPEN,CO 81611 FORT WORTH,TX 76185 ORLANDO,FL 32819
DOLOMITE 12 LLC BASMA NADA ASPEN RESIDENCE CLUB&HOTEL CONDO.
2450 N LAKEVIEW AVE #9 6318 NW 23 ST 9002 SAN MARCO CT
CHICAGO,IL 60614 BOCA RATON,FL 33434 ORLANDO,FL 32819
HYATT GRAND ASPEN MEDELLIN MARGARET CITY OF ASPEN
140 FOUNTAIN PKWY#570 2427 S JOSEPHINE ST 130 S GALENA ST
ST PETERSBURG,FL 33716 DENVER,CO 80210 ASPEN,CO 81611
MICHAEL ARTHUR&CINDY REV TRUST SILVERMAN MARC&MARILYN SCHAYER CHARLES M III
PO BOX 1006 937 DALE RD 2601 S QUEBEC ST#17
BURLINGAME,CA 94011 MEADOWBROOK,PA 19046 DENVER,CO 80231
CHART HOUSE PROJECT OWNER LLC PATERSON JOHN ASPENIPITKIN COUNTY HOUSING AUTH 0.01
0115 BOOMERANG RD#52013 88 GRANGE RD SANDRINGHAM 210 E HYMAN AVE#202
ASPEN,CO 81611 MELBOURNE VICTORIA AUSTRALIA 3191, ASPEN,CO 81611
WEBINVEST LLC BENNETT WOOD INTERESTS LTD LLOYD ZOE W EXEMPT TRUST
533 E HOPKINS AVE#201 PO DRAWER 1011 PO BOX 1845
ASPEN,CO 81611 REFUGIO,TX 78377 WILSON,WY 83014
PECAROVICH RICHARD B LVG TRUST SCHIFFMAN ROBIN HYATT GRAND ASPEN
433 N CAMDEN DR#970 700 MONARCH ST#103 140 FOUNTAIN PKWY#570
BEVERLY HILLS,CA 90210 ASPEN,CO 81611 ST PETERSBURG,FL 33716
RUBEY PARK LLC HYATT GRAND ASPEN MWFLLC
400 E MAIN ST 140 FOUNTAIN PKWY#570 PO BOX 1026
ASPEN,CO 81611 ST PETERSBURG,FL 33716 PALM BEACH,FL 33480
CITY OF ASPEN EVANS DAVID COURTNEY HYATT GRAND ASPEN
130 S GALENA ST PO BOX 952 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 ASPEN,CO 81612 ST PETERSBURG,FL 33716
ICAHN LIBA BISSET KAREN I BERSANI THOMAS A
PO BOX 11137 6445 SENECA RD 3415 EAST LAKE RD
ASPEN,CO 81612-9627 MISSION HILLS,KS 66208 SKANEATELES,NY 13152
S C JOHNSON AND SON INC ASPEN RESIDENCE CLUB&HOTEL CONDO, SABARESE WILLIAM F
1525 HOWE ST 9002 SAN MARCO CT 23 HOLLAND HILLS RD
RACINE,WI 53403 ORLANDO,FL 32819 BASALT,CO 81621
VALLEY INVESTMENTS LLC CHETNER PARTNERSHIP LP MONTGOMERY STUART MEAD
602 E COOPER#202 200 1010 8TH AVE SW 3885 WISTARIA DR
ASPEN,CO 81611 CALGARY ALBERTA T2P 1J2, PORTLAND,OR 97212
EDH TRUST HYATT GRAND ASPEN CHAPLIN ARLENE 8.WAYNE
505 GREENWICH ST#9F 140 FOUNTAIN PKWY#570 54 LAGORCE CIR
NEW YORK,NY 10013 ST PETERSBURG,FL 33716 MIAMI BEACH.FL 33141
DANCING BEAR RES OWNERS ASSOC INC ASPEN RESIDENCE CLUB&HOTEL CONDO. HYATT GRAND ASPEN
411 S MONARCH ST 9002 SAN MARCO CT 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 ORLANDO,FL 32819 ST PETERSBURG,FL 33716
ILLINOIS AVE LLC MARUER JANIE K OPRT DANCING BEAR RES OWNERS ASSOC INC
623 E HOPKINS AVE LLC 1311 REGAL DR 411 S MONARCH ST
ASPEN,CO 81611 CARMEL,IN 46032 ASPEN,CO 81611
FH ASPEN LLC TREMOLS LUCILA CAD ASPEN CONDO LLC
4720 ROCKCLIFF RD#3 205 E DURANT AVE#3D 710 N 3RD ST
AUSTIN,TX 78746 ASPEN,CO 81611 ASPEN,CO 81611
EDH TRUST HYATT GRAND ASPEN WELLS RICH
505 GREENWICH ST#9F 140 FOUNTAIN PKWY#570 PO BOX 4867
NEW YORK,NY 10013 ST PETERSBURG,FL 33716 ASPEN,CO 81612
EDWARDS TRICIA TEEGARDIN HOROWITZ REV LIVING TRUST 99.9% HILL EUGENE D B III&JOAN L TRUST
500 N CAPITAL OF TEXAS HWY BLDG 4-100 140 FOUNTAIN PARKWAY#570 505 GREENWICH ST#9F
AUSTIN,TX 78746 ST PETERSBURG,FL 33716 NEW YORK,NY 10013
SWEET STAYS LLC ASPEN MOUNTAIN TOWNHOUSES ASSOC HILLMAN RICHARD H TRUST
891 14TH ST#3501 411 MEADOW CT 13564 D ESTE DR
DENVER,CO 80202 BASALT,CO 81621 PACIFIC PALISADES,CA 902722718
SLY ROBERT STANLEY FRIEDKIN THOMAS H&SUSAN J 918 MILL ST TOWNHOMES CONDO ASSOC
9 HALL ST PO BOX 5093 PO BOX 1116 918 S MILL ST
LYNEHAM ACT 2602 AUSTRALIA, RANCHO SANTA FE,CA 95067 ASPEN,CO 81611
HYATT GRAND ASPEN MITTLEMAN DAVID A TRUST HAZELL LOUISE ANNE
140 FOUNTAIN PKWY#570 201 MAISON CT 6 BANCROFT AVE
ST PETERSBURG,FL 33716 PALM BEACH GARDENS,FL 33410 ROSEVILLE NSW 2069 AUSTRALIA,
TOWNHOUSE76TH LLC TOP OF MILL AFF HOUSING RES HOA NORTH CAROLINA AVE LLC
184 E 75H ST 922 S MILL ST#A 623 E HOPKINS AVE
NEW YORK,NY 10021 ASPEN,CO 81611 ASPEN,CO 81611
ASPEN RESIDENCE CLUB&HOTEL CONDO, WEYMOUTH KATHARINE HYATT GRAND ASPEN
9002 SAN MARCO CT 3752 OLIVER ST NW 140 FOUNTAIN PKWY#570
ORLANDO,FL 32819 WASHINGTON,DC 20015 ST PETERSBURG,FL 33716
ASPEN/PITKIN COUNTY HOUSING AUTH 0.01 ROANOKE INVESTORS LP ARGUETA NOLVIA A
210 E HYMAN AVE#202 PO BOX 17 922 S MILL ST#B
ASPEN,CO 81611 ST ALBANS,MO 63073 ASPEN,CO 81611
ASPEN RESIDENCE CLUB&HOTEL CONDO, ERICKSON CLAIRE&BETTY FAMILY LP GRAND ASPEN LODGING LLC
9002 SAN MARCO CT PO BOX 245 140 FOUNTAIN PARKWAY STE 570
ORLANDO,FL 32819 LAKELAND,MN 55043 ST PETERSBURG, FL 33716
ASPEN/PITKIN COUNTY HOUSING AUTH 0.01 PENNSYLVANIA AVE LLC HYATT GRAND ASPEN
210 E HYMAN AVE#202 623 E HOPKINS AVE 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 ASPEN,CO 81611 ST PETERSBURG,FL 33716
SOUTH POINT CONDO ASSOC ONEAL SUSAN C FREIRICH MARK A
205 E DURANT AVE#3D 205 E DURANT AVE#1-1 PO BOX 774056
ASPEN,CO 81611 ASPEN,CO 81611 STEAMBOAT SPRINGS,CO 80477
BAKER DANA B ASPEN RESIDENCE CLUB&HOTEL CONDO. PEYTON MARI
200 CRESCENT CT#1450 9002 SAN MARCO CT 409 E COOPER#4
DALLAS,TX 75201 ORLANDO, FL 32819 ASPEN,CO 81611
DANCING BEAR RES OWNERS ASSOC INC BUSH STEVEN S MONTGOMERY BLAKE
411 S MONARCH ST 0046 HEATHER LN 1301 WEST MADISON AVE#408
ASPEN,CO 81611 ASPEN,CO 81611 CHICAGO,IL 60607
CITY OF ASPEN WALBOHM SAMARA HOROWITZ REV LIVING TRUST 99.9%
130 S GALENA ST BAY ADELAIDE CENTRE 140 FOUNTAIN PARKWAY#570
ASPEN,CO 81611 333 BAY ST#640 ST PETERSBURG,FL 33716
TORONTO ON M5H 2R2 CANADA,
MOP LLC ELLERBECK FAMILY PTNRSHP LTD II ARP INVESTMENTS L P
9101 ALTA DR#1801 2101 WAUKEGAN RD#210 535 E PLAINFIELD RD#B
LAS VEGAS,NV 89145 BANNOCKBURN, IL 60015 WILLOWBROOK,IL 60527
LOCHHEAD FAMILY TRUST 08/05/2009 DOLINSEK JOHN HYATT GRAND ASPEN
PO BOX 1216 619 S MONARCH ST 140 FOUNTAIN PKWY#570
TEMPLETON,CA 934651216 ASPEN,CO 81611 ST PETERSBURG,FL 33716
MAURER MICHAEL S QPRT HYATT GRAND ASPEN ESENJAY PETROLEUM CORP
1311 REGAL DR 140 FOUNTAIN PKWY#570 500 N WATER ST#1100 SOUTH
CARMEL,IN 46032 ST PETERSBURG,FL 33716 CORPUS CHRISTI,TX 78471
CHART HOUSE PROJECT OWNER LLC GORSUCH COOPER LLC HYATT GRAND ASPEN
0115 BOOMERANG RD#52018 263 E GORE CREEK DR 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 VAIL,CO 81657 ST PETERSBURG,FL 33716
BRENDAMOUR DOUGLAS P CHILDRENS TRL RHS ASPEN INVESTMENTS LLC DUPLEX INVESTMENTS LLC
6105 PARK RD 2737 E ARIZONA BITLMORE CIR#12 10601 N PENNSYLVANIA AVE
CINCINNATI,OH 45243 PHOENIX,AZ 85016 OKLAHOMA CITY,OK 73120
ASPEN RESIDENCE CLUB&HOTEL CONDO, ASPEN RESIDENCE CLUB&HOTEL CONDO, COLORADO 2012 TRUST
9002 SAN MARCO CT 9002 SAN MARCO CT 2 LONGFELLOW LN
ORLANDO,FL 32819 ORLANDO,FL 32819 LITTLE ROCK,AR 72207
DANCING BEAR RES OWNERS ASSOC INC CHART HOUSE PROJECT OWNER LLC CARSON LLC
411 S MONARCH ST 0115 BOOMERANG RD#5201 B 1562 S 187TH CIR
ASPEN,CO 81611 ASPEN,CO 81611 OMAHA,NE 68130
CHART HOUSE PROJECT OWNER LLC ASPEN RESIDENCE CLUB&HOTEL CONDO. HYATT GRAND ASPEN
0115 BOOMERANG RD#5201 B 9002 SAN MARCO CT 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 ORLANDO,FL 32819 ST PETERSBURG,FL 33716
SMITH FRANK FORD JR&KATHARINE LIND SHINE FAMILY LLC MOUNTAIN CHALET ENTERPRISES INC
2506 STRATFORD DR 8677 LOGO 7 COURT 333 E DURANT AVE
AUSTIN,TX 78746 INDIANAPOLIS,IN 46219-1430 ASPEN,CO 81611
TENNESSEE AVE LLC ASPEN RESIDENCE CLUB&HOTEL CONDO. EIDAM KAREN A TRUST
623 E HOPKINS AVE 9002 SAN MARCO CT 8432 CASTLE DR
ASPEN,CO 81611 ORLANDO,FL 32819 MUNSTER, IN 46321
VORTEX INVESTMENTS LLC DANCING BEAR RES CONDO ASSOC GOODMAN MARK
15 W 6TH ST#2400 411 S MONARCH ST 700 MONARCH ST#103
TULSA,OK 74119 ASPEN,CO 81612 ASPEN,CO 81611
CHART HOUSE PROJECT OWNER LLC STANTON JAMES GOLDREICH ELIZABETH&HILTON
0115 BOOMERANG RD#5201B 950 THIRD AVE 18TH FL 2204 BRADBURY CT
ASPEN,CO 81611 NEW YORK,NY 10022 PLANO,TX 75093
ASPENIPITKIN COUNTY HOUSING AUTHOR11 TRESTMAN EVAN F TRUST STANBROOK STEVEN&JUDY
210 E HYMAN AVE#202 111 VETERANS BLVD#1700 3063 MICHIGAN BLVD
ASPEN,CO 81611 METAIRIE,LA 70005 RACINE,WI 53402
HYATT GRAND ASPEN PACIFIC AVE LLC WARGASKI ROBERT E TRUST
140 FOUNTAIN PKWY#570 623 E HOPKINS AVE 30353 N DOWELL RD
ST PETERSBURG, FL 33716 ASPEN,CO 81611 MCHENRY, IL 60050
SCHERER ROBERT P TRUST MOUNTAINBOAT LLC BEATTY LUKE B &SUSAN E CASH
239 GILBERT ST 174 WATERCOLOR WY#103-111 181 N FRANKLIN ST
ASPEN.CO 81611 SANTA ROSA BEACH,FL 32459 DENVER,CO 80218
LYNTON BRUCE&MARGARET MIDDELBERG MARIA B MILLER DON E
PO BOX 9158 83 HAVEMEYER PL#A 300 MERCER ST APT 31 H
ASPEN,CO 81612 GREENWICH,CT 06830 NEW YORK, NY 10003
WACHTMEISTER ERIK C R EDLIN RICHARD&JANENE BILLINGSLEY BOYCE W TRUST
6248 WHITEHALL FARM LN 85 BUCKINGHAM RD 1206 N WALTON BLVD
WARRENTON,VA 201877247 TENAFLY,NJ 07670 BENTONVILLE,AR 72712
CHILDS INVESTMENT COMPANY SPAULDING RICHARD W&THOMPSON ELEL MICHAEL MELISSA MARY-SUE
0284 COUNTY RD 102 200 WHEELER RD FL 2 PO BOX 1006
CARBONDALE,CO 81623 BURLINGTON,MA 018035501 BURLINGAME,CA 94011
ASPEN DOLOMITE ASSOC NO 6 LLC CITY OF ASPEN ABRAHAMSON ERIK G
PO BOX 837 130 S GALENA ST 3000 HARGETT LN
VALLEY FORGE,PA 19482 ASPEN,CO 81611 SAFETY HARBOR,FL 34695
ASPEN RQ LLC ANDERSON ANGUS A SUMMIT PLACE CONDOS
320 MARTIN ST#100 277 WILLITS LN 750 S MILL ST
BIRIMINGHAM,MI 480091485 BASALT,CO 81621 ASPEN,CO 81611
GRAND ASPEN LODGING LLC HYATT GRAND ASPEN ROTMAN KENNETH B
140 FOUNTAIN PARKWAY STE 570 140 FOUNTAIN PKWY#570 22 ST CLAIR AVE EAST#1700
ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716 TORONTO ONTARIO CANADA M4T 253,
VALLEY INVESTMENTS LLC VALLEY INVESTMENTS LLC BROWNING J LEE BELIZE TRUST
602 E COOPER#202 602 E COOPER#202 0201 HEATHER LN
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611
JLH TRUST HYATT GRAND ASPEN HYATT GRAND ASPEN
505 GREENWICH ST#9F 140 FOUNTAIN PKWY#570 140 FOUNTAIN PKWY#570
NEW YORK,NY 10013 ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716
HYATT GRAND ASPEN ASPEN RESIDENCE CLUB&HOTEL CONDO. GOSS NICOLE
140 FOUNTAIN PKWY#570 9002 SAN MARCO CT PO BOX 10672
ST PETERSBURG,FL 33716 ORLANDO,FL 32819 ASPEN,CO 81612
HYATT GRAND ASPEN ROARING FORK RIVER MANAGEMENT LLC HYATT GRAND ASPEN
140 FOUNTAIN PKWY#570 1233 EDLIN PL 140 FOUNTAIN PKWY#570
ST PETERSBURG,FL 33716 MINNEAPOLIS,MN 55416 ST PETERSBURG,FL 33716
UNIFIED CREDIT TRUST HYATT GRAND ASPEN SILBERMAN IAN R
300 S POINTE DR#2403 140 FOUNTAIN PKWY#570 8182 MARYLAND AVE#801
MIAMI BEACH,FL 33139 ST PETERSBURG,FL 33716 SAINT LOUIS,MO 63105
DANCING BEAR PROJECT OWNER LLC SKI TOWN GORSKI LLC HYATT GRAND ASPEN
0115 BOOMERANG RD#5201 B 9012 W 126TH ST 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 PALOS PARK,IL 60464 ST PETERSBURG,FL 33716
TELEMARK CONDO ASSOC RUBEY PARK LLC HYATT GRAND ASPEN
611 S MONARCH ST 400 E MAIN ST 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 ASPEN,CO 81611 ST PETERSBURG,FL 33716
911 SOUTH MILL ST LLC HOROWITZ REV LIVING TRUST 99.9% HYATT GRAND ASPEN
911 S MILL ST 140 FOUNTAIN PARKWAY#570 140 FOUNTAIN PKWY#570
ASPEN,CO 81611 ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716
VALLEY INVESTMENTS LLC NOREN LARA L ASPEN RQ LLC
602 E COOPER#202 11211 FONTHILL DR 320 MARTIN ST#100
ASPEN,CO 81611 INDIANAPOLIS,IN 46236-8630 BIRIMINGHAM,MI 480091485
NILES LARRY&LILY TRUST ROBERT FAMILY TRUST PONDER KATHY J
1172 BIENVENIDA AVE 771 FERST DR 1209 NW 85TH ST#206
PACIFIC PALISADES,CA 90272 ATLANTA,GA 30332-0245 SEATTLE,WA 98117
ELDER TRUST BROWN STEVEN SHANE&KRISTINE TELEMARK ASPEN LLC
PO BOX 308 222 N DIANTHUS ST 55 SECOND ST
LA JOLLA,CA 92038-0308 MANHATTAN BEACH,CA 90266 COLORADO SPRINGS,CO 80906
ASPEN RQ LLC MCLENDON IAN DANCING BEAR RES OWNERS ASSOC INC
320 MARTIN ST#100 3092 EDISON CT 411 S MONARCH ST
BIRIMINGHAM,MI 480091485 BOULDER,CO 80301 ASPEN,CO 81611
KULLGREN NANCY A S C JOHNSON AND SON INC HUDSON KAREN DAY
205 E DURANT AVE UNIT 2-C 1525 HOWE ST 409 E COOPER AVE
ASPEN,CO 81611 RACINE,WI 53403 ASPEN,CO 81611
EDH TRUST DOLOMITE VILLAS CONDO ASSOC HISTORIC REAL ESTATE LLC
505 GREENWICH ST#9F COMMON AREA 11400 GROOMS RD
NEW YORK,NY 10013 650 S MONARCH ST CINCINNATI,OH 45242
ASPEN,CO 81611
HYATT GRAND ASPEN CHART HOUSE PROJECT OWNER LLC GAFFEY KATHLEEN E REV TRUST
140 FOUNTAIN PKWY#570 0115 BOOMERANG RD#5201 B 793 PARKVIEW CT
ST PETERSBURG,FL 33716 ASPEN,CO 81611 GLEN ELLYN, IL 60137
800 S MILL STREET LLC DESTINATION HOLDINGS FIFTH AVE LLC HYATT GRAND ASPEN
750 PARK AVE#4E 333 RIVER VALLEY RANCH DR 140 FOUNTAIN PKWY#570
NEW YORK,NY 100214386 CARBONDALE,CO 81623 ST PETERSBURG,FL 33716
233 COOPER ASPEN LLC GRAND ASPEN LODGING LLC TOP OF MILL INVESTMENTS LLC
1035 N DEARBORN ST FL 19 140 FOUNTAIN PARKWAY STE 570 201 ST CHARLES AVE#4300
CHICAGO,IL 60610 ST PETERSBURG,FL 33716 NEW ORLEANS,LA 70170
DANCING BEAR RES OWNERS ASSOC INC AGUILERA DENINE GRAY W CALVIN JR&CONSTANCE M
411 S MONARCH ST 922 S MILL ST#3C PO BOX 140
ASPEN,CO 81611 ASPEN,CO 81611 CENTREVILLE,MD 21617-0140
MSMS LLC PLATTS JOHANNA E TOWNE PLACE CONDO ASSOC
17701 SHAKER BLVD 740 FLAGSTAFF RD 730 E DURANT AVE
SHAKER HEIGHTS,OH 44120 BOULDER,CO 80302 ASPEN,CO 81611
ASPEN/PITKIN COUNTY HOUSING AUTH 0.01 ASPEN SKIING COMPANY LLC VANSTONE NATALIE 8 SIMON
210 E HYMAN AVE#202 PO BOX 1248 747 SOUTH GALENA ST#10
ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611
SILVER QUEEN LLC PEDRO STEVEN 8 JERI MARCH CAROL K
PO BOX 24540 7833 OAKMONT BLVD#110 574 MONTROSE LN
OKLAHOMA CITY,OK 73124 FORT WORTH,TX 76132 ST PAUL,MN 55116
HYATT GRAND ASPEN CHART HOUSE PROJECT OWNER LLC GM 8 MJ PROPERTIES LLC
140 FOUNTAIN PKWY#570 0115 BOOMERANG RD#5201 B 1900 MYRTLE ISLAND DR
ST PETERSBURG,FL 33716 ASPEN,CO 81611 LAS VEGAS,NV 89117
DANCING BEAR PROJECT OWNER LLC SKI TOWN DONCER LLC ASPEWPITKIN COUNTY HOUSING AUTH 0.01
0115 BOOMERANG RD#5201 B 7660 W 124TH PL 210 E HYMAN AVE#202
ASPEN,CO 81611 PALOS HEIGHTS,IL 60463 ASPEN,CO 81611
RUBEY PARK LLC AZTEC CONDO ASSOC 5 SPOKES PARTNERSHIP LP
400 E MAIN ST 601 S MONARCH ST 351 RANDALL WY
ASPEN,CO 81611 ASPEN,CO 81612 OAKLAND,MD 215506965
ASPEN RESIDENCE CLUB&HOTEL CONDO. CLARK ERIC ANDREW&JULIET DUKE ASPEN RESIDENCE CLUB&HOTEL CONDO.
9002 SAN MARCO CT 3621 WENTWOOD DR 9002 SAN MARCO CT
ORLANDO,FL 32819 DALLAS,TX 75225 ORLANDO,FL 32819
GRAND ASPEN LODGING LLC HYATT GRAND ASPEN SOLOMON GARY GRANDCHILDRENS TRUST
140 FOUNTAIN PARKWAY STE 570 140 FOUNTAIN PKWY#570 3139 N LINCOLN AVE#212
ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716 CHICAGO, IL 60657
CASCADE TOWNHOUSE VILLAS CONDO BAKER STEPHANIE ZUCKER HOWARD B
239 GILBERT ST 200 CRESCENT CT#1450 50 S STEELE ST#930
ASPEN,CO 81611 DALLAS,TX 75201 DENVER,CO 802092814
GERBER ANDREW BORIS GISELA DOLOMITE VILLAS CONDO ASSOC
465 N MILL ST 15-102 PO BOX 156 COMMON AREA
ASPEN,CO 81611 VAIL,CO 81658 650 S MONARCH ST
ASPEN,CO 61611
G A RESORT CONDO ASSOC INC MONARCH ON THE PARK CONDO ASSOC GOLDSMITH ADAM D
1000 S MILL ST 233 E COOPER AVE PO BOX 9069
ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612
GORSUCH COOPER LLC CITY OF ASPEN NOREN JEFFREY L
263 E GORE CREEK DR 130 S GALENA ST 11211 FONTHILL DR
VAIL,CO 81657 ASPEN,CO 81611 INDIANAPOLIS, IN 46236
TARBY THOMAS N&JOYCE W TRUST HYATT GRAND ASPEN CHART HOUSE PROJECT OWNER LLC
16417 PELLETT DR 140 FOUNTAIN PKWY#570 0115 BOOMERANG RD#52018
FENTON,MI 48430 ST PETERSBURG, FL 33716 ASPEN,CO 81611
WHEELER CONNIE C ASPEN RESIDENCE CLUB&HOTEL CONDO. GLOBAL FAMILY AFFAIRS LLC
305 E 55TH ST#202 9002 SAN MARCO CT 3115 WHITE EAGLE DR
NEW YORK, NY 10022-4148 ORLANDO, FL 32819 NAPERVILLE,IL 60564
SCHAINUCK LEWIS I&MICHELLE T SHEFFER BARBARA ASPENIPITKIN COUNTY HOUSING AUTH 0.01
3235 HARBOR VIEW DR PO BOX 2763 210 E HYMAN AVE#202
SAN DIEGO,CA 921062917 BASALT,CO 81621 ASPEN,CO 81611
LKGCO LLC SOUTH POINT CONDO LLC MEEPOS PENNY K LIV TRUST
2100 WOODSTOCK RD 150 N MARKET 2999 OVERLAND AVE#130
GATES MILLS.OH 44040 WICHITA,KS 67202 LOS ANGELES,CA 90064
SCOTT OSWALD VIRGIL JR CORKSCREW LLC RUPERT INVESTMENTS LP
500 N CAPITAL OF TEXAS HWY BLDG 4-100 PO BOX 24540 150 N MARKET
AUSTIN,TX 78746 OKLAHOMA CITY,OK 73124 WICHITA,KS 67202
CROW MARGERY K RIDOUT ROBBYE L REV TRUST HYATT GRAND ASPEN
46103 HIGHWAY 6 42 COUNTRY CLUB CIR 140 FOUNTAIN PKWY#570
GLENWOOD SPRINGS,CO 81601 SEARCY.AK 72143 ST PETERSBURG,FL 33716
FASCHING HAUS EAST CONDO ASSOC HYATT GRAND ASPEN SISTER HALL LLC
747 S GALENA ST 140 FOUNTAIN PKWY#570 607 SHORT ST
ASPEN,CO 81611 ST PETERSBURG,FL 33716 LAGUNA BEACH,CA 92651
CHART HOUSE PROJECT OWNER LLC PAUL JACOB&PATRICIA FLAVIN REV TRUS FJR PROPERTIES LLC
0115 BOOMERANG RD#5201 B 31 DEKOVEN CT PO BOX 1403
ASPEN,CO 81611 BROOKLYN,NY 11230 VAIL,CO 81658
M&M INVESTMENTS SIMPSON JANET MARIE DAUBENMIER STEVE R TRUST
679 BRUSH CREEK RD 233 E COOPER AVE#205 23623 N SCOTTSDALE RD#D3
ASPEN,CO 81611 ASPEN,CO 81611 SCOTTSDALE,AZ 85255-3471
HYATT GRAND ASPEN STRAWBRIDGE R STEWART SHLESINGER JOSEPH
140 FOUNTAIN PKWY#570 3801 KENNETH PIKE STE B-100 333 BAY ST#640
ST PETERSBURG,FL 33716 WILMINGTON,DE 19807 TORONTO ON M5H 2112 CANADA,
PAY ERIC GEOFFREY ASPEN RESIDENCE CLUB&HOTEL CONDO. TOP OF MILL LLC
747 S GALENA#13 9002 SAN MARCO CT 211 N STADIUM BLVD#201
ASPEN,CO 81611 ORLANDO,FL 32819 COLUMBIA,MO 65203
RHOADES CHRISTINE ANN LYON L T GRAND ASPEN LODGING LLC DLH ASPEN-MILL LLC
644 GRIFFITH WAY 140 FOUNTAIN PARKWAY STE 570 5956 SHERRY LN
LAGUNA BEACH,CA 92651 ST PETERSBURG,FL 33716 DALLAS,TX 75225
RESOLUTION ASPEN LLC HYATT GRAND ASPEN HILL EUGENE D B III&JOAN L TRUST
4 HUNTERS RIDGE CT 140 FOUNTAIN PKWY#570 505 GREENWICH ST#9F
HOUSTON,TX 77024 ST PETERSBURG, FL 33716 NEW YORK,NY 10013
ASPEN SKIING COMPANY LLC FASCHING HAUS CONDO ASSOC KELTNER DONALD H TRUST
PO BOX 1248 730 E DURANT AVE PO BOX 4129
ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81612
LEVY HELEN JOAN TRUST ASPEN RESIDENCE CLUB&HOTEL CONDO. HYATT GRAND ASPEN
421 WARWICK RD 9002 SAN MARCO CT 140 FOUNTAIN PKWY#570
KENILWORTH,IL 60043-1145 ORLANDO,FL 32819 ST PETERSBURG,FL 33716
PAY-ASE PROPERTIES LLC GM 8 MJ PROPERTIES LLC GRAND ASPEN LODGING LLC
4888 DAVIS BLVD STE 284 1900 MYRTLE ISLAND DR 140 FOUNTAIN PARKWAY STE 570
NAPLES,FL 34104 LAS VEGAS,NV 89117 ST PETERSBURG,FL 33716
ASPEN SHAW PROPERTIES LLC HYATT GRAND ASPEN HS MONARCH STREET LLC
PO BOX 61347 140 FOUNTAIN PKWY#570 800 E 96TH ST#500
DENVER,CO 80206 ST PETERSBURG, FL 33716 INDIANAPOLIS,IN 46240
CHART HOUSE PROJECT OWNER LLC JONES M DOUGLAS JR JAMES FAMILY TRUST
0115 BOOMERANG RD#5201 B 1200 CHEROKEE ST#407 1 CASTLEWOOD CT
ASPEN,CO 81611 DENVER,CO 80204 NASHVILLE,TN 37215-4617
BORNEMAN BRADLEY A 342 SUMMIT STREET B LLC FORD NOLA M TRUST
PO BOX 552 116 S ASPEN ST 700 MONARCH ST#203
BOYERTOWN,PA 19512 ASPEN,CO 81611 ASPEN,CO 81611
HANSEN BRUCE G ABSOLUTE II LLC LLOYD JAMES OTIP TRUST
2020 S ONEIDA ST#210 PO BOX 673 PO BOX 1845
DENVER,CO 80224 GAYLORD,MI 49734 WILSON,WY 83014
FELDMAN SELMA CLARK TODD ROSS MATTHEW N
300 S POINTE DR#2403 731 S MILL ST 175 RIVER OAKS LN
MIAMI BEACH,FL 331397329 ASPEN,CO 81611 BASALT,CO 81621
BUFFALO PASS R E HOLDINGS LLC DANCING BEAR RES CONDO ASSOC 800 MILL 303 LLC
85 MEMORIAL RD#505 411 S MONARCH ST 515 W GILLESPIE ST
WEST HARTFORD,CT 06107 ASPEN,CO 81612 ASPEN,CO 81611
CRABS MICHAEL A HERMAN MARTIN D REV TRUST 315 EAST DEAN ASSOC INC
10463 LA REINA RD 320 W WELLINGTON AVE 150 E 58TH ST 14TH FL
DELRAY BEACH,FL 33446 CHICAGO, IL 60657 NEW YORK,NY 10155
COOPER TWO LLC PARKER RICHARD C&KAREN S BRIGHT GALEN
950 HILL RD 3029 BAKER MDWS SE 205 E DURANT AVE#3D
WINNETKA,IL 60093 ATLANTA,GA 303394814 ASPEN,CO 81611
CHRISTY JOAN CHART HOUSE PROJECT OWNER LLC SILVER SHADOW AKA 651 MONARCH COND,
3415 EAST LAKE RD 0115 BOOMERANG RD#5201 B 651 MONARCH
SKANEATELES,NY 13152 ASPEN,CO 81611 ASPEN,CO 81611
HYATT GRAND ASPEN HOROWITZ REV LIVING TRUST 99.9% WEISS AUSTIN R&REBECCA L
140 FOUNTAIN PKWY#570 140 FOUNTAIN PARKWAY#570 922 S MILL ST#1 (A)
ST PETERSBURG,FL 33716 ST PETERSBURG,FL 33716 ASPEN,CO 81611
HYATT GRAND ASPEN SISO LLC ASPEN/PITKIN COUNTY HOUSING AUTH 0.01
140 FOUNTAIN PKWY 111570 320 MARTIN ST#100 210 E HYMAN AVE#202
ST PETERSBURG,FL 33716 BIRMINGHAM,MI 48009 ASPEN,CO 81611
HYATT GRAND ASPEN ASPEN RESIDENCE CLUB&HOTEL CONDO. STUART FAMILY TRUST
140 FOUNTAIN PKWY#570 9002 SAN MARCO CT 1 CASTLEWOOD CT
ST PETERSBURG,FL 33716 ORLANDO,FL 32819 NASHVILLE,TN 37215
HOROWITZ REV LIVING TRUST 99.9% VANTONGEREN LIDIA HEARST BARBARA BIRCH REV TRUST
140 FOUNTAIN PARKWAY#570 2000 E 12TH AVE BOX 8 131 TREASURE HILL RD
ST PETERSBURG,FL 33716 DENVER,CO 80206 SOUTH KENT,CT 06785
LIFT ONE LODGE ASPEN LLC HOROWITZ REV LIVING TRUST 99.9% FASCHING HAUS CONDO ASSOC
10880 WILSHIRE BLVD STE#2222 140 FOUNTAIN PARKWAY#570 730 E DURANT AVE
LOS ANGLES,CA 90024 ST PETERSBURG,FL 33716 ASPEN,CO 81611
CHART HOUSE PROJECT OWNER LLC SMITH FREDERICK P&ESTHER DANCING BEAR RES OWNERS ASSOC INC
0115 BOOMERANG RD#5201 B 5454 WISCONSIN AVE#1300 411 S MONARCH ST
ASPEN,CO 81611 CHEVY CHASE,MD 208156908 ASPEN,CO 81611
SOUTH POINT CONDO ASSOC ASPEN RESIDENCE CLUB&HOTEL CONDO. RUDNICKI LLC
PO BOX 4100 9002 SAN MARCO CT 1922 W 36TH AVE
BASALT,CO 81621 ORLANDO,FL 32819 DENVER,CO 80211
HYATT GRAND ASPEN ALPENBLICK TOWNHOUSES CONDO ASSOC HYATT GRAND ASPEN
140 FOUNTAIN PKWY#570 710 S MILL ST 140 FOUNTAIN PKWY#570
ST PETERSBURG,FL 33716 ASPEN,CO 81611 ST PETERSBURG,FL 33716
LOCHHEAD FAMILY TRUST 08/0512009 ELLERSTEIN DAVID SMITH RONA K
PO BOX 1216 PO BOX 552 PO BOX 9069
TEMPLETON,CA 934651216 BOYERTOWN,PA 19512 ASPEN,CO 81612
PASCHALL BARBARA HYATT GRAND ASPEN DELANEY ANTHONY JAMES
6918 LUPTON OR 140 FOUNTAIN PKWY#570 6 BANCROFT AVE
DALLAS,TX 75225 ST PETERSBURG, FL 33716 ROSEVILLE NSW 2069 AUSTRALIA,
BECKMAN SUSAN REV TRUST LOUGHEAD EDWARD MAIORANO FRANK MARC
5918 PRICE RD PO BOX 552 112 18TH ST
MILFORD,OH 45150 BOYERTOWN,PA 19512 MANHATTAN BEACH,CA 90266
PARK PLACE CONDO ASSOC BAP INVESTMENTS L P ASPEN RESIDENCE CLUB&HOTEL CONDO.
COMMON AREA 535 E PLAINFIELD RD#B 9002 SAN MARCO CT
408 S MILL ST WILLOWBROOK,IL 60527 ORLANDO, FL 32819
ASPEN,CO 81611
SCHAYER JANET A MILLER BECKY B&PETER C APRIL FAMILY TRUST
900 KINSEY AVE 200-06 CROSS ISLAND PKWY 3501 S 154TH ST
KREMMLING,CO 80459 BAYSIDE, NY 11360 WICHITA,KS 67232-9426
FLYNN MICHAEL T HANSEN JULIA S TRUST GRAND ASPEN LODGING LLC
509 VIRGINIA DARE DR 255 SEASPRAY AVE 140 FOUNTAIN PARKWAY STE 570
VIRGINIA BEACH,VA 23451 PALM BEACH,FL 33480 ST PETERSBURG,FL 33716
GA RESORT CONDO ASSOC RUTKOWSKI AMY ROMMA LLC
140 FOUNTAIN PARKWAY#570 922 S MILL ST#4D 15 CRESCENT ST
ST PETERSBURG,FL 33716 ASPEN,CO 81611 SAG HARBOR, NY 11963
ASPEN RESIDENCE CLUB&HOTEL CONDO. HYATT GRAND ASPEN PRENTICE GWYN A
9002 SAN MARCO CT 140 FOUNTAIN PKWY#570 2001 SHAWNEE MISSION PKY
ORLANDO,FL 32819 ST PETERSBURG,FL 33716 SHAWNEE MISSION,KS 66205
HYATT GRAND ASPEN 800 SOUTH MILL LLC ASPEN/PITKIN COUNTY HOUSING AUTH 0.01
140 FOUNTAIN PKWY#570 32460 EVERGREEN RD 210 E HYMAN AVE#202
ST PETERSBURG,FL 33716 FRANKLIN,MI 48025 ASPEN,CO 81611
CHIATE PROPERTIES LLC HBN FAMILY TRUST KAY JENNIFER HARRIS
18 CIBRIAN DR 9420 WILSHIRE BLVD 4TH FLR 504 N PARKWAY
BELVEDERE TIBURON,CA 94920 BEVERLY HILLS,CA 90212 GOLDEN BEACH,FL 33160
CHAIR 10 HOLDINGS LLC HYATT GRAND ASPEN GLOBAL FAMILY AFFAIRS LLC
PO BOX 156 140 FOUNTAIN PKWY#570 3115 WHITE EAGLE DR
VAIL,CO 81658 ST PETERSBURG,FL 33716 NAPERVILLE,IL 60564
GRAND ASPEN LODGING LLC JLB PECAN ANTONIO INVEST LLC SINGER JEFFREY S
140 FOUNTAIN PARKWAY STE 570 10001 REUNION PL#230 8182 MARYLAND AVE#801
ST PETERSBURG,FL 33716 SAN ANTONIO,TX 782164105 SAINT LOUIS,MO 63105
RUBEY PARK LLC MURCHISON ANNE A TRUST FIFTH AVENUE CONDO ASSOC
400 E MAIN ST PO BOX 8968 800 S MILL ST
ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611
INDIANA AVE LLC TYLER SANDRA SCOTT TRUST ATTERBURY ANDREW L
623 E HOPKINS AVE 2190 ALISOS DR 2001 SHAWNEE MISSION PKY
ASPEN,CO 81611 SANTA BARBARA,CA 93108 SHAWNEE MISSION,KS 66205
TOP OF MILL TH HOA AVERITT DON R JLH TRUST
911 S MILL ST 6918 LUPTON 505 GREENWICH ST#9F
ASPEN,CO 81611 DALLAS,TX 75225 NEW YORK, NY 10013
TOWNE PLACE OF ASPEN CONDO ASSOC IN HYATT GRAND ASPEN AGLEY ALISON FOTO
200 E DURANT AVE 140 FOUNTAIN PKWY#570 PO BOX 7911
ASPEN,CO 81611 ST PETERSBURG,FL 33716 ASPEN,CO 81612