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HomeMy WebLinkAboutLanduse Case.CO.228 E Cooper Ave.0054.2008.ASLUw .s THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0054.2008.ASLU 2737-18-2-18-001 228 E. COOPER AVE JENNIFER PHELAN/DREW ALEXANDER CONDO OF SIX UNITS LIMELITE REDEVELOPEMENT 11 /24/08 Angela Scorey 2'~ 3~ - ~ 8-2 ~ g _ oo t - C~oStF~ 2©08 .4~31_.l~ i _ i ti. -o ~ ~. ti Man Permit Type aslu -Aspen Land USe Pbrldtx 0059,2008.ASLu Address 228 E COOPER AVE J Apt/Suite City ASPEN State CO - Zip 816 11 J Pemst Informatlon Master Permit- J Routing Queue asiu07 Applied 11/05!2008 Project J Stasis Pending Approved f J Dewipaon CONDOMINIUMI2ATION OF SIk UNITS -MONARCH ON THE PARK PRO7ECi. Issued Final ~ J Submitted GERALD M BIEHL 303.592.9112 Clock Running Days ~ Expires 10/31j2009 Owner _:-. Last Name LIMELITE REDEVELOPMEM J Fksf Name Phone ~- rOwner Is App6cant7 Applicant _.. ___ Last Name LIMELiIE REDEVELOPMENT J FirstName~- Phone ~ Cust x 28915 ___. Lender _ Last Name ~ J First Name Phone s _ Permt lenders lup address AspenGold(bJ Record 1 0l 1 ~o2Qy2sOO2'l~ C~c..R~.4- ~ "~3 S .~ ,., Note of Recordation: 11/24/2008 ti.. Case number: 0054.2008.ASLU, 228 E. Cooper Ave (Monarch on the Park) Condo Plat Planner assigned: Drew Alexander Book number: 89, page 11- Reception number: 554415 Declaration number: 554413 Amenities agreement number: 554414 ,.-, ~~. NOTICE OF APPROVAL For An Approval of a Condominium Plat Parcel ID No. 2737-18-2-18-001, 2737-18-2-19-001 APPLICANT: Limelight Redevelopment, LLC for 228 E. Cooper Ave. REPRESENTATIVE: Jerry Biehl, General Management Real Estate Services, INC. SUBJECT OF Monazch on the Park Condominium Plat, 228 E. Cooper AMMENDMENT: SUMMARY: On behalf of the Owner's Association for 228 E. Cooper Ave., Jerry Biehl has applied for an approval of a condominium plat map. The Monazch on the Park development will be finished in a series of three phases, this being the first. STAFF EVALUATION: In order to obtain approval for a Condominium Plat, the applicant must adhere to the requirements pursuant to Sec. 26.480.090 of the City of Aspen Land Use Code. Staff finds that the proposed condominium plat map meets the criteria for approval. DECISION: The Community Development Director finds the application is consistent with the review criteria for Condominiumization Subdivision and thereby, APPROVES the plat as specified below. The approved condominium plat for 228 E. Cooper Ave, Monarch on the Park, allows for a plat to be recorded at the Pitkin County Clerk and Recorder Office. Appropriate signatures, including the Director of Community Development and the City Engineer, will be required. APPROVED BY: i Chris Bendon Community Development Director Date ,.., ~, v.,, Condo Plat Checklist: Ref. City of Aspen Land Use Code, Part 400, Chapter 480, Section 090 - Case: OOSy.a~p4 N~6NArc4-} o+~ TWG PARK - Date: P /o"> ~68 - Planner assigned: i~RE~ ~LEx~N°E2 ^ Yes ^ No: Required Certificates on Plat Map Yes ^ No: Lien Holder Consent and Subordination t~ Yes ^ No: Surveyor's Certificate LI Yes ^ No: Title Certificate Yes ^ No: Declarant'sCertificate ^ Yes;LY No: City Engineer's Approval Yes ^ No: Community Development Directors Approval Yes ^ No: A certificate of filing for the Pitkin County Clerk and Recorder Notes: C1laN~E ~~GrT7' CaMMV.~ITY ~€vEtaPMEN7 ~4r~r.~2,i io " ~ i?Y rNU iNFEfz- ~~ ^ Yes ~ No: Accurate and understandable dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important Yes ^ No: A scale representing one (1) inch equals one hundred (100) feet or larger Yes ^ No: Under Surveyor's Certificate language, there must be a statement explaining that the control precision is greater than 1 in 10,000. Yes ^ No: A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and copies of any monument records required of the land surveyor. Yes ^ No: Common access, utilities and drainage are accessible to all units benefiting from common utilities. i O General Notes: ?y Engineering Requirements: ,--~, 4, x" ^ Survey performed or verified within the last 12 months ^ Surveyor's certificate stating that the error of closure is less than 1/10,000 ^ Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersections (shown at a scale of 1" = 400') ^ Monuments placed (or reference monument or witness to the corner) at all corners of the boundary of the property, unless already marked or referenced by an existing monument of witness to the corner. ^ Legend of symbols ^ Survey tied to USGA, NGS or local government monument system ^ Overlaps and gores along the exterior of the boundaries ^ Legal description of property ^ Existing building(s) locations and dimensions with ties ^ All improvements within five feet of property boundaries ^ Gross land area to the nearest thousandth of an acre ^ One foot contours and the datum of the elevations ^ Basis of bearing and point of beginning graphically ^ Roads (edge of pavement as applicable), Rights-of-Way and distance to the nearest intersecting street if within 200' of property ^ label easements and encroachments, add reference numbers as applicable ^ Indication of access to public rights-of-way on land such as curb cuts and driveways, and to and from waters adjoining the surveyed tract. ^ List setbacks and building envelopes ^ Names of adjoining owners of platted lands or subdivision names ^ Any changes in street right of way lines either completed or proposed ^ Location, species, trunk diameter of trees at 4%` from ground, and extents of drip line ^ Natural hazards; the designation of all areas that constitute natural hazard areas including but not limited to snow slide, avalanche, mudslide, and rockslide. ^ Delineate areas with slopes form 20%to 30% and areas with slopes greater than 30% ^ Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps of the state of local equivalent, by scaled map location and graphic plotting only). ^ Location of all utilities existing on or serving the surveyed property as determined by observed evidence and observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information). ^ List of all documents used in the survey with recoding information _, ~, RECEPTION#: 554414, 11/20/2008 at 09:14:01 AM, 1 OF 3, R $16.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO Upou Recordiue Return To: Les Roos 500 Golden Eagle Drive Broom£eld, Colorado 80020 AMENITIES USE AGREEMENT This Amenities Use Agreement ("Agreement") is made between New Limelight LLC, a Colorado limited liability company ("New Limelight") and Monarch on the Pazk Condominium Owners Association, a Colorado nonprofit corporation (the "Association"). RECITALS A. New Limelight owns certain real property located in the City of Aspen, County of Pitkin, State of Colorado, described as the North Pazcel, Limelight Subdivision/Planned Unit Development, as shown on the plat recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado (the "Limelight Lodge Property"). New Limelight intends to operate a hotel known as the Limelight Lodge on the Limelight Lodge Property. B. The real property located across the street from the Limelight Lodge Property, which is described as the South Pazcel, Limelight Subdivision/Planned Unit Development, as shown on the plat recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado, is being developed as a condominium by Limelite Redevelopment, LLC, a Colorado limited liability company ("Declarant"), known as Monarch on the Pazk pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes 38-33.3-101 et. seq. The Association is responsible for the management, operation and maintenance of the common elements of Monarch on the Pazk, administration of the covenants, conditions, and restrictions of Monazch on the Park, and other similaz responsibilities, and its members aze all of the owners of units in Monazch on the Park. New Limelight is entering into and recording this Agreement to provide record notice of the right of owners of residential units in the Monarch on the Park and their guests to use the swimming pool and surrounding courtyazd and the lobby azeas of the Limelight Lodge and the housekeeping services that will be offered to owners of residential units in the Monarch on the Pazk and their guests, subject to the terms and provisions of this Agreement. AGREEMENT Now, therefore, New Limelight and the Association hereby agree and New Limelight hereby declazes that the Limelight Lodge Property shall be encumbered by and held, sold and conveyed subject to the following covenants, conditions, and other provisions of this Agreement. 1. Use of the swimming pool and surrounding courtyard and the lobby azeas of the Limelight Lodge will be offered to owners of residential units in the Monarch on the Park and their guests and housekeeping services will be offered to such owners and their guests through the management company for the Monarch on the Park (collectively the "Amenities"), provided that housekeeping services will be offered at a fair and reasonable cost in relation to the cost of providing such housekeeping services. In accordance with the provisions of the Declazation of Covenants, Conditions and Restrictions for Monazch on the Pazk, neither Declazant, New 1 ~„, ..~ Limelight, nor any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, nor their respective members, managers, shazeholders, directors, officers, partners, employees, agents, successors and assigns, shall have any liability of any nature whatsoever pertaining to use of the Amenities by owners of units in the Monazch on the Pazk and their guests, except for liability resulting from the gross negligence or intentional misconduct of Declazant, New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, or their respective members, managers, shareholders, directors, officers, partners, employees, agents, successors and assigns. As a consequence of their use of the Amenities, each owner of a residential unit in the Monarch on the Pazk and their guests agree to indemnify and hold harmless Declazant, New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, and their respective members, managers, shazeholders, directors, officers, partners, employees, agents, successors and assigns from any and all claims and liability of any nature whatsoever pertaining to use of the Amenities by such owners of units in the Monazch on the Park and their guests, except for claims or liability resulting from the gross negligence or intentional misconduct of Declarant, New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, or their respective members, managers, shareholders, directors, officers, partners, employees, agents, successors and assigns. Upon request, each owner of a residential unit and its guests using the Amenities shall execute and deliver to Declarant, New Limelight or such other owner or operator or management company a release of liability and indemnity agreement consistent with the foregoing provisions. Any owner and any owner's guests may be excluded from use of any or all of the Amenities if such owner or their guests' conduct or behavior is inappropriate or otherwise detrimental or damaging to the Limelight Lodge or its operation as determined by New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, in their sole but reasonable discretion. 2. If, at any time after execution and recording of this Agreement, Leroy Dale Pans, Chazlotte R. Paas, Rick L. Woolery, or Nina Susan Woolery or any of their children, grandchildren or the spouses of any such children or grandchildren, do not control the operation of the Limelight Lodge, the rights and benefits to the Amenities accruing to the owners of units in the Monazch on the Pazk and their guests provided herein may be terminated upon not less than forty five (45) days written notice to the Association and upon such notice the owners of units in the Monazch on the Pazk and their guests shall have no further rights or benefits to the Amenities. Such termination may be evidenced by the recording of a document stating such termination in the Clerk and Recorder's office for Pitkin County, Colorado, which document shall release of record the Limelight Lodge Property from any encumbrance or restriction of any nature whatsoever provided in this Agreement. 2 %T ~/ In witness whereof, this Amenities Use Agreement has been executed as of the dates specified below. STATE OF COLORADO Go ) ~- ) ss. COUNTY OF /"~ t~i y ) New Limelight LLC, a Colorado limited liability company By: Limelite, Inc., a Colorado corporation, Manager .~ By: . oy Dale Paas, President The foregoing instrument was acknowledged before me this ~ day of n/ov. 2008, by Leroy Dale Paas as President of Limelite, Inc., a Colorado corporation, Manager of New Limelight LLC, a Colorado limited liability company My commission expires: ~9~~L 20/2 [SEAL] ~ ' / /~ %~--/ otary Public Monarch on the Park Condominium Owners Association, a Colorado nonprofit corporation STATE OF COLORADO ) ss. COUNTY OF ~e h Y~~ ) B~~ t / ~/. -~ President The oregoing instrument was acknowledged before me this ~`l day of Nov 2008, by YGt ( i as President of Monazch on the Park Condominium Owners As ciation, a Colorado nonprofit corporation. My commission [SEAL] : ?oTAR~ L~ Z'7, 2~~. Notary ublic WtyComnission ,, ,~. ,.s Drew Alexander From: Les Roos [lesroos@comcast.netJ Sent: Wednesday, November 12, 2008 10:33 AM To; Drew Alexander; 'Cate Love' Cc: Jerry Biehl; jenifer@gmco.org; Steve Szymanski; Sandy Sidur Subject: RE: Edits to the Monarch on the Park Condo Plat Drew, Thanks for your follow up. Since you are our contact for the condo map approval process, I want to address our plan for recording the condo map after its approval. As we discussed, we will obtain all required signatures other than City of Aspen officials and deliver the mylar map to you after all the other signatures are obtained. I understand that you will then obtain signatures from City of Aspen officials and deliver the fully signed condo map to the Clerk and Recorder for recording. We anticipate that our first closings will occur promptly after the recording so it is critical that the recording be coordinate with and the recording information provided to our title insurance closer, Sandy Sidur-Johnson of First National Title Residential, LLC. I have copied Sandy's contact information below and asked her to contact you directly to coordinate as noted above. Sandy - Drew's direct line is 970-429-2739. Drew -please let me know if I have misunderstood anything and thanks again for your assistance. Les Sandy Sidur -Johnson Commercial Title Officer First National Title Residential, LLC 999 18th Street, #805 North Tower Denver, CO 80202 Ph: 303-764-9520 Fx: 303-531-2180 ssidur fnt-res.com From: Drew Alexander [mailto:Drew.Alexander@ci.aspen.co.us] Sent: Wednesday, November 12, 2008 9:25 AM To: Cate Love Cc: lesroos@comcast.net Subject: Edits to the Monarch on the Park Condo Plat Hi Cate, Just wanted to send you an email of all the changes that we talked about yesterday: 1.) Amending the description of Condominium Mao of Monarch on the Park to say Condominium Plat of " 2.) Adjusting the vicinity map to a different scale so that it reads more clearly (1" = 1000'?) 3.) Change "City Community Development Engineer" to "Gifu Engineer" 4.) Add graphic scale bars to all sheets that currently don't have them 5.) Add measurement to southeast wall on Sheet 5 of unit PS-3. I think that was everything. Again, I think we should wait for the Mylar until we hear back from engineering. If you have any questions, let me know. Thanks! ~( ~II~ r~c.urt ~ ~a 6~ ATTACHMENT 2 -LAND USE APPLICATION PRO.IECr: Name: Location: Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRE3ENTATIVE' Name: Address: Phone #: TYPE OF APPLICATION: ~l ~(" ~IN~~~_ / ~YOIVrI H{YVN.~/ '7/.V~~~I l /. .1L /'1. ..!N. .~ _ fn a _ ~ L ~r I. ~~ C r ^ GMQS Exemption ^ GMQS Allotment ^ Special Review ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ^ Residential Design Variance rl Conditional Use ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Subdivision condominiumization) ^ Lot Split ^ Lot Line Adjustment r4 ~~ . ^ Temporary Use ^ TexUMap Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion , ~~ ('~d~i.viuki v H ou attached the following? FEES DUE: S 73 5, 4 C' Application Conference Summary ttachment # 1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards P 3-D Model for large project All plans that are larger than 8.5" X I1"moat be folded. A disk with an electric copy of all written teat (Microsoft Word Format) must be submitted ss part of the appGcstion. Large scsk projects should include an electronic 3-D model Your pre-sp8cation conference summary will indicate if you must submit a 3-D model ~.. „-~, .~ .... ~~~~~ r,, °~ rnp ~.'~r v t~ ~~T November 3, 2008 13v Electronic Mail (drew.aleasnderCa~ci.ssuen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: Les Roos lesroos@comcast.net 7203796742 I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. In accordance with the Pre-Application Conference summary, this letter authorizes Gerald M, Biehl, President of General Management Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite Redevelopment, LLC's representative for the Common Development Review Procedures pertaining to the approval of the condominiumization of Monarch on the Park. Mr. Biehl's contact information is as follows: Gerald M. Biehl General Management Company 1201 Galapago Street, No. 101 Denver, Colorado 80204 (303) 592- 9112 (office) (720) 254-5086 (mobile) jeny@gmco.org Sincerely, C~~t+-¢~ Les Roos J -~,, r t+ ,,~"~ .Pr ~./ r.A Read and Approved: Limelite Redevelopment LLC, a Colorado limited liability company, By: General Management Services, Inc., a Colora~ ration, Manager B i i Gerald M.~ r hl, President Date: /l/-3~ ~ Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 ~..~ -~, .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Deveboment ADOlicetion Fees CITY OF ASPEN (hereinafter CITY) and ~1Mt ~i 't(, ~ ~j~~,Qpyyyhp,H.~}" ZZ-G (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APqPLICAJ~1'f has submitted to CITl( an application for l4Un Aq~NJL!~/i7Q~(/,yl (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the fidl extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following the'v bearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CC['Y when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certaimy of recovering its full costs [o process APPLICANT'S application. 4. CITY and APPLICANT further agrce that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required fmdings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect fall fees prior to a determination of on completeness, APPLICANT shall pay an initial deposit in the amount of $~ which is for~C.e~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposi; APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT furtlter agrces that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid, CITY OF ASPEN YJ ~ •~ Chris Bandon Community Developmwt DireMor A DDS i!`ANT _ Billing Address snd Telephone Number: 2d CU~a S~rtrt" /bb / n eaett~l 0 ...> ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Monazch On The Park Applicant: Limelight Redevelopment LLC Location: 405 S. Monarch Street Zone District: Lodge Zone District with a PUD Overlay Lot Size: 26,916 sf Lot Area: 26,916 sf (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: _N/A Proposed: _N/A Number of residential units: Existing: _N/A Proposed.• Initially 6; 14 when all units created Number of bedrooms: Existing: _N/A Proposed: Initially 23; 48 when all units created Proposed % of demolition (Historic properties only):_N/A DIMENSIONS: (See note below re: Allowables) F1oorArea: Existing:_N/A Allowable:2.43:1 FAR Proposed:_55,661 FA(seenote) Principal bldg. height: Existing:_N/A Allowable:_42' * Proposed:_41.83' Access. bldg. height: Existing:_N/A Allowable: N/A Proposed.•_N/A On-Site parking: Existing: _N/A Required.• 2 per unit Proposed: 2 per unit~ Site coverage: Existing:_N/A Required: 77% max. Proposed._77% Open Space: Existing: _N/A Required.• _N/A Proposed: N/A Front Setback: Existing: _N/A Required. _0' Proposed: _0' Rear Setback: Existing: _N/A Required: _0' Proposed.• _0' CombinedF/R: Existing: _N/A Required. _0' Proposed: _0' Side Setback: Existing: _N/A Required: _0' Proposed: _0' Side Setback: Existing: _N/A _ -Required: 0' Proposed. _0' Combined Sides: Existing: _N/A Required: _0' Proposed: 0' Distance Between Existing _N/A Required:_N/A Proposed:_N/A Buildings * 46' for elevator head enclosures, fireplace flues & vent terminations, per roof ht. plan presented at 2/6/06 City Concil Meeting on Ordinate 1/2006. Existing non-conformities or encroachments:_N/ Variations requested: N/A Note: "Allowable" information is per Ordinance #1, Series of 2006, approving Limelight Lodge Final PUD. ,Note: Floor area quantity not specifed in Ord. 1/2006, only FAR. Gross Bldg. Area is 77,966 sf, qualified Floor Area is 55,661, compared with site area of 26,926 sf. this results in 2.07:1 FAR, vs. 2.43: 1 allowable FAR. ,~. .. ,~•. .., Les Roos les roos(a~comcast. net 720.379-6742 November 3, 2008 By Electronic Mail (drew.alexauder(a,ci.asneu.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. This real property is known by street address as 228 East Cooper Avenue, Aspen, Colorado is legally described as follows: South Pazcel, Limelight Subdivision/Planned Unit Development, as shown on the plat recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado. The property is encumbered by the following: 1. Taxes and assessments for the year 2008 and subsequent yeazs, a lien not yet due and payable. 2. Exceptions and Reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139, page 216. 3. Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847. 4. Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526848. 5. Subdivision Plat of Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526850. .-. :...,- ~..~+ 6. Notes, easements, rights of way, restrictions, and other matters or conditions as shown and set forth on the Condominium Map for Monazch on the Pazk Condominium recorded 2008, as Reception No. . (To be recorded after approval) As fee simple owner, Limelite Redevelopment LLC has full right and authority to execute and submit all documents necessary or appropriate in conjunction with the Common Development Review Procedures pertaining to the approval of the condominiumization of Monarch on the Park. This submittal is in accordance with the procedures and requirements of t Ordinance No. 1 (Series 2006) and the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development, which documents are more particularly identified in paragraphs 3 and 4 above. As further evidence of the ownership rights of Limelite Redevelopment LLC to the real property described above, along with the copy of this letter emailed to you I have attached a copy of the recorded deed conveying the real property to Limelite Redevelopment LLC and a copy of the title commitment issued by Stewart Title Guaranty Company for the loan for construction of Monarch on the Pazk, both confirming title to the real property in Limelite Redevelopment LLC. Sincerely ~./' Les Roos cc: Gerald M. Biehl by electronic mail Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 J Les Roos lesroosna comcast.net 720.379.6742 November 3, 2008 By Electronic Mail (drew.aleaander(a,ci.aspen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monach on the Park. In particulaz, this letter addresses paragraph 10 of the City of Aspen Pre-Application Conference Summary by providing a written description of the proposal and a written explanation of how the initial condominium map providing for creation of six of the 14 condominium units to be created in Monach on the Park complies with the review standazds relevant to the development application. The review standazds relevant to the Monarch on the Park are specified in Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847 in the Clerk and Recorder's office for Pitkin County, Colorado and further articulated in the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526848 in the Clerk and Recorder's office for Pitkin County, Colorado. Paragraph E (5) of the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development provides as follows: Condominiumization of Project; Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-mazket residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepaze in accordance with the Code and CCIOA and the r. Drew Alexander ~° November 3, 2008 Page 2 ~. .,r City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declarations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations', including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any urrit owner within the respective condominium regime upon the transfer of title thereto. In furtherance of this requirement and in accordance with the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park, which will be recorded in the Clerk and Recorder's office for Pitkin County, Colorado and a copy of which accompanies the electronic copy of this letter, the Condominium Map establishes the initial six condominium units in Monazch on the Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City, were based on 14 condominium units. Although all 14 units are approaching completion, only these initial six units are ready for issuance of certificates of occupancy. As the remainder of the units are completed, Limelite Redevelopment LLC will file amendments to the Declazation of Covenants, Conditions and Restrictions and supplements to the Map creating and incorporating these units. For your information, I have also attached copies of the Articles of Incorporation, Articles of Amendment, and Bylaws for Monarch on the Pazk Condominium Owners Association, a Colorado nonprofit corporation, the members of which are owners of the condominium units, and a Good Standing Certificate for Monarch on the Pazk Condominium Owners Association issued by the Colorado Secretary of State. Please let me know if you need any additional information. Thank you again for your cooperation. Sincerely, ~~ Les Roos J ce: Gerald M. Biehl by electronic mail Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 F~iF+ErT ~lo~ ~~OA~'r ~ ~ X06 Upon recording ntarn to: Les Roos Cage Williams Abelman & Layden, P.C. St. Elmo Building 1433 17th Street Denver, CO 80202 c;irY OF A~ WRtTT PAID REr NO. ib-1•s ~ 0-»9.6 General Warranty Deed This General Warranty Deed ("Deed"), made between Limelite, Inc., a Colorado corporation ("Grantor"), and Limelite Redevelopment LLC, a Colorado limited liability company ("Grantee"). WITNESSETH, that Grantor, for and in consideration of Ten and /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does Brant, bargain, sell, convey and confirm, unto Grartce, its successors and assigns forever, all the real property, together with improvements, situate, lying and being in Pitkin County, Colorado described as follows: Lota A and B, Block 77, City and Townsite of Aspen, Coaaty of Pltkin, State of Colorado and Lots C, D, E, F, G, H and I, Bktek 77, City snd Towaaite of Aspen, County of Pltkhn, State of Colorado. TOGETHER with all and singular the hereditamems and appurtenances thereto belonging, or in anyway appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments, easements, rights of way a~ appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself; and its successors and assigns, does covenant, grant, bargain and agrce to and with the Grantce, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except real property taxes and assessments for the calendar year 2005 and subsequent years a lien not yet due and payable, reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59, Page 283 of the Clerk and Recorder's Office for Pitkin County, Colorado, and a first Deed of Trost securing a promissory note in the original principal amount of Eight Million Three Hundred Thirty Two Thousand Five Hundred and 00/100 U.S. Dollars ($8,332,500) payable to the order of Wells Fargo Bank, National Association. 0 YY r ~~ N td B 1I~A ~ ~Np sOn~zess ez:ss SILVIA DAMS PITKIN COI1Nr'/ CO R 11.Ea D 15M.a. I:FLU.06X+W02\DOmll~'mdiu.4wADecd01.13.OS.doc .... ~. The Grantor shat( and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against ail and every person or persons lawfully claiming the whole or any part thereof. iN WITNESS WHEREOF, Grantor has executed this General Warratlty Deed as of the date set forth below. GRANTOR: Limelite, Inc., $ Colorado corporation sy: ale Peas, President STATE OF COLORADO ) COUNTY OF ~~j(~ ) ~ The foregoing instrument was acknowledged before me this day of January 2005, by Leroy Dale Pans, as president of Limelite, Inc., a Colorado corporttion, Grantor. My c m1I 'ssion expires: .z0~6 ~sEAL) Notary Public I~I~~ 50~42~ ez:ss SILVIN OfWIS PiTKIN C9lMr1' LO R 11.00 D 13!0.90 I:U.U.-062)`,W31DonNimdiaSaahD~rd01.13.O3.dac •~. ~, ti» s ~r OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Monarch on the Park Condominium Owners Association is a Nonprofit Corporation formed or registered on 10/27/2008 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20081565807. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 10/23/2008 that have been posted, and by documents delivered to this office electronically through 10/27/2008 @ 19:56:48. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 10/27/2008 @ 19:56:48 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7213292. ~G.~~- Secretary of State of the State of Colorado ++++»»s»s»:»s»»s»ss++++*+++s+ss•»s»ssssss»s++End of Certifica[esssss»s»ss+ss*»++++++++++s+»s»s»ss»sss+ss+++ Notice.' A cerfifrcate issued electronically from the Colo ado Secretar~0lState's Webs 7e is fully and immediately valid and effective However, as an option, the issuance and validity of a certificate obtained electronically miry be established by visiting the Certiftcale Confrrmation Page of the Secretary of Sta(e's Web site, htroJiu~wusosstate co us~bt'CertlficateSearchCrireria da entering fbe cert~cate's confirmation number displayed on the cert fca(e, and following the instructions displayed. Confirminf (he issuance of a rerR£cate is me elv notional and is not necessary to the valid and effective issuance o!a certifrcale. For more information, visit our Web site, hup: ^uww sos store rn ns click Business Center and select "Frequently Asked Questions. " CERT GS D Revised 08/20/1008 Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Colorado~cretary of State Date and Time: 10/27/2008 11:55 AM ID Number: 20081565807 $50.00 Document number: 20081565807 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to § 7-122-101 and § 7- I22-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the nonprofit corporation is Monarch on the Park Condominium Association (Caution: The use ojcertain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the nonprofit corporation's initial principal office is street address 1201 Galapago Street Suite 101 (Street number and name) Denver (CiNI Mailine address (leave bleak if same as street address) CO 802(204 Uni~ei~ States /P~Posml Code) /Prov(nce - if applicable) /Country) (Street number and name or Post Office Box injorma(ionJ (CiryJ (S(ale) (Z/P/Postal Code) (Province-ifapplicableJ (Country) 3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent are Name (if an individual) Roos Les (last) (First) (Middle) (Sz~xJ OR (if an entity) (Caution: Do not provide both an individual and an entity name.) street address 500 Golden Eagle Drive (Street number and name) Broomfield Cp 80020 (CiNJ (Slate) (ZIP Code) ARTINC_NPC Page 1 of 3 Rev. 02/28/2008 .i Mailine address (leave blank if same as street address) .-. 1 (Street number and name or Post Office Box information) (C(N) CO (SmteJ (ZfP Code) (The following statement is adopted by marking the box.) 0/ The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name Roos Les (if an individual) (last) (First) (Middle) (Suffix) OR (if an entity) (Ctrutlon: Do not provide both an individual and an entity name.) Mailing address 500 Golden Eagle Drive (Street number and name or Post Office Box information) Broomfield (Ci6'J (Province - if opplicab[eJ CO 80020 UnlieC~J$tateS (ZIP/Pos(alCode) (Country) (/jthe following statement applies, adopt the statement by marking the box and include an attachment) ^ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. $. Qf the following statement applies, adopt the statement by marking the box J ^/ The nonprofit corporation will have voting members. 6. (the following statement is adopted by marking the bax.J ^/ Provisions regazding the distribution of assets on dissolution aze included in an attachment. ~. (!f the jo/lowing satement applies, adopt the statement by marking the box and include an atmchmentJ /^ This document contains additional information as provided by law. 8. (Cattion: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legad consequences. Read instructions before entering a date.) (!f the following statement applies, adopt the statement by entering a date and, if applicable, time using the requiredjormat.J The delayed effective date and, if applicable, time of this document is/are Notice: (mm/dd/yyyy how: minute anJpmJ Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTINC_NPC Page 2 of 3 Rev. 02/28/2008 .~, r, This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Roos Les (Last) (Firs!) (Middle) (SuffxJ 500 Golden Eagle Drive (Street number arsd name or Post Office Box information) Broomfield CO 80020 (CiryJ (Stale) lZlP/Postal Code) United States (Province-ifapplicableJ (Country) (/jfhe following statement applies. adopt the statement by marking the bax and inc/ude an atmchment.J ^ This document contains the taste name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclauner: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTINC_NPC Page 3 of 3 Rev. 02/28/2008 .... .; .~ Click the following links to view attachments Attachment 1 iAr~fc es ofilncorporation Attachment Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. Colorado cretary of State Date and Time: 10/27/2008 07:53 PM ID Number: 20081565807 Document number: 20081567508 Amount Paid: $25.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-130-105 of the Colorado Revised Statutes (C.R.S.) ID number 1. Entity name 2. New Entity name (if applicable) 20081565807 Monarch on the Park Condominium Association ([jchanging the name of the corporation, Indicate name BEFORE the mane change) Monarch on the Park Condominium Owners Association 3. (!f the following statement applies, adopt the statement by marking the box and include an attachment.) ^ Other amendments are attached. 4. If the nonprofit corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires (mm/dd/yyyy) OR If the nonprofit corporation's period of duration as amended is perpetual, mark this box ~/ 5. (Optiona/) Delayed effective date (mm/dd/yyyy) 6. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ^ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Rev.ll/15/2005 1 of 2 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Roos Les (Last) (First) (MtddleJ (Sr~xJ 500 Golden Eagle Drive (Street name and number or Past Office Box information) Broomfield CO 80020 (City) (Slate) (PostaUZip Code) United States (Province-ifapp!(cableJ (Country-if not USJ (The document need not state the true name and address of more than one individual However, ifyau wish to state the name and address of any additional individuals causing the document to be delivered far filing, mark this box ^ and include an attachment sorting the name and address of such individuals) Disclaimer: This form, and any related instructions, aze not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. Rev.ll/15/2005 2 oft AUG. 28. 2006 9:50AM 1~i'fKIN COUNTY TITLE ``'~ N0. 3914 P. 2 ORbiNADTCE N0.1 (9ERID$ OF 200f7 AN ORDINANCE OF T$BASPEN CP1Y COUNCIL APPRO'VII~iC THE Li~IELIGAT LODGE .FINAL PLANNED UNIT DEVELOPMEENT AND ASSOCIeATED LAND USE REVIEWS TO CONSTRUCT 12!1 LODGE ROOMS AND IS RF,SIDENTIAi. DWELLING UNITS ON TDE LDYIELIT>S LODGE, DEEP POWDER LODGES AND SNOWFLAItE INN PROPERTffiS, DESCRIBED A9 THE EAST1c1tNMOST 10 FEET OF LOT C, LOTS Dd AND LOTS O-B, BLOC% 76, CITY AND TOWNSITE OFASP$N, AND LOTS A~ BLOCB:77, CITY OF ASPEN, PITICR~T COUNTY, CQLORADO. Par~rolNa 2737,1d219-@DI Pmos1 Na 3737-I31-05-801 larceiNa 3737-I82-1d-60! tmaefNp 1737.073-0?•0/OI W$LREA.S, the Commaaity Devolopmeni Department received an application 8nm Limelite Ina. end Linrelita Redevelopmart I,LC, owners, represented by Steve Szymeneiri, requeatiog approval of a Final Plarmed Unit Devekrpmmt, Partial Alley Vacation, R,eeoning, Suixfivisiora, Wheeler Tt4ormtafn View PLme Raviow, Residential Doaign Standards Varianaee, CanTmaeial Dosign Stendud Vadauoee, and Clr'owtlt Mane~ment Review, to coasatrct 125 lodge units and aeventeeu (17) flee market renal dwelling smite on the properties aeeaabed as the easFeramoat 10 foot of Lot C, Lacs D-I and Lots O-S, Bhrck 76, of the City atW Towmite of Aspen and late A-I, Blook 77, City and Townsite of Aspen; and, WHEREAS, the anlrjeot proparlics contain approximately 64,000 total square feat and aro located in the Lodge Zona DietCiot; and, WHEREAS, the Commn>rity Development Director hen in oansuliation with the Appliaaats that it would be appropriate for the roview of aU of the land use regweete associated with the Snal PUD application to be aomhined with the review of the final PUD appgcsfion m rnnrre clarity in the tlnal decision parsnaut to I.aad Use Code Seedoa 26.304.061t(Bxl), Cawrbinad reviews; autd, ~ P~-~ to Land Uao Code Section 26.445, Dimmed llait De-vlopnsat, the City Cound! may approve, approve with wnditions, or deny a Final Phmaed Unit Dovelopomnt request during a duly notioad publio heating after taking sad considering a~meats from the geaent Public, and recommeadaiions $»m the Planning and 2:oning Commission, Conmsnmity Development Dittxtor, and relevant refeaal mod, R~REAS, during a duly noticed pnblic hearing on December 6, 2005, the Phundng and Zoning Commission contiTnted the review of the propose] to Dxember l3, noes; and, I~~~~~~~~ 7/28/Zaa6 1t:62 JfW1Ca K Veb efaDlLL PT7KSN C01l1TY CA R ea.N D e.ee AUG. 28.2006 4:§1AM f~ ..~ PiTKIN COUNTY TITLE ~.` N0, 3914 P, 3 ~~~ ~g a ~Y noticed 1~~ g ar December 13, 21105, the Planting and Zoatrog Comamissiaa approved kasolutiar No. 38, 3ada of 2005, by a five to zmo {S-0) vote, rDOOnmtDDdmg that City Council approve with aonditiona, the Limeligbt Lodge Elrod PUD and aeeoalated land use aaro~r >b conatrnd m1 Luxmtive lodge of 125 lodge netts and aevettteea (1'7) fi+eamarlcet uaridential nails; and, w~IItREAS, during a duly noticed public teeming ar Jefluary 23, 2006, the Aspen City Cotmoil ~tiauad the review of the application to FebrDary 6~a; and, R'HEREAS, the AppliCaots aubmittad a revised proposal Doataimng l25 lodge amts and fifteen (t5) free-matlret residDndal uaits~ mod, R'HLR6A6, during a DoDtistued public ]teermg on Feluuary 6, 2006, the Aspen City Council apprvvod Ordinance No. 1, Series of 2006, by a four to oDe (41) vote, '~ >~ ~, the Limelight Ledge final PTID and aesooimad teed uae sgicos to aamatrttst as incmtivc Iodga camg of 12S lodge amts and fifteen (15) &no-ma[kot resldentiat mots; and, WI~RTA3, the Asper Cittiy Comtoil bee mviesvnd aad oonsidesed the development proposal under the applicable provisions of t!m Mualcipal Code as idcad8ed hettin, has revteured and Dora>idtred the reooemmpaiat~t of the Phoning and 7,onmg Comnrissioa, the ~~Y ~ Direobg the s~pplieable rnfetral' ageoeias, nest has tafoea and c~s(dered public oommad at a pnbNc hearlnB; rod, VV$6RBr18, the City CoDmil finds that the devalopmartit proposal meat or cxcaede all applicable ~t atandmds a-d i>mt ~ appeDVal of ~ devdop®eat prvpoaal, witlt aonditiona, is net with the goals and elemama of the Aapm Area Co~uoity Plan; and, Wl;rp',kI;AS, the City Comuil Erode that this O~naDUx fiathers and ie neceaaay for the pmana4Dn of public health, aa&ty, and welfam NOR', TII)~tEFOIRF, B)d 1T O);tDACNEI) B1t Tt3~ CITY COUNCIL OF THE CCTV OF Al3lIF,N, COLORADO TCIATt ;1 Pursuant to the pooeduros road ataDdatds aet fioQ@~ in Title 26 of the Aapan MuDicapsl Code, tLe Aspea (qty Comdl hereby approves the Limelight Lodge Final PUD application, padial alley vacation, subdivision, rezamng to mchule a PW overlay, WheDler Ivloantain View Plane Review, CommerDial I)eeagn 9teodard VarlaaDes, and t3rovvth AZaosBemaat Review to comtitlct 12s lodge veils and iilteen (15) 1~ madoet reaideutial dwelling mdm ar the prupertios dasmibed ao the eaort 10 fast of Lot C, Lots 17-I and Lots 0.S, Htock 76, of tba ~Y atm Tovraefm of Aapaa and Lots A-1, lglodc 77, City and Townsite of Aspen, subject tb the cand;tioru oDntained herein. 1~~~~ ~~I1~ ~8~;:ex ,MNTer K V0i CiN~iLL P{tall/ COUKfY ee p W,M D a.ee AUG. 28. 2006 9:41AM `P'(TKIN COUNTY TITLE .~ ~`''• N0. 3914 P, 4 lion Zs Reza®ivE isl~Rds a PUD Overisv Purassmst to the p~tneedsabe arsd aumdarde rat forth in City of Aapm land Uste Code 3oction 2631D, .4nuasdxtentr m tLe Zand Use Code and Ogfdal Zwsa DiseYGx itlap,, City Coutseil hereby res.amx the limelite Lodge, Deap Powder IaAgq and Snowflake Inn properties ~ include a P'lID overlay, 3• tlabdlyLiso/PL11~lhr_ a>ia sse..u....f The Appl~anta ~ record a snbdiviriou agreement Drat moetr the requirgttdtts of Land Use Code Section 26,480 within I80 days of approval. Additiemally, a final Subdivlslan/PUD Plm shall be [ecordad in the Pitldn County Clark and Recorder's Office within 180 days of the final approval and shall include the ftsllewtrsg: a. A final plat meeting the regsriremeats of the City t§sgioeor and alnwin8; earemente, eaeroaduneat t~eements and licenses (with Dx reoaptien anmbasa) for physical impmvdoaossta, and location of utility pedestals. b. An iAuahative site plan of Dre project showing the proposed improvem~tr. landscaping, patlting, and tbo dimensional requiranenxs as approved. c. A drawing representing the project's as+rtsiteaturatchsracter. d. A final grading and drainage plan. e. A true! utility plan. Seeltaa 4s lgoildiarlvadt AnaUicatlai The building permit application shall include the fbllowissg; a A copy of the final Ordinance and P&Z ttesolation. b. The oonditi~s of approval printed on the Dover ptt~ of the building pemsit sot, c. A completed tap pesadt fbr axvice with the Aspen Correolidated Sanitatiott Aistrict. d. A tree removal penult ae z+equirod by the City Parlaa Dopartm4st and any approval from the Parka Depattmeat Director for off-alto replacement or mitigatl~ of arty removed trees. The tree removal permit application shall be accompanied by a datailod la~ecape plea indicating which trees era to be removed and new plantisrg~ proposed on the site e. A drainage Plan, inahaling an erorion crontrol plan sad snow storage rrmoff Plan, Prepared by a Coksrdo lioeneod Civ$ Engineer, which maimeinr rediment and debda tin-site daring and attar conakuctioa If a ground recharge system it tegt»red, a soil percoleti~ report will be required to oarreotly ei~ rho facility. A 5- year etomr fi+egaarcy should be Woad is designing any drainage irnprovmrwste, f. A Baal oonstructiou maaageuneet plan pursuant to the requiremears described in Seetioa ti of this ordinance. ~~ ~ ~~~ ~ ~a~ ~s:~ ,rWIOE a Y05 G1a101LL PJTlrra COIMTY C0 R 06.00 d 0.00 may. ,.... AUG. 28.200b 9:52AM ~7TKIN COUNTY TITLE ``'~ N0. 3914 P, 5 g. A fugitive dust oomrol plan to be reviewed and itppaoved by the Baginaettug Department. h. An excavatlon/stabdl~On plea pitipared by a licensed S : The dirtteneional requumngtRs eBhbliahefl in this PUD areas follows: Dltneaeionai 1'CJD Dbpgaaisnal airemHtlt rhetoeab Mialo~mLatt9~ ooOSP Mie®LotWidat 60Pcet Mmu®mPx~tYsrd ! OPeet Miaiamm Sib Yard O Peet Sethaek Mia;mam Rear Y Sdbadr 0 Feet 11[auimum Lodger 46 Fcet for Pibaoy Roof Height, SO Feet for liadled emmt elormnts, elevators, mechanigl eacleeees, eas.' Per Roof Height Plea Pteeeated at L610G (Sty Conrail Meeting Raidoatiel; 42 Pee; meaemed ti® wusuog grade mid 4ti feet for olevatar head analoearea, Greplece lbws, and veal tetirdnafioas." Per Roof $wght Plm Ptesenbd err 2J&06 City Conmil Mia®un Pm'cem Opea 7796 hlaxanom Sita Coverage AUanbleBataosd 2,43;1 FAR Mud~m Off-Straat .4 Pmi®g 8pecet Per Lodge Unit Pmiriog 2 Parlvag Spaeee Per Reeideatial Uait 6t Comtncdoe Maoa~at A comshuction maoaganmt phm shell be aubit>itfed with the building ptatmt a~lication tl1M meets the miltthrtmieots of fl~ rdurrent "Componeata of a Conalrtwtiati Managematt Phm" hitndoatt that is available in the City of Aspen 8ailding Y]epartrnent Tho tlonstt~tctlon management plan shall include at a minimum, a twnsttvction perking plea, a tronsauction tRa~ng and phasing Plan, a conatnictiaut worker tranapertation plan, a plan ~ accepting ~m construction-mlated dOliveries 9vith estimemed delivery ar2tedule, the daaignittbn of haul routes, sad as agreement with the City to particilwts with other aeighboring tievelopmettta undor construction in limit the impitids of conslrucfion. This I~~~~~~~~~ a~ias8ws ii:ire aastea s vos cauotu vincsn eavarv ao a sa.ae 0 a..a ~-~ ~. AUG, 28, 2006 9:§2AM ~TKIN COUNTY TITLE `''~ N0, 3914 P, 6 agremtimt elisll be prepared by the developer and atroepted by ells Commtmity Development Direotnr. As part of the Conanuetion mauagemeat plan. iha developer shall agree to inquire all dump truclos hauling fo and from the alto to cover their loads end meat the omission regDiroma~ of the Cok+aado Smoking Vehicle Law. Any regola8ons regarding oonahucdan mansgemort that may bn adopted by the city of Aspen prior to appflcation for a building perardt for this pmjoot aha11 be applicable. The Construction menagemort plan shall also include a fugitive dwt control plan to be reviewed by the City Brtgiaeecing I7opartment that includes watering of dietrubed areas (inalirding haul mutes, whom neeeaaary~ perimeter silt forcing, as-needed cleaning of ac~aeent t5ght-of ways, and a rapmaetotarion that the City has the ability to request additional meaaarea to pmveat a nuitanoo during construoaon. A temporary sraloeeitmom license is required for wo of the City's right-of-way fur coaati+n:tion pDrposes, The Applicats shall not ba allowed to close Monarch Street during coastrrustion except whor doing ntility work in Monarch Street and wmatrucCing corner bulb-Data. The Applicants shall coordinate with the Roaring Fodr Transit Agency (BETA) and ells City to schedule a closure of Monarch Strat, Street Closures gent with significant public events in Wagner Park shall be avoided to the greatest extent poest'ble. Strad alosnres of Sonth Monarch Street and Bast Cooper Avenue shall be admirdatarod by the City of Aspen 13nilding Department atbject to obtaining temporary ateroachmant licenses. The Applicants shall •aieo provide phone contact information for an-silo pz~oject anattagement to address oonstruCtion imparxs to: Tha City of Aspen, tiro 210 E Cooper Condomdnitims, the Park Central Condamiuiums, the park Conttal West Condomirriuma, and the Towne Plana of Aspen Condawtiniuars. 3eeumr 7:.grs.Cont_hee4ar Madhsst The Appbcmb shall conduct a pre-conetrnction steeling with the CSty Comm~mity Development Staff' prior to submittal for a buckling pemtit appllcalion. This meeting shall hteluda the general contractor, the arohiteet panducing the construction drawings, the Canuntrnity Devek~pmmlt Bnginox, a raprtsseattative of the City 13uiWing Depsrmtcat, and the Community Development Department's case pltumer. Snctlw 8: Fire Mitiutlon 'The Applicants shall install a Ste eplinldar systeor and alarm system that moots the rogairamenta of the Firs Matahall ill both the residortial and loflga devebpmeuts. The water service lino gall be sized appropriately hr accommodate the required lire Sprinkler System, The Applieorts' design team shall meat w[th the Fire Marshall to fomnrlate a plan for fighdttg Bras in the below-grade parking garage atruChtres prior to building permit anbmitial. III~~~~~~~IAI~ eir~mizae~e ii:sz ]IWiQ K Vfa CppILL P17KIR COUfrI Ca R ae,N D n.N AUG. 28.2006 9:52AM Y11KIN COUNTY TITLE `~ N0. 3914 P. 7 l~etlon 9: Watear ~t Reauireamerats The Appdaauta shall caaaply wltb the f~ Aapoa Water System 8t®duds, with Title 23, cad with the applicable standards of Title 8 (Water CalRayaQial and Phtmbing Advisory Codo) of the Aspen Muutleipal Coelq as regtrind by the CnY of Aspen Water Depattmean. Tote Appdaanta sba11 also amen irto a water service agroemeat wlth the City suer complete a oonmum seuvioe line agromnart for the residendal units. Each resddential unit shall have an individual water nlate~ bat the Applmente will be t~equired to pay only one tap foe for the residential amt building and one tap fee for the lodge building. i»a AppilCangt shaft aoagtly with t11e Aspen Consolidated 3aniteflon Distriot'a roles and regnledana. No clear water e:ormeotians (r+oof, f0undatias>, pertimeser drains) to ACSD liras shall be allowed. Oil s~ sand separators meeting tho ACSI]'s eequiremeata shall be installt~ in Bann of the padang garages, In addition, the driveway artranos drains ctrall draia to drywells a~ elevator eha& drains snail drain through an oil sari Nad separator. O+u tap to the meat sealtary line is allowed for eRash of the buildings within the deveslopmeat. No soil nails sbatl be allowed in the public righ6of--way above ACSD main sewer dace. The Applitaeats eball arter into a shared service lice a~eentem. ayaol and soawmelt shall have containment areas approved by the Aapar Caslaolidatnd Sanityion Dis~iet. ~tlan 11• Set+rar Llna lieloetstion Appl aball fund the relocation oP the tuem sanitary sewer line that serves the ex;tar ~tlon 11: Tratiatarnrer Relocation T1to Appdcamts shall remoato the existing trsasforaset onto their prnperty. the laaation fox tho kaaaformer shad be approved by the Community Developmexn Depardmart prior to inattdation, The Appdaanta shall dedicato an eresaeaeat to allow for City Utility. Personae! to aooees the relocated transformer for maiabenance purposes. boa 13: Dedverlea le B 76 Allov TLexe shall be no doliverks to the extent remadniag Block 76 anayway. praeticat to the Limeligha Lodge via the on 14: Lodge Lmnlavas Audit An anpbyee audit on tho lodge cemponent a>td residential corttponent of the development shed be eosldltoted after two fuU 8aca1 ye~ara from the data of ;•~,~~e of the ctutifioate of oaaupancy to verify that only 40 PTEa ate needed to operate the now lodge, pursuant to the fallowing terms: a. The Appdoents shall provide an np-to-data report a~ the cinrent employees at the time of.Gaal plat. b. The Appdcams shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for t1B seleadon of the sudibor. ~~~~~~ ~~~~ ~ezsie ii:ea .NMICE K V0a CRUDICL PITIgN BOUNTY W R a6.N a 0.N ~, ~~,~ AUG. 28. 2006 9:53AM ~TKIN COUNTY TITLE `` N0. 3914 P. 6 F The Applicants shall be Ably responsible far all fees asaoeiated with [paining an auditor. d The audit shall oowr aRer two Hill flscai years of operation. Should tltt housing audit refareaeed above hidiaats that the new Limelight Lodge is employing more than the forty (40) tltll-time employees (the Lhaelite Lodge, Deep Powda' Lodgo, sad Snowflake Tun to be demolished had 42 full-time employees after caalea&dating ownership of tho properties, of which 2 FTPa shall be croditod to ibe free- nrmket reeldeatial oemponent in order to tower its empkryee housing mitigation troquinment to 3.36 1-bedroom affordable housing emits oz cash-in-Aou thoraot) that aro anticipated to operate the new lodge, the Applicants shall retuar to the fiouaivg Authority adder die following tams: a. Tho Applicants shall provide deed restricted, affordable housing or cash-in-lieu thereof to midgato for 3tM6 of the additional omployees move 40 full-bane employees. b. The Applicants shall abide by tho Aepmlpitkin County Affordable Aousing Guidelines in effect at the time of the audit e. The term employee shall include all full-time payroll and ~-payroll employees gmterated by the application. d. Bmployoe housing units or cash-in-]ien thereof equal to 3.361-bedroom units shall be provided prior to requesting a Pnal building inspeedom on say of the msidential or lodge units wi~hl the project. 3ecHee 16t lDegg gowdsr Relacadan Tho Applioams shall pay 520,000.00 towards, acheduto, and supervise the t+Dlocation of thD two (2) oldest deep powder cabins to a sits provided by the City. The landing site of the cabins shall ba identified by the City in a timely manner to allow ibr the relocatiaa of the cabir4t on or around May 1, 2006, to eccotnmodate the demolitioa plena of rho Applicants. 9ectl~ 16• Lata_d~hte The Applii~nis shall submit a detailed landscaping plea as part of rho briAding peturit application, This lendeoaping plan shall include a plan for sig>d-of'~way laadacsping and iuigatlon without trmebhg Hader the roots oft[ees to be pmsmvod w ~e e:ctent possible ff tmadiing !s necoaeary it shall be Aoae by ham. The plea shall also include a parkway laodsrap¢ig strip sdjacert m all abuttlng pubAc 64eets of at least $ve (~ foot in width Appropriate meat tree phaiting¢ are ragiured along all streets adjacent to the pttiperty. The Appliaan>8 shall pnexrve the eiristing CaCpmvood flee locet~ an Wes carne[ of South Mowaoh S><nct and Past Hyman Avenue and the hirgo Cotoomrrood Mee that exists between the beep powdK Lodge and the Limelite South ]3atlding that warn slated for remove! in tlm canceptuat PUb applioetion. AddlNanaAy, ffie stand of lugs Sprooe trees hxiatod to the north of the exiatmg Limel$e 5ottlh Bnllding shall be thinned for hoahh and preserved. The Applioaats shall also install trop saving caatstntotiam fences around the drip line of any Mess to be saved subjad tb the tbllowhrg provisions. ~~~~~~~~ ~ Bzvss~a ii:ax .1PNilg a VDS tx1aCILl. PITKIM Cr{alTY CO R 66.00 D a.M AUG. 28. 2006 9.§3AM ~'i'('KIN COUNTY TITLE ` '' N0.3914 P. 9 a. The City Fareeter ar hislher designee motet inspect Chia Since before say conatroction aotivides emnmemoo. b. Ho excavation, storage of matoriala, storage of conettuotiaa equipment, oonstrnctioa bacJc911, foot or vehicular tta~c shell be allowed within the drip line. The ApplicmM shall nine remove the throe (3) canifeta located aQjaeemt to the proposed Par~g BA~+ eottatlce to the lodge building along East Hyman Avpxte. A ~yesr bond sbdl be aoaraed by the Applicants far any trees to be preserved m wltioh them will beplamtefl excavation within or a~{aeart to their driplines. Sedloa 17• Pedaahiu Arreiity The Applicants are proposing b pmvido pedes<dea amenity for 1% (sppuoxin~oly ss0 aquae feet) of lot sgoaro footage. The Applicants shah pay a aa>lrin-lion fee of pom~idiag pedesn'iat amenity in the amamt of $732,900 (15,208 5F which is 25% of 6D,634 SF property size atinus SSO square &et of pedestrian ammrity apnea provided= 514,658 SF, multiplied by $50 pear square foot) prior to buihling permit ismtance. Seetioa 1& 1lKVf-10 Mitl~tlon The Applicauu shall earecnx the following methods of PM-10 mitigation: a. Sell the residerrtial onlta with Daly one palrmg apacx per unit sad regrrite that pnrcheeers of a rmit be required b purrbaae a seoo~ epaae at an additioaal cost. b. Provide &ee 1tFTA bas passes to employeoa fiat live outside 1ho t'Ity of Aepm c. Advestisure to potemlal guests that a personal ar rmttal car ie not necessary dun to the drtensive public transportation aystera. Sartton 19i L"oroer Beib-Outs The corner bulb=orate ahaII owrtam tapered catb lines of IS degroas leading into the owner bulb Dote proposed in the South 11lcaaclt Sheet and East Hyman Aveane right-of-ways far mow plovvit-g purposes. Addidmudly, a street width of 28 foot, &nm the face of cntb to the face of anrb, shall be malntautod as South Meatasatt Strout where the comer bulbaots ero ProP~~ SZQ: ISNrLaeR-`Yes lr®rovrms_n~ The Appliamts shall racoartruct E t7ooper Avetrro belwaen South A~est Stroll end South Monarch Street sad split the drainage flows to South galren 3troet std Monardt Street Addititmaily, tf i<>g t-ooes.ay to install a new storm drainage pipe in E Tiymen Avroue and reswr+ect the storm sower inter on the aautheast owner of S. Aspen Street an4 E. Hyman Avennq the Applir~ata shall rxatatntd the aoulh half of B. Hyman Avenue. The Applicants dtall also reeonsovct the west half a~f S. Motteroh Street and pave the alleyway of Hlook 77. All of the imptovarnents sot forth in this eot~on ehaU ba made prior ro issuaaea of a certlficate of aow~acy on any pets oftbe development. I~~~~~ ~~~ a~~suee~ ii:ez aarra K vos oMnru ulnae o4ufm eo R l6.N .t a.N ~. AUG. 28. 2006 9:§4AM ~ITKIN COUNTY TITLE ,~ ``"~ N0. 3914 P, 10 21: - tter Sidewalk, wrb, and gutter tneetieg tb5 ~Y P.aglnea's design regtatemeate ahail be oomtnrcted in the rlghtof-way eajaoeot m all of the property aulrjeet to thii develepatrnt pries to iasaance of a cswtiBaeoe of ooCUpamcy on any Patios of the dat+do~ieat, On Cooper Avenue botwoen Sosrth Aspen Street and MoeairL Street ell cub and getter shall be repl.ceal. the a9dawdk boaliana aball ba in anbataotiauy the more location ae is depacmd on the doe plan in the &ml PLlp appHgtiat submidal The Sm1@~-facing ca~ha aheII be boated. t enact Park bevelopnrerrt lagry~,~ shall bo awed at the time of building pesmit isananea an both the new residential bodtnolru (mchulipg the aff«dable hwsa~g bedrooms) and the lodging bedeooma to ba added to tho subject properties pm~tlt to Ladd Use Code Section 26.610, 1'on@ Ilevadopraeat Lnpact Fats. The Park Development IraPerd Fees shall be caloalat~ by the Ctry of Aspen 7.oaing O~Car ueirrg the fee schedule in placo at the time of buildmg permit application. tileegn123.9eheol Land De~lintl~ Fees l ~ shall be aaeasaed Cm ibe proposal at the time of btu]ding ptamit isottaace pttrsua~ W Land Uw Code $eolioa 26.ti30, School bands Dedication, becatlae sobdiviaian approval fs regaitad €or the development of the multi-~Y r~dmdlat rarity pa the tbllmtion of arbdividon is the land use Code. The school leads dediakion fees ahau be eaiculated by the City of Aspen Zoning c)ffioa using tho fee scha~rlo in place at the lima of building permit applieatioa. 3eedor A]1 erRedar lighting ahaU meat the City's Llgbtalg Code Regiur®ienb pursuant to Land Uso Code Se~oa 26.575.150, Outdoor Lighting. Seetlea 25: VWtdat({~ ^ ti,wr,t~. ; The Applicants shall $oatall a wildlifo-peoof tnah contains ibr the reeideodal building that mesa the requirements of the Bnvirommental Health Depectauart. The Applicants shall install a trash Compactor for lore o~£die lodge building to 11a1it solid waste pick-tq~s in the alleyway of ~ladr 76. S~etln Z6: F~~tvlste 1radYtka Food ~~ P~ g ~ tequaemmb of des City of Aspen ~vhemrrntel Heahh Depataleat eha0 be auhmitltid and appsm~ad prior to serving food and prior to obtaining a tblotado Food 3elvice License. Seeticn Z7: ~ ~l;n, . end mairmaimax ofibe pod and ~ ~ comply with tUe Colorado Tkpatlmeot of Healdi'a "Swimming Fool end 1vSeeral 13ath Regalada~s': The Aspen ComoHdated Sanitation Dieaiet shell revlea aed approve the drain size far die swimming pool facilityprior to icegllation i~w~~~r~A ~8~711 JFaIe! R eaa 41a)ILL -l7arN eolrRY CO R aa.ae /~pYaa6 17:52 ~, ~. ~ .} AUG. 28.2006 9:54AM PITKIN CDUNTV TITLE N0. 3914 P. 11 The Applkxma ehaII obtain a eertiticate of accupaocy on all the lodge c~poneet of the Mtithi~ Pte' obta$ting a oe<tifieate of occupancy on arp• pf ttte res;idonfiat amts Sectlesr 29• AOev Vanftar The eutem 130 foot of tits alleyway located in 13iock 76 of the City and Towoaite of Aspen fa heroby vacated subJect to the followarg ruluiremanta: a. Owrrerahip and title to the lands ao vacated shall vet as provided fn and by Section 43-2-302 of the Colorado Revised Staltttea. b. The City Clerk is hereby dh,roted, upon the adoption of this ordinance, to reeved a copy of this a~rdinaaee in the l)ffioe of the Pitltia County Clerk sad Recar+der, c' ~° ~' > is h~Y directed, open adoptimt of this ordinance, to malts all carroctions neoee6ary in flte Offieiat Map ofthe City ofAsp~. d The alloy vaaatlon is approved based on the Boding that the vaCalion will not leave anY ~1o~nB lands withmtt a means of access ovaz ao established public zi~gM-of-waY conneeti~ sash lu-da to an ostabllahed pahlio street. e. An alloy vacatie~ plat shall be filed and rocorded at the Pitkin County Clerk and ,Recorder's office in associatiart veldt recording ibo final aubdivlsion phut and PUD plans. This Ordir>pnca shall mt affect arty existing 1ikl~ion and shall not operate as as abatem®t of any sai~ or pmceodb4g now pquiiog under err by virtue of the ordiomees repealed or a>nended ss herein provided, surd the same abap be construed and carteluded under such prior ordiuancaa, 31- 7f any aectiorr, subsection, amttenee, obaute, Phrase, or portion of this Ordiomce ie for airy teasvn hold invalid err imeor~titutional m a Dotal of oounpoient jurisdicpott, each porfion shall be deemed a separstt, dieliact and independapt provision and shall not affiecl the validity of the tr+aeinir-g portions thereof. tio~ 9 ' All material mluaeratatioos and cor~ittne~ made by the applioam prnauant to this application, whether in pubfio hearings err' door presorted before itar lfiatarie Preserntion won, Plamiog and Zoning Canmuisaaoo~ or City CouncO, are hereby iaourpeaated in such plan approvals and the sapu shall be complied with ae if folly set fortir herein, twlora amRtdod by an authorized meaty. °aa`~or tt ~xrras aae.eaTi~ art:a:, AUG. 28. 2006 9:5§AM ~, -~ PITKIN COUNTY TITLE N0. 3914 P. 12 l 33: A pubfic baring on Chet ordittttooe was bald an the 23rd day of January, 2006, in the City Couns>;1 Chambers, Asper City Hall, Aspen, Colorado a~ ooniimsed to the 6m day of Febraary, z006. INTRODUCRD, READ AIVD ORDERED PUBI.ISRED to provldod by laag by the City Cowtdl ofthe CiryofAapen on the 91h day of7amtsry, 2006. des dertul, 7dlsyuer Atteef7 KaWryat B. e6, Cfty Clerk FIIsIALLX, adapted, passed and approved by a voto of four to ono (4th this 6a day of Ft~rttaty, 2006. At[ratt Mayor S. ar, fYty Clerk Approvedaatoformt I~~~~~MIN~ 526847 ~: 11 0/ !s ~sstee K va caw:u v:m:x canrr eo s7r~aaaa ss ~e~ R as.a o s.a ,(Sty Attorney ~In'I ,-.. I IOIII IIII I II IIII IIIIII IIII III~III III BI~I IIII IIII 0 7 % 6 /820 086 1~ 531 JFNICE K Vo5 DPUDILL PITKIN COUMY CO R 121.80 D 0.00 SUBDIVISION/PLANNED UMT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PLANNED UMT DEVELOPMENT THIS SUBDfVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PL D UNIT DEVELOPMENT (the "Agreement") is made and entered into this~~ day of 2006, by and among THE CITX OF ASPEN, COLORAAO, a Colorado muni Spal orporation (the "City") and LIMELITE REDEVELOPMENT, LLC, a Colorado limited liabiflty company and LIMELITE, INC., a Colorado corporation (collectively, the "Owner"). WITNESSETH: WHEREAS, Owner has submitted to City for approval, execution and recording final PUD plans, as the same aze defined and described below, for a real estate project within Aspen, Colorado known as the Limelight Lodge PUD and Related Land Use Application (the "Project"); and WHEREAS, City has fully considered the Final PUD Plans, the proposed development and improvement of the Project, and approved the project with conditions pursuant to Ordinance No. 1, Series of 2006; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final PUD Plans, such matters being necessary to protect, promote and enhance the public welfaze; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perfoim the conditions and requirements imposed by City in approving the Final PUD Plans; and WHEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that required public and common private improvements aze installed, and Owner is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final PUD Plans for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which aze hereby acknowledged, the parties agree as follows: A. ZONING AND REGULATORY APPROVALS. Pursuant to Ordinance No, t (Series of 2006) adopted on February 6, 2006 and recorded as Reception No4 G~ in the otHce of the Clerk and Recorder of Pitkin County, Colorado (the "Ordinance"), the City approved all final land use approvals and granted a development order for a site specific development plan for the Project subject to a vested property right. Tho land use approvals granted by the Ordinance included final Planned United Development ("PUD") approval, partial alley vacation, subdivision, rezoning to include a PUD I:LLLL-063]tC071PUD AppliulionWin+ILimelfgM1, SuEAiHSion PUD A;remenW1.03.06.dx I) ~InI ~ II~IIIII II~I~NIIIIIIII,NIIIIIIIflII~IIIIIIII 0798 08`77~i53i JNNILE K V0a CMIDILL 7ITKIN COUNTY CO R 121.00 0 0.00 Overlay, Wheeler Opera House View Plane approval, Commercial Design Standards Variances, and Growth Management Review, to construct one hundred twenty five (125) lodge units and fifteen (15) free market residential dwelling units, all subject to conditions of approval. B. PROJECT DESCRIPTION. The Project shall entail the redevelopment of land south of East Hyman Avenue, on the north and south sides of Fast Cooper Avenue, to the West of Monarch Street and to the east of Aspen Street, into a new lodgc, free-market residential condominium units, and underground packing (for private needs). Pursuant to Ordinance No. 1, Series of 2006, the projects allowed dimensional requirements shall be as follows: Dimensional PUD Dimensional Requirement Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Mininnun Fmnt Yard 0 Feet Setback Minimum Sidc Yard 0 Fcet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc." Per Roof Height Plan Presented at 2/6!06 City Council Mating. Residential: 42 Feet, ~esured Crom existing grade and 46 feet for elevator head encloatues, fueplace flues, and vent terminations." Per Roof Height Plan Presented at 2/6/06 City Council Meeting. Minilmlm Percent Open 77% Maxilmun Site Coverage Space Allowable External 2.43:1 FAR Minimum Off-Street .4 Parkwg Spaces per Lodge Unit Parking 2 Parking Spaces per Residential Unit 2 ~vwoexswo:wuo ~ppluaa,mr~n.u.rn.spu saea rtro nn«ma~xos.oc.ao~ 1111111 ~i1IIIl IIIIIIIIII IIII ~I~III~II) illll IIII II~ e 9 6844. JgNICE K VDS CRUDILL Pl TKIN CDUNrY CO I y2006 11.531 R 121.00 D 0.00 C. PROJECTIlviPROVPMENT &GOVERNiNGDO U1~fENT~. 1. Owner is required to install and construct specific physical improvements ("Improvements") as part of the Project in accordance with and pursuant to those final PUD development plans (the "Final PUD Plans' that have been submitted by Owner to City, which Final PUD Plans have been recorded at Reception No. 8 d in the Pitkin County real estate records. Pursuant to Sections 3 and 29 of the Ordinance, the Final PUD Plans consist ol? (a) The Final Subdivision Plat, the sheets of which set forth dedications, legal descriptions, vacations, project boundaries, and partial vacation of an alley, among other things. (b) An Illustrative Site Plan, the sheets of which graphically depict the Project and its various components; (c) An Architectural Character Plan, the sheets of which depict the architectural composition of the structures to be constructed as part of the Project; (d) A Grading/Drainage Plan, the sheets of which depict all grading and drainage system improvements within the Project; (f) A Utility Plan, the sheets of which shall depict the water, sewer, gas, electrical, cable, telephone and all other utilities and utility systems serving the Project; and (g) A Partial Alley Vacation Plat vacating the eastern 150 feet of the alleyway located in flock 76 of the City and Townsite of Aspen. 2. A construction schedule (the "Limelight Construction Activity and Traffic Management Plan} related to construction and installation of the improvements set forth in the above-described Final PUD Plans will be provided by Owner's general contractor for the Project, R. A. Nelson & Associates. 3. Owner agrees to complete the landscaping and irrigation for the Project in accordance with the landscape plan ("Landscape Plan") to be submitted as part of the building permit application in accordance with Section 16 of the Ordinance, in as logical a sequence as possible in relation to the completion of the Project Improvements. Owner and its successors and assigns shall thereafter be responsible for the maintenance of the Project landscaping. D. FIlVANCIAI, GUARANTEE. In order to guarantee installation of the landscaping improvements described in the Landscape Plan identified in Section C (3) above ("Landscaping Improvements' and maintenance and replacement of the same for a period of one (1) year after installation, Owner shall provide to the City a letter of credit, a letter from Owner's construction lender confirming that funds are available to Owner in its constmction loan for the purpose of insuring maintenance of the Landscaping hnprovements, or other security or financial institution confirmation of 3 I:LLW-062)VOJV•W AppYnNOMFiw7Limeli6ht SuLdiwitro PIID AyrtmrcmpJ.05.06.Epp -~ ~..~ ~, adequate funds available to Owner in amount not less than one hundred twenty-five percent (125%) of the estimated costs of the Landscaping Improvements as estimated by the City of Aspen Parks Department, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, letter fom Owner's construction lender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully complete or pay for any Landscaping Lnprovements or pay any outstanding bills, or to request payment upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills for work done in regazd to thereto by any party. As portions of the Landscaping Improvements are completed, the City of Aspen Pazks Department shall inspect these Landscaping Improvements against the approved Final PL)D Plans, and upon confirmation that these Landscaping Improvements have been installed in accordance with the Final PUD Plans, he shall authorize reduction in the amount of the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation as documented by invoices through final field inspection reports for that portion of the Landscaping Improvements; provided, however, that such confirmation and reduction shall occur no later than five (5) business days from the date of the City of Aspen Parks Department's final inspection and subsequent issuance of acceptance certificate for the Landscaping Improvements; provided, fiuther, that twenty-five percent (25%) of the estimated cost of the Landscaping Improvements shall be retained until such Landscaping Improvements have been maintained in a satisfactory condition for two (2) yeazs starting from the date of the issuance of the Certificate of Occupancy for the Project, at which time, the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall terminate and expire. Jn order to guarantee that the Owner shall not start excavation and then abandon the project, the Owner shall provide to the City a letter of credit, a letter from Owner's construction lender co~rming that funds are available to Owner in its construction loan for the purpose of filling in the excavation needed to construct the overall project, or other security or financial institution confirmation of adequate funds available to Owner in amount not less than one hundred twenty-five percent {125%) of the estimated costs to fill in the excavation needed to construct the overall project as estimated by the City of Aspen Engineering Deparnslent, in form and substance reasonably acceptable to the City and from a financially responsible lender, This letter of credit, a letter from Owner's construction lender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully fill-in the excavation or pay any outstanding bills, for work done to fill in the excavation. At the completion of a full foundation on both the lodge and the residential components of the development, and upon confumation that the foundations have been installed in accordance with the Final PLTD Plans by the City Engineer, the letter of credit, letter from Owner's construction lender, or other- security or financial institution confirmation shall terminate and expire. II~~IBIIIII'IIII~NI~IIIIII~~Br~~IIlBIIIVIIIII~IIIII 0 9268a 8031:531 I:LLLL-06rPD0rVUD ApplknbMFiMlWrcayM Su°°IIiArn PUD Agnmimror.°S.°6.doe ~~ VIII UIIII IIII I~Ih ull I~IIIII HI III~I I~I10II 7 2~ 0~6 11: S31 CgUDILL PITKIN COUNTY CO R 121.00 D 0.00 E. DEVELOPMENTRFO ifRFMFNTC RFCTRTr'TTnljc A1.ID AGREEMETaT5. Owner hereby agrees to the conditions of approval as specified in the Ordinance and Owner and City specifically agree as follows: Buildine Permit The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approvai printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Pazks Department Director for off-site rep]acement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year stoml frequency should be used in designing any drainage improvements. f. A final construction management plan. The Owner shall comply to the greatest extent practical with any general construction management requirements that the City adopts before and after building permit issuance. g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilizationplon prepared by a licensed Engineer i, A detailed landscaping plan. This landscaping plan shall include a plan for right-of--way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to ep abutting public streets of at least five (S) feet in width. Appropriate street tree plantings are required along all sheets adjacent to the property. S I:LL4.06111001V'UD Applx~tloMpimlLimellBM SubdiWfen pUD Apnmep107.OS.OGdoc I~NI EIIIIIIIIIIIIIIIIIIIIIfIIlI11II~luIll~lll~l~~~l a ~ 48 24 Y05 CHUDILL pITKIN COUNTY CO R 121.00 D 0.0033.531 The Applicants shall preserve the existing Cottonwood tree located on the comer of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the wnceptual PUD application. Additionally, the stand of lazge Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Owner shall also install tree saving construction fences azound the drip lint of any trees to be saved subject to the following provisions: 1. The City Forester orhis/her designee must inspect this fence before any construction activities commence. 2. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Owner shall also remove the three (3) conifers located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Avenue. A 2-year maintenance bond shall be secured by the Applicants for any trees to be preserved ill which there will be planned excavation within or adjacent to their driplines. 2. Affordable Housing Units, Owner acknowledges that the development of free- market residential condominium units as part of the Project, subjects the Owner to affordable housing mitigation pursuant to the guidelines of the Aspen/Pitkin County Housing Authority ("APCHA'~. Owner acknowledges that the development of 15 free-mazket residential units as part of an Incentive Lodge Development like the'Project would normally obligate the Owner to provide 4.5 affordable housing units. Due to the Owner's generation of employee efficiencies in the project the Owner was granted affordable housing credits offsetting and reducing its affordable housing obligation to 3.36 I-bedroom affordable housing units. Accordingly, the Owner shall remit to the City stash-in-lieu payment for its affordable housing obligations equal to 2,734,4I0 and 70/100 Dollars ($2,734,410.70) based on the curent cash-in-lieu fee amount. This cash in lieu payment shall be paid in full prior to the issuance of a certificate of occupancy for the Project; however any portion thereof paid after issuance of a building permit for the Project shall be adjusted in accordance with the then current APCHA affordable housing mitigation guidelines (the method of calculation shall be 55,675 square feet of FAR in the residential component to be mitigated for, multiplied by the single-family residential cash-in-lieu fee amount as set forth in the Aspen/Pitkin County Affordable Housing Guidelines and amended from time to time, multiplied by 74.6% {which is the percentage of 4.5 1-bedroom affordable housing units required to be mitigated for after credit applied from the lodge component of the development)). 3. Emplovec Housine Units. Owner acknowledges that the addition of approximately 15 lodging rooms to the Project would normally create the need for employee generation mitigation and a related employee mitigation plan with the APCHA. Owner and the City agreed that the proposed efficiencies created in the Project as noted in Section E (2) above I:LL1L-06]7N°21PV0 AppNUUOn0'ivlLimeli9ht Subdivuio° PUD Apeene,u07.01.06.doe pYN ~ ., ((VIII ~ VIII IIII IIIIII IIII gNIII III VIII IIII (I~I 079 6B00fi 11 :53i JRNI CE K VOS CRUDILL PITKIN COtfITY CO R 121.00 D 0.00 eliminate Owner's mitigation obligations for the lodge room component of the development, provided that the Audit (as defined below) reveals that the Project after development does not generate additional employees. 4. Employee and Affordable Housing Audit. Owner will perform an employee audit ("Audit") of the Project within 30 days of the second anniversary of the issuance of a certificate of occupancy for the Lodge. This Audit will compaze the number of full-time employees employed at the Project at the time of the Audit against the 42 employees employed at the lodges prior to redevelopment. For purposes of the Audit, the term "employee" shall include all full-time, payroll and non-payroll employees employed at the Lodge. The Housing Office Operations Manager shall approve Applicant's auditor and the Applicant shall be solely responsible for all fees associated with retaining the auditor. (a) Affordable Housing lyiitieation. Should the Audit reveal an increase in employees above the 40 full-time employees that aze anticipated to operate the Project, the Owner shall provide deed restricted, affordable housing or a cash-in-lieu payment for the balance of the Owner's affordable housing mitigation obligations. (b) Emulovee Housine Mitigation. Should the Audit reveal that the number of employees employed at the Project exceeds the 40 full-time employees anticipated to operate the lodge component of the development, the Applicant will deliver acash-in-lieu payment pursuant to APCHA guidelines in effect on the date of this Agreement, to mitigate its employee housing obligations. 5. Condominiumization of Proiect: Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declazations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of title thereto. 6. Water Department Requirements The Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as requued by the City of Aspen Water Deparhnent. The Owner shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Each residential unit shall have an individual water meter but the Owner will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building. 7. Aspen Consolidated Sanitation District Requirements The Owner shall comply with the Aspen Consolidated Sanitation District's roles and regulations. No cleaz water connections I:LLLL-ObIJ~DW WVD Applk+donlFlndLlme11gA1 SubdM~bn PVD Agres~nt07.OJ.00.doc ~ ~ .. ,~+ (roof, foundation, perimeter drains) to ACSD lints shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the pazking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of--way above ACSD main sewer lines. The Owner shall enter into a shared service line agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. 8. Sewer Line Relocation The Owner shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. 9. Transformer Relocation The Owner shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation. The Owner shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. 10. Deliveries in Block 76 Allev There shall be no deliveries to the extent practical to the Limelight Lodge via the remaining Block 76 alleyway. 11. Pedestrian Amenity The Owner is providing pedestrian amenity for 1 % (approximately 550 squaze feet) of lot square footage. The Owner shall pay acash-in-lieu fce of providing pedestrian amenity in the amount of 5732,900 (15,208 SF which is 25% of 60,834 SF properly size minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per squaze foot) prior to building permit issuance. 12. PM-10 Mitigation The Owner shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only ono pazking space per unit and require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide free RFTA bus passes to employees that live outside the City of Aspen. c. Advertising to potential guests that a personal or rental caz is not necessary due to the extensive public transportation system. 13. Width of South Monarch Street A street width of 28 feet, from the face of curb to the face of curb, shalt be maintained on South Monarch Street. 14. Sidewalk, Curb. and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the right-of-way adjacent to all of the property subject to this development prior to issuance of a certificate of occupancy on any portion of the development: On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. II,IIII'lllIIIIIIIIIIIIIIIIII~IIIII~IIIII~fI~~Illlfl 5268.5 15:531 JRNICE K VOS CMAILL PITKIN COUNTY CO R 121.00 0 0.00 I:W W61T0°iWUD ApPlinuonWinlSimCli6M SLbdivoion PUD Apamm107.OS.OGdoe I IIIIII III I~ I III I I IIII I IN I III IIII II I III II III I IIII 5 68 8~ g ee ,sa~ JRNICE K VOS CRUDILL PITKIN COUNTY CO R 121 .00 0 0.00 ] 5. Park Devej~ment Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fce schedule in place at the time of building permit application. 16. School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi-family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. 17. Deep Powder Relocation The Owner shalt pay $20,000.00 towazds, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided 6y the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or azound May 1, 2006, to accommodate the demolition plans of the Owner. 18. Wildlife Trash Containers The Owner shall install awildlife-proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Owner shall install a trash compacter for use of the lodge building to limit solid waste pick- ups in the alleyway of Block 76. 19. Temporary Use of Public Ri ts-of--Way. Owner may temporarily use public rights-of--way as staging areas for construction activities related to the Project in accordance with the provisions of the Limelight Construction Activity and Traffic Management Plan and pursuant to a Temporary Construction Encroachment License entered into by the Owner and City. 20. Construction Activities Affecting Access to Citv of Asoen Facilities. Owner agrees and acknowledges that any and alt construction activities undertaken in connection with the Project that in any way affect facilities and/orrights-of--way owned by City of Aspen shall be governed by the provisions related thereto to be set forth in detail in the Limelight Construction Activity and Traffic Management Plan. 21. Construction Activities Affecting Citv Streets and Infrastructure. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities, infrastructure and/or rights-of--way owned and controlled by the City shall be governed by the provisions related thereto to be set forth in the Limelight Construction Activity and Traffic Management Plan and any applicable City permits and/or official engineering regulations. 22. Sweet Closures: Traffic Cond. All provisions related to street closures and traffic control operations necessitated by construction of the Project are set forth in more detail in I:VA~O6x1b021PUD Applic.lion~FivalLimvli;h~ Subdtvislon PUD AlrtameN07.os.Obdoc IIIIIIIIIIII~i IIIIINIIillllllllalllll~lllIIIIIIII e 96B08f~ JNNiCE K VOS CPUOf LL PITKIN COUNTY CO R 121.00 D 0.00 Section E (1) above and will be set forth in the Limelight Construction Activity and Traffic Management Plan. 23. Restoration of Public Streets. Owner agrees that upon completion of the Project, the Owner shall split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inlet on the southeast corner of S. Aspen Street and E. Hyman Avenue, the Owner shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development. 24. Encroachments Into Ciri Propertv. It is hereby acknowledged by the parties to this Agreement that as pari of the Project, Owner shall construct and install certain improvements that encroach into adjacent public rights-of--way. Specifically, portions of the roofiine, the entrance canopies and some balconies of the residential units will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as delineated and depicted on the Architectural Character Plan identified in Section C (1) (C) above, The City agrees to grant to Owner an easement for these encroachments in the form of the Encroachment Easement attached hereto as Exhibit A. 25. As-Built Drawines. Owner shall submit as-built drawings for all site improvements constructed by Owner within any City right-of--way to the City within 180 days from the date the last certificate of occupancy is issued by the City related to the Project. Such drawing shall be submitted both in the form of 24"x 36" mylaz sheets stamped and sealed by a Colorado professional surveyor (PLS) as well as in electrorric form. 26. Development Timing The Owner shall obtain a certificate of occupancy on all of the lodge component of the development prior to obtaining a certificate of occupancy on any of the residential units within the development. F. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS $Y QWNER. Tn the event that the City Council determines that the Owner is not acting in substantial compliance with the tarns of this Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non- compliance within such reasonable times as the Ciry Council may determine, but not less than thirty (30) days. If City Council determines that the Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine anyone or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or ]0 1.1LLL,06171WTPUD AppUCatlonlFWLLlmtayhl SubdWiaion PUD ArrtensW07.OS.O6.doc I,IIu l~llll III fl~lll II~ ~~II~I ~ ~~ ~II III 074 6848 4 _ K VOS CRUDILL PITKIN COUNTY CO X2006 I1:331 R 121.00 D 0.00 (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance that is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedwes nonnally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as maybe appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a Ending of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A fmal determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. In addition to We foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s), which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. G. GENERAL PROVISIONS. 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, pazagraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and maybe altered or amended from time to time only by written instruments executed by all parties hereto. 11 L~I.u.aall~oorwua Applinrion~rma;~m Subdiriaim rw n:,~,mT.os.onax ~-.. ^., ,~ 5. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Agreement by all parties thereto, City agrees to approve and execute the Partial Alley Vacation Plat and Subdivision Plat for the Project and any other Final PUD Documents as may be necessary, and to accept the same for recordation in the Office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OP ASPEN City Manager 130 S. Galena Street Aspen, CO 8161 I LIMELITE REDEVELOPMENT, LLC and LIMELTTE INC. c/o Limelite Lodge 2228 East Cooper Avenue Aspen, CO 81611 Attention: Dale Paas and Sue Woolery With copies to: Gerald M. Bieh1 General Management Real Estate 1201 Galapago Street, #101 Denver, CO 80204 1111111 IIII) ~~ilil IIII Ii~lll IIII I,IHII III I01,II III IIII 5 a2G0/820088r114531 J0NlCE K VOS cRUDILL PITKIN COUNTY Co R 121.00 D 0.00 Steven Szymanski Szymanski Development Partners, Inc. 2506 West Main Street Littleton, Colorado 80120 Cage Williams Abelraan & Layden, P.C. Attention Les J. Roos 1433 17'" Street Denver, CO 80202 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the land underlying the Project and any and all 12 eu.~.naa~oorrwncWKaceown.aimwrusuWlWian Puu AjrcsrtientOT.QS.06.doe r^ `~,. Owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and yeaz first above written. [SIGNATURES ON FOLLOWING PAGE) [REMAINDER OF PAGE IIJTENTIONALLY LEFT BLANK) I~IIIIIIIIIIIIIIiIIIINIIIIIIIIIINIIIIllllilllll a 9~808f1~453, JRNICE K VOS CHUOtLI pITK[N COUNTY CO R 121.00 D 0.00 13 crrx: CITY OF ASPEN, a municipal corgPr, FORM: .~. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instnunent was acknowledged before me this~~flay of '.f ~ , 2006, by Hclen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the ity of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. ~ , ary Public My Commission Expires: D r !.ski. ,IACFgE LpTH1Ar1 I I~IIIIIIII I`IIII IIII IIIIII IIII UIIIII III III III IIII 079 680 8f 114531 J(iNICE K VOS CRUDILL PITKIN CDUNTY CO R 121.00 0 0.00 Ia L~LLL-0617`OOINUD ApplkatbnlFinaLLimelghl Su6div4i0n PUD Apecmem0T.03.06.doc .,.. -.,. ~~ ~ ,~ OWNER: LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company By: Next Generation Investments LLLP, a Colorado limited liability parhlership, Member By: Limelite, Inc., a Colgsn o orporati 1 General Partner By: ~ ~-- Leroy Paas, President STATE OF COLORADO ) ss. COUNTY OF PTTKIIV ) The Foregoing instrument was acknowledged before me this ~' day of Sv~~ 2006, by Leroy Dale Paas, as President of Limelite Inc., General Parmer of Next Generation Inveptm~nt, LLLP, as Member of Limelite Redevetopmen LLC, a ~ radp ij1>Zited iJ S~aT ility com an . I ( ) Witness my hand and official seal. ~@, Notary My Commission Expires: ~ a`1(~ ~~00 By: Pazkside Re evelopment LLC, a Colorado limi d liability company, !l /~! . f %~~~ Gerald M. Biehl, Manager STATE OF COLORADO ) ss. COUNTY OF PTTKIN ) The foregoing instrument was acknowledged before me this~~ay of<<~_~,~__ ~ ~ , Notary Pub1A My Commission Expires• . 2 IIII~IIIIIIIIIIIIIIIINNIIIIIIIIIIIIIINIIIhII~~lI 526848 z, JaNICE K VOS GRUDILI PITKIN COUNrv pp 07/2®/2006 11:531 R 121.00 D 0.00 15 I:LLLL~o63)~oDPPUD Appliwdon~F1,W UmeI1gM SubdlH,lon PUD Ageemeog7.p5.06.dx 2006, by Gerald M. Biehl, as Manager of Parkside Redevelopment, LLC, as emb of Limelite Redevelopment, LLC, a Colorado limited liability company. n / Witness my hand and official seal. C ) /'CL ~.. ... . , ,. LIMELITE, INC, a Colyr< corporal' Lem ale Paas, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was aclmowledged before me this,(Krday of~_ 2006, by Leroy Dale Peas, as President of Limelite Inc., a Colorado c lpo lion. Witness my hand and official seal. C otaryPublic p'fAq•• ~ My Commission Expires: ~ ~ QQ l ? ~' %~ ~ --~-- ? ~IIII~ ~III~ I~IIII III IIIIII ~~I) IIIIII (~I IIIIII ~~I III 522668 0 8134431 16 1'LLLL-06TTDONUD Appliulion]FimlLimeG(AI Su6diWyian PUD AneemenWl.0.S.06.dee --, ~., , ti Encroachment Easement ENCROACHMENT EASEMENT THiS ENCROACHMENT EASEMENT is made and entered into effective as of the day of .2006, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City") and LIMELITE, INC., a Colorado corporation, and L1MELiTE REDEVELOPMENT LLC, a Colorado limited liability company, whose address is 2228 East Cooper Avenue, Aspen, Colorado 81611 (collectively "Limelite'7. WITNESSETH: WHEREAS, Limelite is consttucling a mixed-use development within the City known as Limelight LodgdPUD (the'•Project"); arld WHEREAS, as part of development of the Project, it is acknowledged by the patties that it shall be necessary for Limelite to construct and install certain improvements on, over and under certain rights-of--way owned, controlled and operated by the City (the "City ROWS"), which City ROWS aze shown more fully on Exhlblt A attached hereto and incorporated herein by reference; and WHEREAS, the City agrees to allow Limelite to construct and install certain improvements on, over and under the City ROWS (the "Allowed Encroachments' in those locations specifically sot forth on Exhibit A, subject to certain conditions; and WHEREAS,-the City has the power and authority to grant encroachment easements. NOW, THEREFORE, in consideration or the mutual agreement hereinafter contained, the City and Limelite covenant and agree as Follows: 1. Grant of Easement. The City hereby grants Limelite anon-exclusive easement to occupy, maintain and utilize the City ROWS for the Allowed Encroachments, which are generally described as portions of the roofline, entrance canopies, trellises, and an exterior Staircase of the residential units that will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as more particularly depicted on Exhibit A, for the purposes described herein. The terrlt of this easement shall commence on the daze of the first building permit issued to Limelite in connection with the Project and shall continue and be irrevocable until demolition of the building containing the residential units, This easement shall be subordinate to the right of the Ciry to use the surface area of the City Property for any pre-existing, authorized purposes. Until demolition of the building containing the residential units, the City shall not remove or interfere with flee Allowed Encroachments or take any action whatsoever to disturb, preclude, interfere with or cause the removal of the same from the City. I IIIIII IIII VIII IIII VIII) IIII IIIIIII II IINII III IIII e a 6848tr24sa1 JMlICE K VOS CaUDILL PITKIN CWNTY CO A 121.00 D 0.00 .~-, ,.., 2. Use of Ciri ROWS. Limelite shall have the right to occupy, maintain and utilize those azeas of the City ROWS shown on Exhibit A for the Allowed Encroachments, which Allowed Encroachments shall consist of surface and overhang building improvements. 3. Maintenance. Limelite shall be responsible for the maintenance and repair of all azeas of encroachment upon the City ROWs, together with all improvements consnucted therein, which the City, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 4. 'ts. Limelite shall obtain from the City all necessary and appropriate permits related to construction and installation of any of the Allowed Encroachments within the City ROWS. 5, Insurance, At all limos during the term hereof, Limelite shall maintain general liability insurance for any loss, claim or damages arising from or connected with Limelite's use of the City ROWS and shall furnish the City with a certificate of insurance evidencing such insurance coverage upon demand. 6. Indemnification. Limelite shall save, dcfrnd and hold the City harmless against any and all claims for damages, costs and exprnses, to persons or property that may azise out of, or be occasioned by the use, occupancy and maintenance of the City ROWS by Limelite, or from any act or omission of any reptesentative, agent, customer and/or employee of Limelite, except for claims that may arise out of, or be occasioned by the negligent or intentional act of any representative, agent or employee of the City. 7. Non-Exclusivity of Easement. Except as otherwise prohibited or agreed to by and between the parties, nothing herein shall be construed so as to prevent the Ciry from granting such additional licenses or property interests in or affecting the City ROWS as it deems necessary, provided, however, such additional licenses or property interests do not impair or materially interfere with the rights and benefits granted to Limelite in this Agreement. 8. Eindina Effect: Assitunnent. The conditions set forth herein shall constitute covenants running with the land, and binding upon and inuring to the benefit of Limelite, its successors and assigns, In addition to the assignment tights provided in the foregoing sentence, the parties hereby agree and acknowledge that Limelite's rights hereunder may be collaterally assigned by Limelite to a mortgage lender. 9. Attorneys' Fees. In any legal action to enforce the provisions of this Agreement, the substantially prevailing party shall be awarded its reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and yeaz first above written. [SIGNATURES ON FOLLOWING PAGE] IIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIII IIIIIIII IIIIIII 0796S008af 114531 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 121.00 D 0.00 .., ~. [REMAIlVAER OF PAGE INTENTIONALLY LEFT BLANK] IIIIINI~IIINNIIIIIIIINIIII~IIIIIIIIIIIIIINNII 5flse~e s4~ JPNICE K VOS CgUDILL PIYKIN COUNTY CO R 121.00 D 0.00 .-. `.. ~~aF: ENCROACHMENT AREAS NORTH PARCEL A PARCEL OF LANG SILUATFD IN BLOCK 78, CTTYAND 70WNSITE OF ASPEN, Bt SECTIONS 7 AND 18, TOWNSHIP 10 SOUEH, RANGE 84 WEST AND IN SECTIONS 12AND 13, TOWNSHIP tO SOU1H, RANGE 85 WEST, DOTH OFTHE SD(TH P.M., COUNTY OF PITIDN, STATE OF COLOARDO ffi>~1 esrnv srrvs'er lSb' ROM 1 ~' AOVND ae• AuAwuu cAn etoEx N 1 OREAII IAl1RF3l ms EdlOtOV. A7 7NE AlltY Alf NIERSECnON m MOPRWS AMIUf ARC oARUUaI smrfT ~s Aaeuo l 1D7 G MIYNf AIflRR ~ ~ Il ~ ~ ~3 1 ~~ W ~p & , ~ e k 110 E LAMER A4DNE comet m'novwws ~D ~ . rc 4 ^ REG /IOeeOe l REeAR zel•-~ IT Q ~ w .~~ ~' - / Rom 07/~d%'R! I.IYR.N=A1' wIBD/V7SlON/fVn J0.117 N R# 0.eN aaN# SCALE:1•~0' I ROOF 04E11NAN0 AND /R 1 AWRD xCnaw DaRNEIt 2C 131] TSS RISW, SEC ~u nassetw l s/e• RESM ANO rusnc GR ~s 11uEneu' y V ~ b `, a A~,~p,~7 •`NOM OLfl/NANC AND iREIUS , ~ ~e~ 1 sruRDASE IIONAAL^d STA8J7' 1 TMY AYIw SOPRIS ENGINEERING - LLC clv3 cavsulzwrs 80! MAIN 6TRFPi. BUREA3 200' 9 e. g 'c $ ~~ ALL ENCROACHMENT DIMENSIONS SHOWN HEREON ARE PARALLEL AND PERPENDICULARTOTHESOUNDARY UNES OF THE NORTH PARCEL sloes aerseme II~III VIII I~I IIII (IIIN IIII IIIII,I III I~IIIII II IIII 9 ~ se 0080E 114531 JNNICE K VOS CMIDILL PITKIN COUNTY CO R 121.00 D 0.00 3•, ~°~ '~ a i~ .~r'O ~~`/ ~~~ '9 zoos cna:,~ rL. ~d ';r^ ~ November 3, 2008 By Electronic Mail (drew.alezanderCa.ci.ascen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: ... Les Roos lesroos(a>comcast.net 720-379.6742 I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. In accordance with the Pre-Application Conference summary, this letter authorizes Gerald M, Biehl, President of General Management Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite Redevelopment, LLC's representative for the Common Development Review Procedures pertaining to the approval of the condominiumization of Monarch on the Park. Mr. Biehl's contact information is as follows: Gerald M. Biehl General Management Company 1201 Galapago Street, No. 101 Denver, Colorado 80204 (303) 592- 9112 (office) (720) 254-5086 (mobile) jeny@gmco.org Sincerely, Les Roos J ~~ 4.. ~. Read and Approved: Limelite Redevelopment LLC, a Colorado limited liability company, By: General Management Services, Inc., a Colorado c rporation, Manager By j , erald M. B'eh resident Date: //~3 6 ~ Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 ~~ ., ~; ~~ Les Roos lesroosna.comcast.net 720.379.6742 November 3, 2008 By Electronic Mail (drew.alesanderna,ci.aspen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declazant of the real property being developed as a condominium project known as Monach on the Park. In particular, this letter addresses paragraph 10 of the City of Aspen Pre-Application Conference Summary by providing a written description of the proposal and a written explanation of how the initial condominium map providing for creation of six of the 14 condominium units to be created in Monarch on the Park complies with the review standards relevant to the development application. The review standards relevant to the Monach on the Pazk aze specified in Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847 in the Clerk and Recorder's office for Pitkin County, Colorado and further articulated in the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526848 in the Clerk and Recorder's office for Pitkin County, Colorado. Pazagraph E (5) of the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development provides as follows: Condominiumization of Project; Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-mazket residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepaze in accordance with the Code and CCIOA and the .-~ , . Drew Alexander ` ' November 3, 2008 Page 2 City agrees to process for approval and recordation a condominium map for each sepazate condominium regime. Owner shall also record declarations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of title thereto. In furtherance of this requirement and in accordance with the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park, which will be recorded in the Clerk and Recorder's office for Pitkin County, Colorado and a copy of which accompanies the electronic copy of this letter, the Condominium Map establishes the initial six condominium units in Monazch on the Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City, were based on 14 condominium units. Although all 14 units are approaching completion, only these initial six units are ready for issuance of certificates of occupancy. As the remainder of the units are completed, Limelite Redevelopment LLC will file amendments to the Declazation of Covenants, Conditions and Restrictions and supplements to the Map creating and incorporating these units. For your information, I have also attached copies of the Articles of Incorporation, Articles of Amendment, and Bylaws for Monarch on the Pazk Condominium Owners Association, a Colorado nonprofit corporation, the members of which are owners of the condominium units, and a Good Standing Certificate for Monarch on the Park Condominium Owners Association issued by the Colorado Secretary of State. Please let me know if you need any additional information. Thank you again for your cooperation. Sincerely, ~~ Les Roos ddd cc: Gerald M. Biehl by electronic mail Leslie J. Roos, LLC 500 Golden Eagle Drive Broomflald, CO 80020 ~[ '~ ~l~ ~ec.au ~LtcQ ~ya ~~ ago 6 «~- ~ '~ro>,. No • $2!v 850 ('tom ~ ~ •t~.., s~~t~~~. ATTACHMENT 2 -LAND U3E APPLICATION PROaECr: Name: 1~ //YIW [~t y'L Location: .t2~ ~a,.f ~e (p' uw1A ~ S dicate street address lot & b oc number a al descti lion w 'ate Parcel ID # RE UIRED APPLICANT: REPRESENTATIVE: Name: CD2iP tt.~G~ ~`'~ • f3 I ~-~-C. r Address: n~l~~~ i fm.nA Phone #: J TYPE OF APPLICATION: (please Check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexNMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ~ ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ~ Dther. IUNG~dYh 1 N rttk I I-l Conditional Use s, ~~. Hh4~e ou attached the folbwing? FEES DuE: S `] 3 5 , v v L~~1!(/ .Application Conference Summary ttachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards p 3-D Model for large project All plans that are larger than 8.5" X I1" must be folded. A disk with an electric copy of all written teat (Microsoft Word Format) must be submitted as part otthe applicatiou. Large seek project should include an electronic 3-D model Yoaryre-application conference summary will indicate if you must submit s 3-D model ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Monarch On The Park Applicant: Limelight Redevelopment LLC Location: 405 S. Monarch Street Zone District: Lodge Zone District with a PUD Overlay Lot Size: 26,916 sf Lot Area: 26,916 sf (tor the pu[poses of calculating H loor Area, Lot Area may be retlucetl for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.• _N/A Proposed: _N/A Number of residential units: Existing: _N/A Proposed: Initially 6; 14 when all units created Number of bedrooms: Existing: _N/A Proposed: Initially 23; 48 when all units created Proposed % of demolition (Historic properties only):_N/A DIMENSIONS: (See note below re: Allowables) Floor Area: Existing:_N/A Allowable: 2.43:1 FAR Proposed:_55,661 FA(see note) Principal bldg. height: Existing.•_N/A Allowable: _42' * Proposed: _41.83' Access. bldg. height: Existing:_N/A Allowable: N/A Proposed.•_N/A On-Site parking: Existing: _N/A Required: 2 per unit Proposed.•2 per unit_ %Sitecoverage: Existing: _N/A Required: 77%max. _Proposed:_ 77% Open Space: Existing.• _N/A Required. _N/A Proposed: _N/A Front Setback: Existing: _N/A Required.• _0' _Proposed.• _0' Rear Setback: Existing.• _N/A Required.• _0' Proposed.• _0' Combined F/R: Existing: _N/A Required: _0' Proposed: _0' Side Setback: Existing: _N/A Required: _0' Proposed: _0' Side Setback: Existing: _N/A Required: 0' Proposed: 0' Combined Sides: Existing.• _N/A Required: _0' Proposed: _0' Distance Between Existing _N/A Required: N/A Proposed.• N/A Buildings * 46' for elevator head enclosures, fireplace flues & vent terminations, per roof ht. plan presented at 2/6/06 City Concil Meeting on Ordinace 1/2006. Existing non-conformities or encroachments:_N/A Variations requested: N/ per approving Limelight Lodge Final PUD. Note: Floor area quantity not specifed in Ord. 1/2006, only FAR. Gross Bldg. Ar is 77,966 sf, qualified Floor Area is 55,661, compared with site area of 26,926 sf. this results in 2.07:1 FAR, vs. 2.43: 1 allowable FAR. ,.,.. ., CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Ciri of Ascen DQevebnnoment Aootlwtlon Fees CITY OF ASPEN (hereinafter CITY) and NI ~ t /l '~(, 14 gC11x.P~ ~. Z- ~• (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing foes is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following Weir hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by We CITY when Wey are necessary as costs are incurred. CITY agrees it will be benefited through We greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree Wat it is impracticable for CITY staff to complete processing or present sufficient information to We Historic Preservation Commission, Planing and Zoning Commission and/or City Council to enable We Historic Preservation Commission, Planning and Zoning Commission and/or City Concil to make legally required Endings for project consideraton, unless curtent billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees Wat in consideration of the Cf['Y's waiver of its right ro collect full fees prior to a determination of on completeness, APPLICANT shall pay an initial deposh in We amount of $ '/3rJ.pO which is fort~_ hours of Community Development staff time, and if actual recorded costs exceed We initial deposit, APPLICANT shall pay additional monhly billings to CITY to reimburse We CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planer hour over We initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees Wat failure to pay such accrued costs shall be gronds for suspension of processing, and in no case will building permits be issued until all costs associated wiW case processing have been paid. CITY OF ASPEN APPLICANT ~~ ~~ ~,: $Y By: ' ChrisBendoe !/)r~~ r r Community Development Director Date: Billing Address snd Telephone Number: 12th Gtt,~a ~ Sll+'ttt" iVo / v l ea~CGt~ r CrT~F H~'r PrAID l10. ~~OA'A ~ ~ 0 99906 Upon recording return to: Les Roos Cage Williams Abelman & Layden, P.C. St. Elmo Building 1433 17th Street Denver, CO 80202 CRY OF /-BPEN WRE7'I' PAID taEP NO. t!,-t •s P ~»• 6 General Warranty Deed This General Warranty Deed ("Deed"), made between Limelite, Inc., a Colorado corporation ("Grantor"), and Limelite Redevelopme~ LLC, a Colorado limited liability company ("Grsatce'~. WITNESSETH, that Grantor, for and in consideration of Ten and /100 Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presems does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, situate, lying and being in Firkin County, Colorado described as follows: Lots A wad B, Block 7T, City and Townsite of Aspen, Connty of Pltkin, State of Colorado and Lots C, D, E, F, G, H and I, Block 77, City and Townatte of Aspen, County of Pitkln, State of Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anyway appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Gnmtor, either in law or equity, of, in and to the above bargained premises, with the heteditaments, easements, rights of way and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, and its successors and assigns, does covenant, Brant, bargain and agrce to and with the Grantee, its successor; and assigns, that at the time of the ensea{ing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except real property taxes and assessments for the calendar year 2005 and subsequent years a lien not yet due and payable, reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59, Page 283 of the Clerk and Recorder's Office for Pitkin County, Colorado, and a first Deed of Trust securing a promissory note in the original principal amount of Eight Million Three Hundred Thirty Two Thousand Five Hundred and 00/100 U.S. Dollars (58,332,500) payable to the order of Wells Fargo Bank, National Association. C ~~ ., m YY >~ r ~~ N 10 I I'pN loll ~ BII ~ ~ IMI ~ I~ 50ziiie0s ez:ss 9ILV1P DRVIS P1nciN Couirr co R 11.ee D 1sse.N I:LLLL-0623W02H)ocsV.imelileSNhDaed01.13.M.dx ,., ..,. .. The Grantor shad and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of Glantce, its successors anti assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Gramor has executed this General Warranty Deed as of the date set forth below. GRANTOR: Limelite, Inc., a Colorado corporation ay: ale Peas, President STATE OF COLORADO ) COUNTY OF ~~i1/ ) ~ The foregoing instrument was acknowledged before me this day of January 2005, by Leroy Dale Pass, as President of Limelite, Inc., a Colorado corporation, Grantor. My c mn 'ssion expires: ,zOO6 ~sEAL~ YI CaNtittia' Notary Public I~~~ a'°z'42.rs ez:ss StLVIP ONVIS PSiKIN COINITV CO R 11 .Oa 0 1a0l.M I:U.V:063JWD2~DaaU.imdile$p,ghp,Mp1.13.M.Ax OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Monarch on the Park Condominium Owners Association is a Nonprofit Corporation formed or registered on 10/27/2008 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20081565807. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 10/23/2008 that have been posted, and by documents delivered to this office electronically through 10/27/2008 @ 19:56:48. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 10/27/2008 @ 19:56:48 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7213292. ~.~~.- Secretary of State of the State of Colorado .++++++++++++++++++++++»+»++»+++.+++.++++++++EndofCeriificate»+»+»»»+»»++++++++++++++++++++++++»»+»+»»+»» Notice: A cert~cate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and a ec[ive. However, as an option, the issuance and validity oja certificate obtained electronically may be established by visiting the Certifrcate Confirmation Page of [he Secretary of Smte's Web site, hnn ih ~~.~ ~ sw~ state co us~bc/CerlificateSearchCrirerla.do entering fhe cert~cate's confirmafion number displayed on the certifrcate, and jollowrng the instructions displayed. Confirming the issuance of a certificate is merely ootiona! and is not necessary to the valid and eNective issuance ofa certificate. For more information, visit ow Web site, hap inrw sos. stareco. us click Business Cenler and select "Frequently Asked Questions. " CERT CS D Revised 08/10/YOnB ,ATM Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets aze subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Colorado ~retary of State Date and Time: 10/27/2008 11:55 AM ID Number: 20081565807 $50.00 Document number: 20081565807 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes(C.R.S.) 1. The domestic entity name for the nonprofit corporation is Monarch on the Park Condominium Association (Caution: The use of certain terms or abbreviations are restricted by taw. Read instructions for more information.) 2. The principal office address of the nonprofit corporation's initial principal office is Street address 1201 Galapago Street Suite 101 (Street number and name) Denver (CiN) Mailine address (leave blank if same as street address) (~ty~ CO 80204 !at (Z!P/Postal Code) Uni~ec~ States (Province-ijapplicab[eJ (Country) (Street number and name or Post Office Box information) (Province - japplicable) (State) (Z/P/Postal Cade) (Country) 3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent aze Name (if an individual) BOOS LeS (las!) (First) (Middle) (Suffix) OR (if an entity) (CauBan: Do not provide both an individual and an entity name.) Street address 500 Golden Eagle Drive (Street number and name) Broomfield Cp 80020 (City) (State) (Z[P CodeJ ARTINC_NPC Page I of3 Rev. 02/28/2008 ~~. Mailine address (leave blank if same as street address) \..../ (Street number and name or Pos! Office Box informalionJ CO (CilyJ (SmteJ (Z1P Code) (The fallowing smtement is adopted by marking the box.) ^/ The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) OR Roos Les ([asq (First) (Middle) (Suffix) (if an entity) (Caution: Do not provide both an individual and an entity Mailing address 500 Golden Eagle Drive (Stree(number and wme or Post Office Box information) Broomfield (City) (Province - if applicable) CO 80020 Un~fsedJStates (Z7PiPosmrcodeJ (Country) Qf the following statement applies, adop( the smtement by marking the box and include an attachmenl.J ^ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. (Ifthe following stalemen7 applies, adopt the statement by marking the box.) /^ The nonprofit corporation will have voting members. 6. (The following slatemen! is adopted by marking the box) ^/ Provisions regarding the distribution of assets on dissolution are included in an attachment. ~. (!f the jo77owing slatemen! applies, adopt the slatemen! by markittg the bax and include an attachmenl.J Q/ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does nat have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (Ijthe following stalement applies, adopt the statement by entering a date and, if applicable, time using the required formal.) The delayed effective date and, if applicable, time of this document is/are (mm/ddfyyyy hoar: minute am/pmJ Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTINC_NPC Page 2 of3 Rev. 02/28/2008 ~.~~ 4 ' This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Roos Les (last) (First) (Middle) (Suffix) 500 Golden Eagle Drive (Scree(number and name or Post Once Boz information) Broomfield (CiN) (Province - if applicable) _ CO 80020 United/States ~/PiPosralcode~ (Country) (/f (he following s(a(ement applies, adop( the smtement by marking the box and include an at(achment.) ^ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and aze furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTINC_NPC Page 3 of 3 Rev. 02/28/2008 ~. ,. .. Click the following links to view attachments Attachment 1 iAr~Ts off` n~corporation Attachment .-~ Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets aze subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit wwwsosstate.co.us and select Business Center. Paper documents must be typewritten or machine printed. .~ ,. Colorado Secretary of State Date and Time: 10/27/2008 07:53 PM ID Nttmber: 20081565807 Doctunent number: 20081567508 Amount Paid: $25.00 ABOVE SPACE FOB OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-130-105 of the Colorado Revised Statutes(C.R.S.) ID number 1. Entity name 2. New Entity name (if applicable) 20081565807 Monarch on the Park Condominium Association (!f changing the name of the corporation, indicate name BEFORE the name change) Monarch on the Park Condominium Owners Association 3. (!f the following statement applies, adopt the statement by marking the box and rnc[ude an attachment.) ^ Other amendments are attached. 4. If the nonprofit corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires (mm/dd/yyyy) OR If the nonprofit corporation's period of duration as amended is perpetual, mark this box ^/ 5. (Optional) Delayed effective date (mm/ddfyyyyJ 6. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mazk this box ^ and include an attachment stating the additional information. Notice: Causing this document to be delivered to [he secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Rev. ll/15/2005 I of 2 ,~.. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Roos Les (Las!) (FlrslJ (Middle) (S1~zJ 500 Golden Eagle Drive (Street name and number or Post Offrce Box information) Broomfield CO 80020 (city) Unitetl States (Posral/Zip code) (Province-if applicable) (Country-if not US) (The document need not smte the true name and address of more than one individual. However, Jyou wish tv state the name and address of airy additions! individuals causing the document to be deliveredfor filing, mark this box ^ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. Rev.ll/15/2005 2 oft .. AUG. 26. 2006 9:50AM P[TKIN COUNTY TITLE ~ ~ ' N0. 3914 P. 2 ORDIPTANCE N0.1 (9ERlBS OF z006) AN ORDINANCE OF THBASPEN Cf1'Y COUPiC1L A;t'PROVING THE LIIt~LIGHT LODGE FINAi, PLANNED UNIT DEV&LO1~NT AND ASSOCIATED LAND US$ REVIaW3 TO CONSTRUCt I2S LODGE ROOMS AND ]5 RFIlYl1$NTIAi. DWELLING UNCI'S OPT THE L~LiiE LODGE, DEEP POWDER LODGE, AND $NOWFLAI~ INN PROpERTDES, DESCRIB$p A9 THE EASTERNMOST 10 FEET OB LOT C, LOTS D-I AND LOTS O-B, BLOCK 76, CITY AND TOWNSITE OF ASP'BN, AND LOTS A~ BLOCK 77, CITY Ol9' ABPEDT, P!I'KII~T COUNTY, COLORADO Pa~atNa T73 7-182 1 9-OOI P~ael Na T737-I3I-0S-001 Parcel Na T 737-182-18-6DI Pa ~ C d NA 2 73 8 0 7 3 -0T - O O I WHEREAS, the Community Development Department received as appl{tation from Limelite Zn0. and Limelita Redevelopment T.I,C, owners, lepreeemted hY Steve Szymeneid, requesting appawal of a Final Plalmed Unit Development, Pertial Vim, Rezoning, Subdivision6 Wheeler Mountain View Plane Review, Design Standards Veria~ey Cammoraiai Design Staodaad Vatiw~oa, and 131owth Maoagonant Review, m lzs lodg6 units and eevarteea (17) fin ntark6t resat swelling unite on the propaites dasrnbed as the wstarnmoet 10 feet of La C, Las D-I and Lots O-S, $loc]t 76, of tilt City and Towncite of Aspen and Lob A-l, Bleak 77, City and Towneite of Aspen; and, WHEREAS, the au~ject propartiee contain appro~cimately 64,000 total square feat and are located in the Lodge 7.ana Diatriot; and, WBEREAB, the Community Davokpiment Director hes data~i-xd in uoneultatiou with the Applicants that it vwould ba appropriate for the ooviaw of all of the land uea requests saeaciatod with the final 1'UD application to bo aombiood with the review of the final PUD appl{cation to ~Sre clarity in the $nel dacisioa pDrsumt to Land Use Coda Section 26.304.060(8x1), Cambind .svis~; and, WHEREAS, pnrsaant to land Uao Code 36cdon 26.445, Planned UNit Deuvtog„nenr, the City Coundl may approve, approve with conditions, or dray a Final Plam6d UDit Devalopmmat raqueat during a duly noticed public heating atler' taking and oonffidoriag co~lents from the general public., and recommeadaaana &»m the Ylamm~g end Zoning t.olumisaion, Commthtity Development Director, end rolavant refeaBl ~, RTiERI~.AS, during a duly noticed public hearing on Dec~bar 6, 2005, the Planting and 2oniug Coon cantimled the review of the proposal b Dxember 13, ~t ~, I~~~~~~ ~/a6/Zee6 71:62 JANla6 K Vpf WDSLL P77KSN COWTY CO R Sa.ee D •.N r. AUG. 28. 2006 9:§1AM PITKIN COUNTY TITLE ~', N0. 3914 P. 3 WH16R>6AS, daring a duly noticed public hoarbrg an December 13, 2005, the Planuir-8 ~ ~ID8 C~a~ approved Resolu8oa No. 38, 3erias of 2005, by s five to zero {5-0} vote, t'eoommeadmg ibst City Coutrcil approve with conditions, the Limelight Lodge final Pl)D soil aesoaisaad land use actions to conatrud an incentive bilge consisting of 125 lodge milts and sevettttx~ (l7) froamarket raidendal tm{Is; attd, WI~REAB, doting a duly rmticod public herring on Jatntary 23, 2006, the Aspen City CottJttril camiaued the review of the application to Ftduaary 6ie; and, 'WHEREAS, tae Applicatrte submitted a revised proposal containing 125 lodge emits and fiftoaa (iS) $ee-madtat msidcndal tmits~ and, WHEREAB, dig a continued public heating on February 6, 2006, the Aspen City Council approved Ot~naaae No. 1, Series of 2006, by a four tD o~ (41) vote, approving with conditions, the Limelight Lodge fiDal PLTD and asaooiated land ass acdorre to aaashttol sn incentive lod®s caneieaag of 125 lodge mats and fifteen (l5) Eros-market residential uttits; and, WSERTiA3, the Aspen evty Coanoil boa reviewed and aansiderod tiro development pmpoatd order the applicable provisions of the Mttmlcipal Codo as identified bettor, has reviewed and carleddtaed Ste reoommand~ort of the Pbumhrg sad Z,ortiag Commission, fire Catamrtnpity Devolopmmt 17iteobr, the applicable referral' ageatuas, sail has taken and coasidtaed public oommad at a pabHc hearing; and, 'VV$ER8;A9, rho City Coamil finds that the davalopmmrt proposal moats err atceeds all applicable davelopornat sWtdatda sail titer tl~ appsowal of the dwelopmneat proposal, with Dondibona, is cD~atent with the goals and elemengt of the Aspen Arca Community Plan; and, WHBREA6, the City Council fends that this OrdinsDC.e furthers and ie neceeemy for the promotion of public healOt, safety. and welfine. NOW, THEREFORE, ]tt$1T O1<tUA1NEb 87l THE CC1'Y CO'UNTCIL OF THE CITY Okr A61•EN, COLORADO THATs Pursuant ~ hte procedt¢es send ata,tdards set forth in Title 26 of the Aaprm Mwaiapsl Code, the Aspen City CoDUCII haolry approves the Limelight Lodge Final PLTD application, partial alley vacation, subdivision, renaming to fi~hrde a PL1D overlay, WheDler Moantaia View Plane Review, Comma+oial Design Standard 'VerlAnees, and Growth Mtmagememt Review to eonDruct 125 kedge cults sad fifteen (IS) flee madoat retddemial dwelling urtim err the praptatias dosoHbod en the easternmost 10 feet of Lot C, Lots D-T and Lots O.S, Hlack 76, of tiro City and Townsite of Aspen and Lots A-I, Bloek 77, City and TovJnsite of Aspen, subject ib 1he c~itioris eJratalnad herein. I~~~~W~~~ ~ /8 ®b ti:5x JpifCE K Vpi dxloiLL Plrlfla COUNTY ep a aa.M D a.oe \, AUG. 28. 2006 9:41AM PITKIN COUNTY TITLE N0. 3914 P. 4 fltssioa z: Reasotae to lards a P'UD O.eriav Puroumt to the peomdmee end strmdtarls sot faath m qty of Aspen lead LTSe Code Section 26310, .lr~darenla m 8re Land Ure Code sad Zwrr Da'sdict Ate, qq' Council hereby lemma the Limelite Lodge, Deep Po.raer Lodge, and snowflake Ian properties in iachrde a PUS overlay. Saetioa 3: SrrbdlvWae/PD~ 1Nm is ssrn~rrt The Ap!plioa~a e1n~ record a subdivides agreemeiu brat meets the regrmr~natts of Land Uea Code Seetiaa ?,6.480 whbin 180 d;ya of appmvat. Additiumally, a gnat Subdiviaiaa/PIID Plan shall be recorded in the Pitkhs County Clark sad Recorder's OPgce within 180 days of the final approval sad droll iaehrde the grllowlag: a. A final plat meeting the rap~onts of the City Engineer sad showing: eaaemente, tareroachtaent e~eaneats sad licrosea (with the teeeptiesr anmbaa) i~ physical improvdaaems, and location of utility pedestals. b. An i]lusaative site plats of the pluject dlorviag the proposed improvemeata, lasdscapitrg, padtiag, sad iho dimensional rcquiremenfs as approved. o. A drawtag represeatiag the project's at+Clliteaimal character. d. A Baal grading and draim~e phm. e. A 5ael attlity plan. 8estlsa 4s Bailiae l!eroit The buikliog pomrit application shall irrduda the tbllewhrg: a A copy of the final Ordinance e~ PBrZ Resolution. b. The conditions of approval printed on the Dover page of the bnildntg permit sot. a A completed tap permit ~ ae<vice with the Aspen Consolidated Seaitatioa ]]ietrict. d. A tree removal pororit sa aegauod by the City Periat 17opartmept and any approval from the Padre Depattmeat Dlreotor lix oi't-silo replacement ar mi8gat(oo of mry ranoNed trees. The tree reaooval permit applioatiaa drell be accompapied by a ~~ P~ g ~~+ beet tiro to be r+cramed snd new Plantings proposed oa rho site a A drainage Plan, iachrding an oroda~a ccuaol phn and snow aiorsgo runoff plan, prepared by a tbkaado lieeseod Civr1 Fagineer, which matabdraa aadimcet snd dobda on-site dining and after cerr~n~oo. If a gro~d rodrerge system is required, a soil paoolatierr report will be tegaaed m oorrootly aim the faciliiy. A 5- yearstorm gegaeucy sharld be uasd is dedgning any drainage imptovmranta. f. A final ooustrvdiat management plan pursuant to the roquittmeota deeedbed in Section 6 of this orditamce. I~~~~~ ~~~~ ~atase~ ii:~ msr~ a vas owoa.~ vrmra aWx co a ae.M a a.ea AUG. 28.2006 9:§2AM PITKIN COUNTY TITLE N0. 3914 P. 5 g. A fugitive duet eontml plan iq be rtrvieaved and approved by dse )iagiaeecing Department h. An eacavatlon/stablliration plea prepazed by a licensed $ngmeet'. S : The dbrt~®ional raquaetu~atrta establishefl is tltia PUD are as follows: Dlmeneionai PIID Dlaaeftaioual niremnst atreeoe;q Mw~La sire o0o sF Minim~Lotwidlh eoFeet MmhmntFmotYstd OFat ~~ Miai®m Side Yard 0 Foot Setheck Minimum Rar Y O Faet S~back Maxim Lodge, 46 Pat for Pr6smy Root Heiight, SO Feet for liedted sane atomeats, elaraters, mahetrJgl aa3amea eao.• Par roof Height Plan Ptexoted u L6106 CSdy Casmail Meeting Rteidoatisi; 42 Foot, meataxad t~ axisliog gndc end 46 feet for olevalar heed enctoemea, Grep]sce flues, nd veot eetadaatmnr.e Par Hoof Height Plan Psae~od et 2J6~06 City Camtoil Mee ' Minimea Percent l]pan 7796 Maaumm Sita Cavenge ens Albaable Bxte>ai 2,43:1 FAR A4mimmn Og goroet Pattc6o .4 Psrldng 9pecee pu Lodge Unit g 2 Parking ~ psK Residential Unit Seetloe 6t t~saafra~do~a Manaaemeat A coast:riation maaageramt plea ahaIl be eubttsitfed with the building permit application that meets the mqubrom~ of the current "CAmponeota of a Cantgarotien Management Plan" handout that is evailabk in the City of Aap~t Btrihling YkpeMteat The oomOntctlon management plan shall include at a r70inimtlm, a COOatCttetldt parking plea, a coaatruction staging and pheeing plao, a canahuction worker >raoaporta>zon plan a plan ibr accepting ~m construction-related deliveries with eetimemed delivery echeduk:, the doeigrtstion of haul routes, and an sgreanent with the City m participate with odu~ naighbodng developmarta under constitution in limit the impacts of t~nsltaction. This Il~~~~u~~ i1,%18~/2M6 it:C1 ovases K vos caussu erncsn coaurr ao a ss.ee o •.« ..,. AUG. 28. 2006 9:§2AM P[TKIN COUNTY TITLE N0. 3914 P. 6 agreenmt shall be prepared by the developer sad atxepted by the Community Devalpment Dircotar. As part of the caneuuctlon management plan. rho developer shall ogres In require aU dump pucka htuding to end firm the site tb cover chair loads end Host the omission raquirematda of the Colorado Smoking Vehicle Law. Aay regulations regarding oonenvcdca msoegom~t that maybe adopted by the City of Aepea prier to application for a building permit for this project ehaU be applicable. The ctarsutrctien manage~t plan shall also inchrde a fugitive duet control pkm m be veviowad hY the City Engiuetsing Department that iachtdes watering of dietutited arose (including haul mutes, whore necessary), peeimater silt fencing, as-needed cleaning of a~ae:att right-of-ways, and a representation that the City hoe the ability m request additional nneaaarea to prevent a nudsaaoe during won A temporary swtoaehmatt license is required for rue of the City's right-of-way firr conetna~ion porpoaea, The Applicatrte shall sot bo allowed m close Monarch Street dnriog wasttuotiort except when doing nttlity work as Monarch Stmt and camalructing comer bulb-Dote. The Applioa~s shell coorditratc wilt the Roaring Fozit Transit Agenoy (RFfA) and the City m echedolo a cloeuro of Monarch Snnet, Street closures co~turent with significant public ev'eots in Wagaor Park shall be avedded to the greatest extent possible. Street olowues of $oath Marrarch Street and East Coopar Avenue shad be administered by the City of Aspen $nilding Department subject to obtaining temporary prcroachmetN licenses, The Applicenta shall •aleo provide phoac aontaot information for on-site project raanegament to address oonsnuctlon irapetxs to: Tha Clty of Aspen, tbo 210 E. Cooper Coadammdt~s, the Park Central Condonriuriame, the Pack Cornrel bleat Condominiums, sad the Towne Phtoe of Aspen Ca~ndominiams. Seelba 7: j'reCanaUatetior Meeting The Applicaab shall caaduot a pro-construction cleating with the City Community Development Stan' prior to submittal for a building permit application. Thin meeting shall inehula the genus] contractor, the arahimet pmdudng the constrtrotion drawings, the Community Development Buginaey a raproserttWfve of the City 13uiklurg Departateat, and the Community Development Department's case planers. Sectbi 8: Pare MitlQatloa The Applioante shall install a tare eiainlder system sod alarm system that meets the regairmaaate of the Fire Harebell is both the residarrtial and loflgo developments. The water service line shall be sized appropriately to actxmnnodate the required Fire Sprinictet Syatcrn, The Applit~ts' design team shall meet w[th the Fira Marshall to formulate a plan for 6ghthtg 5ros is the bok>w-grade parking garage structures prior to building permit anbmhtal. I~~~~~~Ipl~ e~i~eua~e ii:sz JRNIrF K VOB CGI,erLL PITIIN GOIrr1Y Ce R ea,N D e.N ,. aUC.28.2006 9:52nM PITKIN COUNTY TITLE N0.3914 P. 7 flartlon 9: Wad t The AppHcams shall comply with the City of Aapem Water System 8tandarda, with Title 23, and with the applicable standards of Title g (Water Conaavation and Plumbing Advisory Coda) of rho Aspen Municipal Colo, as required by the City of Aspen Water Department. The Applicants eba11 also atte+r imo a wad aerviw agmoaleat with the City and camplote a comnnon service line agreamart ibr the residential units. F,aoh reside>nial ttlrit shall havo an individual water mote[ btu the Applioento will be required to PeY ~Y ono tap fee for the residential unit building and me tap fee for the lodge bniidirlg. The Appliaats shall comply with the Aspen Comsolidated 3animion District's Nles and reguletieos. No clear water comteations (roof, foundatiam, puimaprr drains) to ACSD lima shall be allowed. Oil and sand Nparatora meding the AC3D's Iequirarxats shall be installod in each of the parking garages. ht addition, the driveway artrama drains shall drain to drywalls a~ ekivamr shaft drains shall drain through an oil and sand separator. One tap to the main samltary line is allowed for each of dre buildinga within the development. No sar7 nails shall be allowed in the public right-ofiway above ACSD main sewer lines. The Applioanl6 shall arter into a shared service lino agrealltent. pyC01 and enawmclt shall have containment areas approved by the Aspar Consolidated Sanitation District. man il• Sewer Line Relee~ion The Applicants shall fund the redocadon of the main sanitary sewer line that serves fhe Yrospectar Lodge. piton ll:~natarmer 7Reioeatim The Applicans shall rolooato Ure existing transformer ouzo thou property. The location for the traaatbrmer shall bC approved by the Commu»ity Development Depattmart price to installation, The Appliaa~ shall dedicate an asaament to allow for City Utility. Persoenel to access the relocated tranafomler for maintenance purposes. l3e~on 13• DeQverlee la Block 76 There shall ba no deliveries to the etcfent ranslning Biotic 76 alleyway. practical to the Limelight Lodge via the ~ ou 14: Lodns Emnlovea Audit An anpkryea audit oa rho lodgo coasponaait and reeldentiai componem of the development shall be eondtwted after two fiill 8aca1 yeas fivm the date of issuance of the certi$oate of oooupanay to verify that arily 40 PTBa are needed to operate the now kedge, pursuant to the following terms: a. The App6oems shall provide ar np-ta+-data report as the cinrant employees at the time of 6RUl plat. b. The Applicams ohall stain an auditor and shall gain prior approval from the Housing O~iae Operations Manager for the eoleetioa of the auditor. I~~~~~~il~~~ e~'iziziezeee ii:az JPNIOre K YO! aRIAICL PITKIN POINTY e0 R Sa.N 0 a.N AUG. 28. 2006 9:§3AM PITKIN COUNTY TITLE N0. 3914 P. 8 a The Applicants shall be tlrtly maponsible far aU foes associated with retaining an auditor. d. The audit shall oowr aReor two Hill fleaal years of operation. Shouhi the housing audit rafareaced above indiaats that the It07V Limelight Lodge ie employing more than the forty (40) ilttl-tip employees (the Liraelita Lodgq Weep 1'owdor Lodge, sad Shvwflake Ina td be dmrolished had 42 full-fima employees a8er casleolidating ownership of the properties, of which 2 ]?TF.a shall be credited m the treo- market residential component in order to lower its empbyee housing mitigation requirement to 3.36 l-bedroom a~aadable housing units or cash-itrliau thamot) that are anticipated to operate the new lodge, the Applicants shall ratlrrm to the HousiAg Authority user the i3-llowing iarms: a. 1ho Applicants shall provide deed netricted, affordable housing or cash-in-lieu thereof to mitigate for 30% of the addhioaal employee; above 40 full-tone employees. b. Tlu Applicants shall abide by the Aspao/Pitkin County Atl'otdable Aoueing Guidelines in effect at the time of the audik e. The term tmployaa shall inaluda all full-time payroll and aonpaymall employees gatterated by the application. d. Eutployae housing nails or cash-in-lieu theroof equal to 3.361-bedroom nails shall ba provided prior lb requesting a 9na1 bnildimg inspection an my of the traidential or lodge unite within the project. 3ectfan 16t rle~~owdd' Relacmion The Applicems shall pay S20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder oebias m a site provided by the City. T7te landing site of the cabins shall be ideatifiad by the City in a timely manna; to allow for the relocation of the cabins oa or around May 1, 2006, to accotamodste the de~Htion plans of rho AppAcenta. 9ectlea 16: Lg~ia bR~ The ApPlicanCr shall submit a detailed landscaping plan as part of the building pernrit application. This laadaoaphtg plan shall include a phm for rigirt-ofway landscaping sad ilaigatlon witbout trmChiog mtder the roots of it~aea to be psesmv~d to fhe eutatt posnblis if tranrhing !s rteceseary it shall ba dace by band. The plea shell also i>relude a parkway landeeapmg strip adjaam to all abutting public 84eets of at least five (5) feet in width. Appropriate street tree phmtiagp are r+mq~rirad along all strata adjacent to the property. 17te Appliaa~ shall preserve the etdsting Cottonwood tree loeat~ an the caaaer of South Maa¢oh Sirext and East I3ymart Avenue and the large Cottonwood kee that exit between the bap Powder I.Adge and the Limelite South Building that woo elated tier removal in the conceptuat PUD apptioetion Addttimrplly, tiw stand of large Spsna trees located to the north of the existing Limelite South Bnllding shall be thinned fm' hoahh and proee-ved. The Appliaaats shall also install tree saving oottslruetiam fence around the drip line of any trees to be saved subject m the followhrgprovisions, I~~~~~~~~~ ~ Bs~ae~a ii:az .MNICE K V05 tiW0IL1. P1rKIM IRIrlfY CD R 66.00 a O.M ~_ AUG. 28. 2006 9,53hM P[TKIN COUNTY TITLE N0. 3914 P. 9 a. The City Forester or his!lter designee moat inspect this tbnce before say conalmtxion aotivitiea eomme~oo. b. No excavation, stoisge of materials, storage of conskuotiaa equipment, eonstrvction badrfill, foot or vehicular Qafflc shall be allowed within the drip line. The AppUcan<a shall also remove tl>e tluee (3) conifers locamd eQjacent to the proposed parldog garage eatrmoe to the lodge build{ng alaag Hymn Avenue. A z-year mainte4ance band shill be scoured by the Applicmtts for any trees tD be preserved in which there will beplamud axcavaton within or adjacern to rhea driplurea. Seetlm 17: pedestrian Air The Applicants are pmpoang to provide pedestrlm amemty for 1% (approximately S50 square feet) of bt egoare footage. The Applicants shall pay acash-in-lieu See of providing pedeatttao amenity in the emamt of 5732,90p (15,208 SF which is 25°~ of 60,834 SF property dze aunua SSO square ll;et of pedeprim amertity ipaoa provided= S14,658 SF, muitiplied by sso per equero foot) prier to t>viwing permit iasramce. sae~sa ~,~rm-io moo. The Applicaata ehafl exainoe the following methods of PM-!0 midgatioa a. 5e11 the rasidentiel mils with Daly errs parkuog apacx per u»it and roquue that purchasers of a rmit ba roquh+ed to purchase a second space at sa additional cost. b. Provide >}ee 1tFTA boa passes to etnpbyeos that live outside the t:Yty of Aspen a Advartisirtg to poteottsl guests that a personal or rental car is not necessary due to the extensive publio tronaportation system. li~tlea 79: Corner Bon-Oafs The oaraer bugrouts shell oortam tapered Garb lines of IS degrees leading into Ate comer both oats proposed in A-e Souflt lldeaarelr Street and East Hyman Avenue right-of-ways far mow plowing purposes. Addidonally, a steed width of 28 foot, 9nrn Ate face of cntb to the face of oorb, droll be msintaiaed on South Moaeotah Strout whore the comer bulb~osta are lr• ,~,~: Rirha.af Wsty Imuro Thor Appliantts droll rocodahvd H Cooper Avemre belweat 5oath Aspen 5troat mod South Mo»aeh Strout and split the drabage flows to South A~ten Street and Monarch Street. Additionally, if it is neoesamy to install a new storm drainmga pipe in E. Hymen Avenue and reseat+eet the storm saws inlet on the seuflteast corner of 8. Aspen Street an4 E. Hymen Aver-ne, the AppHgmta shall reeonatruct the south half of S. Hymen Aveatte. The Applicants sha11 ahw rxonm4ct the west half of 5. Mottervh 5troet and pave the alleyway of Hlook 77. All of the iminovements sot forth in this easion shaft be made prior to issuanea of a certificate of oooupancy on say part oftha development, I~~ ~ ~~~~ e~ias9xaae ii:ss am:a K vos Cuoiu FlrKra OeUNTV co R Sa.00 ~ •.aa AUG. 28, 2006 9:§4AM P[TKIN COUNTY TITLE N0. 3414 P, 10 21: tgidaw.u:. Carb~d tatter Sidewalk, aafi, and Satter tneedng the City ms's design regtureln~s dull be canshuctsd is fbe r(ght~Rway adlaoent to all of the property aubJeel to this develapimeat prior to issasnee of a cartiHoete of oocapa~y on any panties of dte davolopmeat, l7n Cooper Avenue botwom South Aspee Street and Moruseh Street ell cub end gutter dull be nplaeed. The aido+valk looatians shall be in subatantiaIIythe same kkadoo as is de+pictied cal the rite plan in the l9de1 PUl) appHatim submittal, The nor8l-feting curlm shell be hoaxed. l Park Dwelonmeet I nnrnent lerrwd Feer shall bo assessed at the time of building permit iasne>wa on both the new ieaidmlial bedtoeay (including the affordable hou~mg bedroolas) and the lodging bedrooms fb be added to the subject plopertles pursuant to baud Use Code Section 26.610, Park Dsvelop:neut lerpact Fer'x, The Park Davelopmeat bnpeet Fees shall be calculated by the Chy of Aapea Zoping Officer using the fee schedule in place at tlw time of buildmg pe>mit ~plicatieo. 8 23.9 I oe S 1 Land D shall be assessed on the prolwaal at the time of building permit is5ueace parewmt to Land Uap Code Section 26.630, School Lauds Dedicetiou, becartse anbdiviaioa approval is requited for the development of the multi-fmlily resideadal write per the delhrition of tetbdivislarr in the lead use code. The school leads dedic~dion fps shall be calculated by the City of Aspen Z.aoing doer udng the fee schedule in place at the limp of buildmg pemrit aq>plication. 3ecdor 24:1gr;aerior Lilehties All eatertar lighting shat! meat the qty's Lighting Code Rexilureaneaits pwauant to Land Use Code SeRAion 2b.575.150, Outdoor Lighting. 6eetlea 25: WQdlt<e 1'tsaY Caataaen T~ Applicaalts shall install a -rildbfo-pacoof ueakl container i$r the Seaide~Ial building drat meats the requinemearts of the 8nvhovunental Health Deperemeut, The Appllcarns shall install a trash C~paceu tar nee of d:e lodge buildi~ to limit solid waste pick-ups m dlo alleyway of Bk~ek 76. 3sctlea 26; Foed~rvlee 1PydYtiaa Pood eelvicp pleas nleetmg the l'egluremmlb of the City of Aspen ~ Heahh Department shall bo aubmitmd sad apps+ovad prior to saving food and prior ib obtaining a lbkuado Poad 3elvlce License. i~k~~ p°o1~W All design, irtafalletioa, sad maintenmce oftbe pool and spa shall comply with t1x Colorado Department of Health's "Svvimm'vig Pool cud iVllneral Bach Regulations". The Aepea Comolidakd Saturation Dieftiet shall review and approve the dram size for the swimmirSS pool Ikpilltypriorto icstelhttion. ~w~r~~r~A~ ~8~':l .RIaIC! R lea fAlpSLi. ~I7RIN CWMY CO ~/2B/Yeah 51:52 R Sa.N D e.aa AUG. 28. 2006 9;§4AM PITK[N CDUNTY TITLE N0.3914 P. 11 The Applicatrta shell obtain a oadficme of occupancy on all the lodge componaY of the developntertt prior to obta$iing a aertiSoate of occupancy on e~ pY tho rasidentisl amts wkhin the development Sectlnm i9; ~nao Vacatl0n The eaatem 150 feet of tln alleyway located in Block 76 of the City sad Townaito of Aspoa fe hereby vacated soi~ect to the ib)bwarg rulvirementa, a Owneratrip and title to the lands ao vacated shall vat as provided in sod by Secdion 43-2-302 of the Cohnado Revised Statutes. b. The City Clap is heeeby dttectad, apon the adoption of this ordiganco, to ~ tda oo~y of this ordinance in the pfBoo of the Pitkin Cottnry Clerk C, The City Pnginees is hereby directed, apes adoption of this ordhtance, to mate all correcticrts netxssary>b the Official Map ofthe City ofAsp~. d The alley vacation is approved based on the Ending that the vacation will not leave any adjohtiog Itmda without a means of access over an established pablic zi~ght-0f way oooneCthtg auah lands to as established pablia street e. An alloy vacation plat shall be filed and ttcorded at the Pitldn County Clerk and ,Itecorder'e office in association with recording the final aubdivlsion plat end I'C7D pleas. 1'hia Ordiramea shall not affect arty esialing litigation and shall not operate as an abatement of aqy action or proceeding now perrdrog under or by virlae of the ordimaoca repealed or amended as heroin provided, and the eema sbaII be construed and canotuded ands such prior otdinenca, 31- ff any aectbn, subsection, sentence, clause, plisse, or portion of this Ordinance is for say reason hold invalid or tmoonstitntional m e eclat of competent junadiction, such portion shat! be deemed a seperst~ disihtct end iadependemt provision and shall not aimed. Sts validity of the terneining portions tluueof. etion ' Ali material repmions and unamttmeata made by the applioeet pur>taant to this app&cation, whotha in ~blio he~atings ~ dotatiaa preamted before the Hiehoric Preaetvadon Oornmia~on, Platadng and Zoning Ccarnnlseioq or City Cormcil, aro hereby incorpoca6ed in ouch plan approvals and the aaaye shall bo complied with a if folly set forth hetsan, miles amended by an authorizM entity. ,aa1Yla~gpw 1~6~ szt~a7 ~aNriXyp~"'~~ ~N'° to of 11 vtnax count' cro ~~ Ti~ses rt:az~ e,ee AUG. 28. 2006 9:5§AM P[TKIN COUNTY TITLE N0. 3914 P, 12 fl~OU 33: A 1~~ heaOii$ on d1e ordiiisaae was bald eri die 23rd day of January, 2006, in the City Couoal Chambers, Aspen City Hall, Aapea, Colorado and coaatimued to the 6m day of Febraery, zoo6. »onvC~, ~lsAO AIVD oYtn~n P>iIBIdSf~D as ~owiaod by law, by the Comidl ofdre CityofAspon on die 91h day of7attusry.2006. ales uorod, Msyar Attest: Kathryn g. sly, C1ly Clerk FIDTTAI.LX, adapted, passed mid approvod by a vote of Sourtn ono (4th this 6o day of February, 2006. AttNt: MnYar S. '' , CLty Clerk Approved as to form: I~~~~~~~ ~I 526847 u~~l ale: tr el is JYMRCE K vas aNWILL P2NCIN aal°iTY Ca °7/26/~N6 ss gem R ee.N D e.N (Sty Attorney I I Illlll VIII I I III II~III I'll II~I~II III VIII I II III) 0 9 6 820086 1 1 8 31 ]PNICE K VOS CRUDILL PITKIN COUNTY CO R 121.00 D 0.00 SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT THIS SUBDNISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDNISION/P D UNIT DEVELOPMENT (the "Agreement") is made and entered into this~~ day of 2006, by and among THE CITY OF ASPEN, COLORADO, a Colorado muni ipal orporation (the "City") and LIMELITE REDEVELOPMENT, LLC, a Colorado limited liability company and LIIvIEL1TE, INC., a Colorado corporation (collectively, the "Owner). WITNESSETH: WHEREAS, Owner has submitted to City for approval, execution and recording final PUD plans, as the same aze defined and described below, for a real estate project within Aspen, Colorado known as the Limelight Lodge PUD and Related Land Use Application (the "Project"); and WHEREAS, City has fully considered the Final PUD Plans, the proposed development and improvement of the Project, and approved the project with conditions pursuant to Ordinance No. 1, Series of 2006; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final PUD Plans, such matters being necessary to protect, promote and enhance the public welfaze; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perfoim the conditions and requirements imposed by City in approving the Final PUD Plans; and WHEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that required public and common private improvements are installed, and Owner is prepared to provide such guazantees as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final PUD Plans for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which aze hereby acknowledged, the parties agree as follows: A, ZONING AND REGULATORY APPROVALS, Pursuant to Ordinance No. 1 (Series of 2006) adapted on February 6, 2006 and recorded as Reception No,~2~~ in the office of the Clerk and Recorder of Pitkin County, Colorado (the "Ordinance"), the City approved all final land use approvals and granted a development order for a site specific development plan for the Project subject to a vested property right. Tho land use approvals granted by the Ordinance included final Planned United Development ("PUD") approval, partial alley vacation, subdivision, rezoning to include a PUD I:LL\I.06ITDOTPUD Appli~lion~PwlLimeXgM SWtiri,fon PUD Agrtemcn107.O3.OGdot IIIIIIIIII~IIIII II 526848 I II III) IIIIII III IIIN IIII IIII 07/26/2006 11 :53i JRNICE K VOS CRUDILL 71TKIN COUNTY CO R 123.00 n 0.00 Overlay, Wheeler Opera House View Plane approval, Commercial Design Standards Variances, and Growth Management Review, to construct one hundred twenty live (125} lodge units and fiReen (15) free market residential dwelling units, all subject to conditions of approval. B. The Project shall entail the redevelopment of land souW of East Hyman Avenue, on the north and south sides of East Cooper Avenue, to the West of Monarch Street and to the east of Aspen Street, into a new lodge, free-market residential condominium units, and underground parking (for private needs). Pursuant to Ordinance No. 1, Series of 2006, the projects allowed dimensional requirements shall be as follows: Dimensional PUD Dimensional Requirement Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Front Yard 0 Feet Setback Minimum Side Yard 0 Fcet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Lodge: 46 Fat for Primary Roof Hcight, SO Feet for limited accent elements, elevators, mechanical enclosures, etc." Per Roof Height Plan Presented at 2/6/06 City Council Mating. Residential: 42 Feet, tt~asured Crom existing grade and 46 feet for elevator head enclosures, fveplace flow, and vent terminations." Per Roof Height Plan Presented at 2/6/06 City Councd Meeting. Minirtmm Pereent Open 77% Maximum Site Coverage Space Allowable Iixtemal 2.43:1 FAR Minimum Off-Sfreet .4 parking Spaces per Lodge Unit Parking 2 Parking Spaces per Residential Unit 2 I:VA.Obi)WOIWUD AppliasonffinnlLimellaxl SuadlWfbn Pln) Arreeanna17.0f.06.doe JN~ If N ~, I IIIII~ K Y VIII IIII III~II IIII IIIII'I III IIII IIII lilt 079 680 6 ' 1: S31 CPUDILU P3 TI(rN COUNTY CO R 121.00 D 0.00 C. PROJECT IIvIPROVE(v1ENTS ~ rnvERNING DO ENTS. 1. Owner is required 'to install and construct specific physical improvements ("hnprovements'7 as part of the Project in accordance with and pursuant to those final PUD development plans (the "Final PUD Plans'? that have been submitted by thvtter to City, which Final PUD Plans have been recorded at Reception No.s1~ PSO in the Pitkin County real estate records. Pursuant to Sections 3 and 29 of the Ordinance, the Fina! PUD Plans consist of: (a) The Final Subdivision Plat, the sheets of which set forth dedications, legal descriptions, vacations, project boundaries, and partial vacation of an alley, among other things. (b) An Illustrative Site Plan, the shoos of which graphically depict the Project and its various components; (e) An Architectural Chazacter Plan, the sheets of which dcpict the architectural composition of the structures to be constructed as part of the Project; (d) A Grading/Drainage Plan, the sheets of which depict all grading and drainage system improvements within the Project; (f) A Utility Plan, the sheets of which shall depict the water, sewer, gas, electrical, cable, telephone and all other utilities and utility systems serving the Project and (g) A Partial Alley Vacation Plat vacating the eastern 150 feet of the alleyway located in Block 76 of the City and Townsite of Aspen. 2. A construction schedule (the "Limelight Construction Activity and Traffic Management Plan) related to construction and installation of the improvements set forth in the above-described Final PUD Plans will be provided by Owner's general contractor for the Project, R. A. Nelson & Associates. 3. Owner agrees to complete the landscaping and irrigation for the Project in accordance with the landscape plan ("Landscape Plan") to be submitted as part of the building permit application in accordance with Section 16 of the Ordinance, in as logical a sequence as possible in relation to the completion of the Project Lnprovements. Owner and its successors and assigns shall thereafter be responsible for the maintenance of the Project landscaping. D, FINANCIAL GUARANTEE. ht order to guarantee installation of the landscaping improvements described in the Landscape Plan identified in Section C (3) above ("Landscaping Improvements'? and maintenance and replacement of the same for a period of one (1) year after installation, Owner shall provide to the City a letter of credit, a letter from Owner's cotstruction lender confirming that funds aze available to Owner in its construction loan for the purpose of insuring maintenance of the Landscaping Lnprovements, or other security or financial institution confirmation of I:~LW-0623`OOIWVD AppOen(onlFlnnlLimeli6M1t SuWiwion PUD AjRmnM07Af.06.Apc >.-, adequate funds available to Owner in amount not less than one hundred twenty-five percent (125%) of the estimated costs of the Landscaping Improvements as estimated by the City of Aspen Parks Deparnnent, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, letter from Owner's wnstroction ]ender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills, or to request payment upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills for work done in regard to thereto by any party. As portions of the Landscaping hnprovements are completed, the City of Aspen Pazks Department shall inspect these Landscaping Improvements against the approved Final PLTD Plans, and upon confirmation that these Landscaping Improvements have been installed in accordance with the Final PLID Plans, he shall authorize reduction in the amount of the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation as documented by invoices through final field inspection reports for Wet portion of the Landscaping Improvements; provided, however, that such confirmation and reduction shall occur no later than Sve (5) business days from We date of the City of Aspen Parks Department's final inspection and subsequent issuance of acceptance certificate for the Landscaping Improvements; provided, fiuther, Wat twenty-five percent (25%) of the estimated cost of We Landscaping Improvements shall be retained until such Landscaping Improvements have been maintained in a satisfactory condition for two (2) years starting from the date of the issuance of the Certificate of Occupancy for the Project, at which time, We letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall terminate and expire. in order to guarantee that the Owner shall not start excavation and Wen abandon We project, We Owner shall provide to the City a letter of credit, a letter from Owner's construction lender confirming that funds are available to Owner in its construction loan for We purpose of filling in the excavation needed to construct We overall project, or other security or financial institution confirmation of adequate funds available to Owner in amount not less Wan one hundred twenty-five percent (125%) of the estimated costs to fill in We excavation needed to construct the overall project as estimated by the City of Aspen Engineering Deparnnent, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, a letter from Owner's construction lender, or other security or financial institution confirrrlation shall provide Wat the City will have the unconditional right upon demand to partially or fully fill-in the excavation or pay any outstanding bills, for work done to fill in the excavation. At We completion of a full foundation on both We lodge and We residential components of the development, and upon confirmation that We foundations have been installed in accordance with the Final PUD Plans by We City Engineer, We Letter of credit, letter from Owner's construction lender, or other- security or financial institution confirmation shall terminate and expire. IIIII~IIII~IIIII~IUIIIIIIIIIIIIIINIIII~~flIIIIIIIII 5~ze8 es ii:sal JRNICE N VOS CMAILL P[TKIN COUNTY CO R 123.00 D 0.00 I:4,\L-067]YIOlWD Applinlb~ndLimetlyM SuD0lvidon PUD Aynamen\W.Of.O4.doe ~IIIIIIIIII E. DEVELOPMENT REOtiiRFMFNT5 FSTRICTIONS AND AGREEMENTS. Owner hereby agrees to the conditions of approval as specified in the Ordinance and Owner and City specifically agree as follows: 1. Building Permit The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground rechazge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. f. A final construction management plan. The Owner shall comply to the greatest extent practical with any general construction management requirements that the City adopts before and after building permit issuance. g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilizationptan prepared by a licensed Engineer. i. A detailed landscaping plan. This landscaping plan sha[1 include a plan for right-of--way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand, The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. Appropriate street tree plantings are required along all streets adjacent to the property. JRNICE K VOS I IIIIIIIIIIIIIIIIIIIIIIIII VIIIIIIIIIII a~g~ 06 11:$31 5 LiLVA6rf'OO7V'UD AppUe~BaOPimi11me119M subdiWion PUD Apeemeni07.Of.OQdoc I~iIII~~IIIII'II~ 'fIm 'I~N'IrI ,lm~III rII~ 52 848 IIIIII III I.II.'I+R ~,III'III NI~ 07/26/2006 11 :531 JRNICE K VOS CRUDILL PITKIN CDUNTV CO R 121.00 D 0.00 The Applicants shall preserve the existing Cottonwood tree located on the comer of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. Additionally, the stand of lazge Spmce trees located to the north of the existing Limelite South Building shalt be thinned for health and preserved. The Owner shall also install tree saving construction fences azound the drip line of any trees to be saved subject to the following provisions: 1. The City Forester orhis/her designee must inspect this fence before any construction activities commence. 2. No excavation, storage of materials, storage of wnsttuction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Owner shall also remove the three (3) conifers located adjacent to the proposed pazking garage entrance to the lodge building along East Hyman Avenue. A 2-year maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be planned excavation within or adjacent to their driplines. 2. Affordable Housine Units. Owner acknowledges that the development of free- mazket residential condominium units as part of the Project, subjects the Owner to affordable housing mitigation pursuant to the guidelines of the Aspen/Pitkin County Housing Authority ("APCHA"). Owner acknowledges that the development of IS free-market residential units as part of an Incentive Lodge Development like the'Projcet would normally obligate the Owner to provide 4.5 affordable housing units. Due to the Owner's generation of employee efficiencies in the project the Owner was granted affordable housing credits offsetting and reducing its affordable housing obligation to 3.36 1-bedroom affordable housing units. Accordingly, the Owner shall remit to the City acash-in-lieu payment for its affordable housing obligations equal to 2,734,4I0 and 70/106 Dollars ($2,734,410.70) based on the current cash-in-lieu fee amount. This cash in lieu payment shall be paid in full prior to the issuance of a certificate of occupancy for the Project; however any portion thereof paid after issuance of a building permit for the Project shall be adjusted in accordance with the then current APCHA affordable housing mitigation guidelines (the method of calculation shall be 55,675 square feet of FAR in the residential component to be mitigated for, multiplied by the single-family residential cash-in-lieu fee amount as set forth in the Aspen/Pitkin County Affordable Housing Guidelines and amended hom time to time, multiplied by 74.6% {which is the percentage of 4.5 1-bedroom affordable housing units required to be mitigated for after credit applied from the lodge component of the development)). 3. Employec Housine Units. Owner acknowledges that the addition of approximately 15 lodging rooms to the Project would normally create the need for employee generation mitigation and a related employce mitigation plan will the APCHA. Owner and the City agreed that the proposed efficiencies created in the Project as noted in Section E (2) above I:LLII.~O61POOaPUD Applica~innlfivlLimellglu Subdivui°n PUD Apeemnu07AfAd.dx IIIIIIII~IIIIIII~IIfIIIIIIINflIIIIIIINIIIIIIIIiI 5968 0~~:53, JgNICE K VOS CPUDILL PITNIN COUNTY CO R 121.00 D 0.00 eliminate Owner's mitigation obligations for the lodge room component of the development, provided that the Audit (as defined below) reveals that the Project after development does not generate additional employees. 4. Employee and Affordable Housing Audit. Owner will perform an employee audit ("Audit") of the Project within 30 days of the second anniversary of the issuance of a certificate of occupancy for the Lodge. This Audit will compare the number of full-time employees employed at the Project at the time of the Audit against the 42 employees employed at the lodges prior to redevelopment. For purposes of the Audit, the term "employee" shall include all tLll-time, payroll and non-payroll employees employed at the Lodge. The Housing Office Operarions Manager shall approve Applicant's auditor and the Applicant shall be solely responsible for all fees associated with retaining the auditor. (a) Affordpble Housing_Mitieation. Should the Audit reveal an increase in employees above the 40 full-time employees that are anticipated to operate the Project, the Owner shall provide deed restricted, affordable housing or a cash-in-lieu payment for the balance of the Owner's affordable housing mitigation obligations. (b) EmDlovee Housing Mitigation. Should the Audit reveal that the number of employees employed at the Project exceeds the 40 full-time employees anticipated to operate the lodge component of the development, the Applicant will deliver acash-in-lieu payment pursuant to APCHA guidelines in effect on the date of this Agreement, to mitigate its employee housing obligations. 5. Condominiumization of Proiect: Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-mazket residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA'7. Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declazations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. Tho Associations shall be responsible for the maintetumce of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of rifle thereto. 6. Water Department Reauirements The Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Owner shall also enter into a water service agreement with the City and complete a common service line agreement fot the residential units. Each residential unit shall have an individual water meter but the Owner will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building. 7. As ern Consolidated Sanitation District Requirements The Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No cleaz water connections I:LLV.-063)VJOIIPVD ApplkalbnV~YmllJmeN`ht Subdlvi~ion PUD Agies„vM07.O5.00.don .---, , gym; .. (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the pazking gazages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of--way about ACSD main sewer lines. The Owner shall enter into a shared service lino agreement. Glycol and snowmelt shall have containment azeas approved by the Aspen Consolidated Sanitation District. 8. Sewer Line Relocation The Owner shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. 9. Transformer Relocation The Owner ahall relocate the existing transformer onto their property. The location for the transformer shall bo approved by the Community Development Department prior to installation, The Owner shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. I0. Deliveries in Block 76 Atlev There shall be no deliveries to the extent practical to the Limelight Lodge via the remaining Block 76 alleyway. 11. Pedestrian Amenity The Owner is providing pedestrian amenity for 1 % (approximately 550 square feet) of lot square footage. The Owner shall pay acash-in-lieu fce of providing pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per squaze foot) prior to building permit issuance. 12. PM-10 Mitigation. The Owner shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only one pazking space per unit and require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide tree RFTA bus passes to employees that live outside the City of Aspen. c. Advertising to potential guests that a personal or rental caz is not necessary due to the extensive public transportation system. 13. Width of Smith Monarch Street A street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street. l4. Sidewalk,,Curb, and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the right-of-way adjacent to all of the property subject to this dcvetopmont prior to issuance of a certificate of occupancy on any portion of the development: On Cooper Avenue between South Aspen Street and Monaroh Skeet all curb and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. IIIIII I,III I~IIII IIII IIIIII'III II~II III I~III I'll i~~l P ~68 08 11 :53i 7PNICE K VOS CMIDILL PITKIN COUNTY CO R [21.00 0 0.00 I.N,LL-0W7~WrWUD AppliaupnlFinlrlnKa6M Subdivui°° PUD Ayw~anm7.07.06.doc IIIIIIIIII~IIIIIIIIIIIIIIIIIIINII~IIIIIIIIIIiIII 5;68 a8~:53i JRNICE K VOS CPUDILL PITKIN CWNTY CO R 121.00 D 0.00 15. Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26.610, Park Development Impact Feu. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building pemtit application. 16. School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi-family residential units per the dedmaion of subdivision in the land use code. The school lands dedication fees shall be catculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. 17. Deeo Powder Relocation The Owner shall pay $20,000.00 towazds, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or azound May 1, 2006, to accommodate the demolition plans of the Owner. 18. Wildlife Trash Containers The Owner shall install awildlife-proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Owner shall install a trash compacter for use of the lodge building to limit solid waste pick- ups in the alleyway of Block 76. 19. Temporary Use of Public Ri is-of--Way. Owner may temporarily use public rights-of--way as staging areas for construction activities related to the Project in accordance with the provisions of the Limelight Construction Activity and Traffic Management Plan and pursuant to a Temporary Construction Encroachment License entered into by the Owner and City. 20. Construction Activities Affecting Access to City of Aspen Facilities. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities and/or rights-of--way owned by City of Aspen shall be governed by the provisions related thereto to be set forth in detail in the Limelight Construction Activity and Traffic Management Plan. 21. Construction Activities Affective City Streets and Infrastructure. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities, infrastmcture and/or rights-of--way owned and controlled by the City shall be governed by the provisions related thereto to be set forth in the Limelight Construction Activity and Traffic Management Plan and any applicable City permits and/or official engineering regulations. 22. Street Closureg`Traffie t<ontrol. All provisions related to street closures and traffic control operations necessitated by construction of the Project are set forth in more detail in CLLLL.O61)b0ilPla) AppiindonlFlnalLimeli;M Subdivtibo PUD A/nameM07.05.06.dce N ~Ip'1 °`. I IIIIII IIlll~f f IIII N~II IIII ~I~II III MIN III IIII 07?680086f 1,831 JPNICE K VOS Cg1~ILL PITK[N COUNTY CO R 121.00 D 0.00 Section E (1) above and will be set forth in the Limelight Construction Activity and Traffic Management Pian. 23. Restoration of Public Streets. Owner agrees that upon completion of the Project, the Owner shall split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurnet the stomr sewer inlet on the southeast comer of S. Aspen Skeet and E. Hyman Avenue, the Owner shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development. 24. Encroachments Into Citv Prouerty. It is hereby acknowledged by the parties to this Agreement that as part of the Project, Owner shall construct and install certain improvements that encroach into adjacent public rights-of--way. Specifically, portions of the roofline, the entrance canopies and some balconies of the residential units will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as delineated and depicted on the Architectural Character Plan identified in Section C (1) (C) above. The City agroes to grant to Owner an easement for these encroachments in the form of the Encroachment Easement attached hereto as Exhtbit A. 25. As-Built Drawines. Owner shall submit as-built drawings for all site improvements constructed by Owner within any City right-of--way to the City within 180 days from the date the last certificate of occupancy is issued by the City related to the Project. Such drawing shall be submitted both in the forrrl of 24"x 36" mylaz sheets stamped and sealed by a Colorado professional surveyor (PLS) as well as in electronic form. 26. Development Timintt The Owner shall obtain a certificate of occupancy on all of the lodge component of the development prior to obtaining a certificate of occupancy on any of the residential units within the development. F. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER. In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner romedy the alleged non- compliance within such reasonable times as the City Council may detemtine, but not less than thirty (30) days. If City Council determines that the Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of ouch order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to deterrrline anyone or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or 10 I.LLLL,062POOTPUD Applie>tW~Afl,ua.Msadu Subdivitien PUD Apeemeu07.Ot.o6Aoe I IIIII I"If „IIII III IIIIIII~~I~~IIIIIIII~11~1 IIII„1 074 GS4S~;4 CE K WS CpUDILL PITKIN COUNTY Co 26/2006 11.331 R 121.00 D 0.00 (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance that is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedwes normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as maybe appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants ouch action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. in addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not uweasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s), which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. G. GENERAL PROVISIONS. 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Agreement shall be subject to and construed in accordance with the taws of the State of Colorado. 3. If any of the provisions of this Agreement oz any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 11 nuu.oall~oorrw nvcsariomF~n.n.mc~~~ s~ ew n~m~T.m.os ax ~. W 5. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Agreement by all parties thereto, City agrees to approve and execute the Partial Aliey Vacation Plat and Subdivision Plat for the Project and any other Final PUD Documents as maybe necessary, and to accept the same for recordation in the Office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN Ciry Manager 130 S, Galena Street Aspen, CO 81611 LIMELITE REDEVELOPMENT, LLC and LIMELTTE INC. c/o Limelite Lodge 2228 East Cooper Avenue Aspen, CO 81611 Attention: Dale Paas and Sue Woolery With copies to: Gerald M. Biehl General Management Real Estate 1201 Galapago Street, #101 Denver, CO 80204 iw~tu~meM~w~ 526848 Page: 12 of 24 07/26/2006 11:e31 ee o e.ae Steven Szymanski Szymanski Development Partners, Inc. 2506 West Main Sheet Littleton, Colorado 80120 Cage Williams Abelman & Layden, P.C. Attention Les J. Roos 1433 17s' Street Denver, CO 80202 8, The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the land underlying the Project and any and all 12 I:LLLL-063)`DOTPUD ApplkauenffiwlLimelilht subdlW(oo PUD AjrterteoW7.03.06.dae ~•. ~. , Owners thereof, [heir successors, grantees or assigns, end fbrther shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ~IIIIIII~IIII~II)~IIIIII~II~II~I~IIIIIIIII~I~~IIII 5n68e 8f 3i4sa~ JRNICE K VOS CRUDILL VITKIN CWNTY CO R 321.00 D 0.00 13 r^ ~... CITY: CITY OF ASPEN, a municipal colgOr FORM: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) ..~ ,~ The foregoing instrument was acknowledged before me this~-fltlay of'.f~, 2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the Ity of Aspen, Colorado, a mlmicipal corporation. Witness my hand and official seal. _ ary Public My Commission Expires:~(,~-_ PLOD f". JACKIE LpTHIAF! Ilnl VIII IIIIII IIII IINII IIII IIIIIII III IIII III III 079 s s 0 8 f 314531 JRNICE K VOS CMIDILL PITKIN COUNTY CO R 321.00 D 0.00 14 1:1L1L-06271002WUD ADPlkaligiV'inNlimnlialN Subdirlsbn PUD Apeenem07.o7.06.dot ~> ~~ Encroachment Easement ENCROACHMENT EASEMENT THIS ENCROACHMENT EASEMENT is made and entered into effective as of the _ day of _ , 2t)t)G, by and between the CTI'Y OP ASPEN, COLORADO, a Colorado municipal corporation ("Cit}~') and LI1vIELffE, INC., a Colorado corporation, and LIIvtELiTE REDEVELOPMENT LLC, a Colorado limited liability company, whose address is 2228 East Cooper Avenue, Aspen, Colorado 81611 (collectively "Limelite"). WfI'NESSETH: WHEREAS, Limelite is constructing amixed-use development within the City known as Limelight LodgdPUD (the "Project"); and WHEREAS, as part of development of the Project, it is acknowledged by the parties that it shalt be necessary for Limelite to construct and install certain improvements on, over and undo certain rights-of--way owned, controlled and operated by the City (the "City ROWS"), which City ROWS aze shown more fully on Exblblt A attached hereto and incorporated herein by reference; and WHEREAS, the City agrees to allow Limelite to construct and install certain improvements on, over and under the City ROWS (the "Allowed Encroachments") in those locations specifically set forth on Exhibit A, subject to certain conditions; and WHEREAS,'the City has the power and authority to grant encroachment easements. NOW, THEREFORE, in consideration or the mutual agreement hereinafter contained, the City and Limelite covenant and agree as follows: 1. Grant of Easement. The City hereby grants Limelite anon-exclusive easement to occupy, maintain and utilize the City ROWS for the Allowed Encroachments, which are generally described as portions of the roofline, entrance canopies, trellises, and an exterior staircase of the residential units that will encroach onto South Aspen Street, East Cooper Avenue, Nast Hyman Avenue, and South Monazch Street as more particularly depicted on Exhibit A, far the purposes described herein. The term of this easement shall commence on the date of the first building permit issued to Limelite in connection with the Project and shall continue and be irrevocable unfit demolition of the building containing Ute residential units. This easement shall be subordinate to the right of the City to use the surface area of the City Property for any pre-existing, authorized purposes. Until demolition of the building containing the residential units, the City shall not remove or interfere with the Allowed Encroachments or take any action whatsoever to disturb, preclude, interfere with or cause the removal of the same from the City. I IIIIIIII~II~~IIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII) 0 fl6S9oa72453t .... ~./ 2. Use of Ciri ROWS. Limelite shall have the right to occupy, maintain and utilize those azeas of the City ROWS shown on Exhibit A for the Allowed Encroachments, which Allowed Encroachments shall consist of surface and overhang building improvements. 3. Maintenance. Limelite shall be responsible for the maintenance and repair of all azeas of encroachment upon the City ROWa, together with all improvements constrttcted therein, which the City, in the exercise of its discretion, sfiall determine to be necessary to keep the same in a safe and clean condition. 4. 'ts. Limelite shall obtain from the City al! necessary and appropriate permits related to construction and installation of any of the Allowed Encroachments within the City ROWs. 5, ce. At all times during the tettn hereof, Limelite shall maintain general liability insurance for any loss, claim or damages arising from or connected with Limeli[e's use of the City ROWS and shall famish the City with a certificate of insurance evidencing such insurance coverage upon demand. 6. Indemnification. Limelite shall save, defend and hold the City harmless against any and all claims for damages, costs and expenses, to persons or property that may aiise out of, or be occasioned by the use, occupancy anti maintenance of the City ROWS by Limelite, or from any act or omission of any representative, agent, customer and/or employee of Limelite, except for claims that may arise out of, or be occasioned by the negligent or intentional act of any representative, agent or employee of the City. 7. j~gn-Exclusivity of Easement. Except as otherwise prohibited or agreed to by and between the parties, nothing herein shall be conatmed so as to prevent the City from granting such additional licenses or property interests in or affecting the City ROWS as it deems necessary, provided, however, such additional licenses or property interests do not impair or materially interfere with the rights and benefits granted to Limelite in this Agreement. 8. ~it~dinR Effect: Assi~mtent. The conditions set forth herein shall constitute covenants conning with the land, and binding upon and inuring to the benefit of Limelite, its successors and assigns, In addition to the assignment rights provided in the foregoing sentence, the parties hereby agree and acknowledge that Limelite's rights hereunder may be collaterally assigned by Limelite to a mortgage lender. 9. Attomevs' Fees. h1 any legal action to enforce the provisions of this Agreement, the substantially prevailing patty shall be awarded its reasonable attorney's fees and costs. IN WITNESS WIiEREOF, the parties have executed this Agreement on the day and yeaz first above written. [SIGNAT'URES ON FOLLOWING PAGE] IIIIIIIEIIIIIIIIIIIIII~IIIII~IIII~IIIIIIIIIIIIIIIIINIIIi 5968480ti4sa~ .-~ ~. , [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1111111 VIII IIGII IIII VIII) IIII „IIW III VIII, IR III 0 ?680086f 134531 JRNICE K VOS CRUDILL PITKIN COIMTY CO R 121.00 D 0.00 ~^^ i ~. CITY OF ASPEN, COLORADO, STATE OF COLORADO ) ss. COUNfY OF PITKIN ) The foregoing instrument was acknowledged before me [his ~~ay of _ / ,, -, , 2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of-'th'ee Cit of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My Conunission Expires:~~~ otary Pub is -~O~(A 1;pGB u, t tngCrpF ~c~ ~~ `,'•. • , •.. ;: ............ - . ,y cct.~ ~::=~ I IIIIII ~Illf ~IIII~ III IIII~ I~IItI~I I~ %~ IIIIIII ~! II~~ 0 26~ 00a~r114531 APPROVED AS TO FORM: mey ,.-. ~. ~~~: ENCROACHMENT AREAS, NORTH PARCEL A PARCEL OF lANO SftUATED IN BLOCX 78, CITY ANO TOWNSITE OF ASPEN, W SEC710N3 T AND 18, TOWNSHIP 10 SOtlI'FI, LUNGE 84 WEST AND IN SECTIONS 12 AND f 3, TOWNSHIP id SOUTH, RANGE BS WEST, BOTH OF THE SIXTH P.M., COUNN OF PITION, STATE OF COLOAR00 16~L1~1 ASPA'N STRd'ST saga' Marx of AUkY ~~ RED REC. 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