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HomeMy WebLinkAboutagenda.council.regular.20100927CITY COUNCIL AGENDA September 27, 2010 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances a) Proclamation Affordable Housing b) Janice Vos Caudill — Election Information c) ICLEI Award IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #77, 2010 — Burlingame II Implementation Contracts -Architect, Program Manager, Contractor at -risk; Engineer b) Minutes — August 4; September 13, 2010 VII. First Reading of Ordinances Vill. Public Hearings a) Ordinance #17, 2010 —Code Amendment Signs b) Resolution #78, 2010 - Extension of Vested Rights — Dancing Bear X. Action Items XI. Executive Session XII. Adjournment Next Regular Meeting October 12, 2010 COUNCIL'S ADOPTED GUIDELINES ✓ Stick to top priorities ✓ Foster a safe, supportive, innovative environment that encourages creativity and acceptable risk - taking ✓ Create structure and allow adequate time & resources for citizen processes. Demonstrate and invite arfivo lichcninn COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. �J Pick Of The Week Anna Beck Designs I'm to love and it's with affordable, qualiq, jewelry'... L.A.-based Anna Beck Designs has created a bold and so- phisticated line of statement baubles that will undoubtai make an entrance. Anna Beck Designs are available at Bettina Duncan at Fred Segal Santa Monica or online at www.annabeckdesigns.com. Anna Zegna (left) and actor Tad Danson. The exhibition showcased pieces that were far - in" on display at the Temple Deign Muse- um in Milan. Carotin represented Oceans, an organizaten work- ing to protect marine hebtae, �INIH41A0UMDTOI�M • Paley Center Presents An inee Dave Kez hosts. Pianist Evening With Tony Orlando lean -Yves Thibaudet will play The L.A. Master onto celebrates the 1011, anniversary Thc Paley Curter for Media Gershwin's Rhapsody In Bloc with maestro Grant Gershon at presents "PalevAfterDark: An with the 601 YMF Debut its season opening concert on Evening with Tony. Orlani Orchestra. Songs hem The Sunday at 7 p.m., in The Walt Sept. 29 at 7 p.m. Phantdin OIThe Opera will be Disney Concert Hall. Admission is $15 for meri performed by Lisa Vroman Concert tickets range from bers, $20 for general public or while other performers include $19 to $124. Student rush $75 for program plus recep- 13-year old violin prodigy Si- seats are $10 and available at lion. For information, visit none Porter, and Enmy-nomi- the box office two hours before rated composer/ conductor the performance. For tickets rpaleycenterorg. fundraiser To Benefit men Newman. and information, call 213-972- Star fight Children's Foundation For ticket information, call 7282, or visit wwwfamcorg. Pioneer Hardware, 315 N. 310-859-7668 or go to the • Boys & Girls Clubs' Heroes Crescent Dr., hoses a fundraiser website: wwseymLorg. Oct. 2 (9 a.m. to 5 p.m.) to • Break The World Record & High Hopes Dinner The Boys & Girls Clubs of benefit Starlight Children's With Will Ferrell America's 2010 Heroes & High Foundation. loin Will Ferrell and 1,500 Hopes Dinner honoring Earvin Pioneer will donate 10 per- of his closest costumed super- "Magic" Johnson at )W Mar- ten, of all sales to benefit serf- hero friends as they attempt to riott Los Angeles at L.A. Live ously ill children and their tam- make heroic history and claim takes place Oct. 21. Mario illcs. For information about the Guinness World Records ti- Lopez of Extra will emcee Starlight Children's Foundation, tle for the largest gathering of while Eric Shanks, president of visit starlighl.org. Call 310- superheroes on Oct, 2. down- FOX Sports, chairs the event. 276-1167 for details. town at L.A. Live (777 Chick Reception begins at 6 p.m. Young Musicians Founda- Hearn Cf.) from 8-10 a.m. with the dinner to follow at 7 Bon Gala 50 For Oct- 8 To qualify for the record at- p.m. Tickets are $500. For n- L.A. Philharmonic Presi- tempt, interested participants formation, call 310-201-5033 dent/CEO Deborah Borda and must arrive dressed as an easily or visit the webeite at herce- Wells Fargo will be honored for recognizable superhero from a sandfoghhopes.beca.org. contributions to the arts and to published book, comic, TV • Terry Kelhawk Book Launch youth programs a[ the 56[h pprogram cur film, as stipulated Blond hair, blue eyed Tcrry Young Musicians Foundation by the record guidelines. Kelharvk has been helmed as gala on Friday. Oct. 8, at The LA. Master Chorale Concert the new Salman Rushdie. loin Beverly Hilton. Grammy-nom- season Opens Sunday her she launches her new nov- el The Ton i Secret Sept 28 Candys Sell World's Most Expensive Home from 7-9 p.m. .limn ics in By Adam Popeacu British real estate moguls Christian and Nick Candy have The Beverly Hilton RSVP requested. Send to sold the most expensive home In the world- The Candy brothers, who for a brief period owned the for- jiubi adicmnline.com. • Holiday Deals At The Hilton met Robmsons-May building at 99W Wilshire, sold the 17,501 The holiday season is upon square foot La Belle Epoque penthouse in Monaco for a report- no it 99 million, approximately 5311 million USD. as and there is no better fine to begin planning your celebration The two story penthouse overlooks Monte Carlo's marina, at The Beverly Hilton. and is full of amenities including a library, billiards. spa, Jacuzzi, Enjoy savings on holiday infinity pool, panic room and an extensive media om. The Candroy brothers initially bought the property br f10 events tom has,26-Dec. 30. Receive 20 percent off two and million. In a recent interview, Christian Candy revealed they beverage, 25 percent off best spent E26 million on the property. Their profit in the deal is available room rates and a 10 rho ,ht to be £190 million, or a little under $300 million. e property s last owner Edmond Sala was killed in a 1999 fire allege, ly started lit' his intoner caretaker, Ted Maher, a pareent discount on audisivisu- al. For further information, call department 310- former U.S. Green Beret medical auxiliary. Maher confessed to the catering at starting the tire, which also killed another horse. 27<7777exi 1401 Have a •Happeniri Email British media have reported that the new property owner is apea/ndy®Mcaurienrnm. thought to be an Arab sheik. CELEBRATION OF NOPE-The Friends of Tapulanga. Inc. held Bs annual fundraiser •Celebraaon of Hope" at the Beverly Hills City Hall's Municipal Gallery wiN a cocktail and dance party. This is a sat(c)(3) norri iI which provides educational, healthcare and micro -credit assistance to poor famAies from the Philippines. For more information, visit w oxlorpum,a.org. Planned (from aft): Len Governor, Catherine Khan, Teresa Marino, Lyza Comma, Ina Tongson, Janke Factors, Geri Yub, Motu Juan. Joy Hed and Agnes Clemente. Diane annual Balluncheon eue uamanvnm au at�Me Toronto Intema6onal Film Ferri More l . More Pecos in George GhnsryS cdumn on Pages 6 and 7, by Rosemary Gold City Council Says 'No' To Expansion Of Free Parking By Adam PoPescu two hour free parking. Concerns At a special meeting Tues- over budget shortfalls, revenue day, the Beverly Hills City and operational impacts swayed Council considered and de- the Council, rejecting stall rec- clined to move forward on a ommendation that would have Proposal to further expand t mlacedfea City espoilot. ballot erations Chao Lynn Sato. 11 ua measure passes, the total deficit is estimated at $3.5 million. City Treasurer Elliot Finkel a� FNO Brings 'Historic Traffic' To Bit By Brenton Garen Rodeo Drive recorded "his- toric traffic' as it closed down last Friday night for Fashion's George Christy, Night out, the global shopping pagsu (r7 phenomenon held simultane- Stars Arrvied By dusty around the world in cities The Planeloads For The Annual such as New York, London, Toronto International Film Paris and Sydney. The night generated more Festival. than $115,000 in sales for the EMMeltmn Citys 80 participating stores in the Golden Triangle, according Baba Pressman lte�.,"N) ABO MORE BHUSD Gets New Trial Any. By Arnamla PoIM Beverly Hills Unified School bw S,,ked to assist the district tthe Strategic Concepts) litigati District has hired a new trial at- mmey in for a legal though we have not been form ly retained; said Madison a preparation battle with strategic Concepts, co-c�a om ha tried miael T. tore tl LLC. Steven G. Madison of Quinn 70 cases to verdict. He has reF Emanuel Urquhan & Sullivan, LLP will defend the district in the D co.pan theyo Macd n orf s LosAngeles, ttrict $16 million lawsuit trial. 'I can confirm that we have t.Tlaat. wawa) API Scores Out: Growth for Some, Decline At Beyeriy mane Index (API) scores lagged far behind our socio-economic peers in 5outhem California. The Districts some dropped to a meager 871, while the San Marino Unified School District, with a much smaller budget pe, student, again topped all districts in Califomia at 949. Completing the top ten are La Canada at 933, Manhattan Beach at 926, Pied- mont City and Palo Alto with 925, Arcadia with 922, San Ra- mon Valley, Oak Park and Irvine at 916, Palos Verdes at 912, and South Pasadena with 911. Be vedy Hills USO as a "ba- sic aid" district, is one of the Noah Furie Decides Not To Run For City Council Seat By Adam Popescas "on. The race for City Council lust Furie's term on the Planning got a little thinner. On Sept 16, Commission ends in December. Noah Furie decided he will not "Al the present moment I do run in the upcoming March 2011 not feel l can devote the time and ceded live u to my. une is the co-founder and of Budget Finance ComPa- energy n to P high standards of public service and still have the necessary time for my business and my family," Furie wrote in a letter to The Courfer. Although Furie is putting his leis political career on hold, he future options open, adding 1am certainly not closing the door to public service." 20 BEVERLY HILLS COURIER SEPTEMBER 17 7010 MOVIE "He left behind a reasur Icarurwdaaa wpao trove of documents, original screen plays, correspondent tence of the studio. and photographs," Harrington She said it included glamor said. portraits, production stills, "we have sets and cos shots of directors at work be- comes, a Id of interesting three hind the scenes, cast portraits, dimension material which al - art that was shot for movie Tows a really interesting minter - posters. pretation of the relationship be - "There's a huge range and tween his complicated person - it's all the most famous suits al and his artistic output in the and the biggest movies that movies that he made." came out of Warner Brothers," The exhibit, which run Harrington said. until Dec. 12, can be found at In the Academy's fourth- 8949 Wilshire Blvd. Floor gallery is it other exhibit Hours are Tuesday through 9ngmar Bergman: Truth and Friday from 10 a.m. to 5 p.m. Lies." and weekends from noon in It is a biographical show- p.m. case of the Swedish director Find more details at Cis_ who died in 2007. camorg. PRISON Icu#nea nvm cage q toreey Thomas F.O'Brien said at the time of Zaman's April re 2008 arst. de 'We welcome legitimate stu- nt who want to take .&an- m9c of educational opporl ties in America' he said. "We do not welcome individuals posing as student who have no intention of studying and who simply want to gain access to this country." Federal prosecutors said Zaman collected payments from Uzbekistan and Latvian so nationals, and that me of the bogus students were presti- tutus. Records indicated the schools had 1,000 students in 2008, "a number that far ex- ceeded their physical cotppaacfty was s net supported by io. vestigators' observations of people actually attending class- -,' according to a statement from U.S. Immigration and Customs Enforcement, Along with the federal prison term and fine, U.S. Dis hict Judge Dale S, Fischer or- dered Zeman to serve three years of supervised release after he get out of prison, Assistant U.S. Attorney Dennise Willett said. The Best Read Newspaper in Beverly Hills BEVERLY HILLS• BEL AIR "HOLM13Y HILLS e TRIAL class action litigation, domestic under the district's $334 mil- I<muweu M1an sage l7 and international arbitration lion Measure F bond and Sheriff of Los Angeles County, and mediation, government contracts litigation, real estate helmedby former BHUSDcon- sultans Karen Christiansen, of - the Los Angeles City Attorney, Los Angeles City Councromm- litigation and securities litiga- Lion. leges loss of payment and on. bers police commissioners and Madison has also served as warranted injury after it con- tract was revoked. BHUSD has Chiefs of police, and special. Assistant United States Attorney countersued Strategic Concept izes in the areas of civil and for the Consist District of Cali- for E4 million. criminal investigations and liti- forma, Assistant Division Chief The matter is currently gation. According to the firm's of Criminal Division and as an adjunct professor at USC. scheduled to go to trial Oct. 19, however a continuance is be- website, Madison's practice at- Strategic Concepts riled the ing sought. ere are white collar defense and internal investigations, ap $16 million lawsuit against the district in Aug. 2009. The coin- BHUSD is expected to agendize Madison's contract at pellate practice, banking and financial institution litigation, parry, which was tasked with managing muctural the Sept, 28 Board of Education all projects meeting. FNO was lust wonderful; Bluni for people who've never been fcaaesekonw9e t) that said. into Chopard to have the op - to the Rodeo Drive Committee. Asked about the event re- portunity, to come inside, ask us Rides on a Fenis Wheel on the 200 block of Rodeo Drive turning next year to Beverly Hills, Blumenthal answered `t about the product, maybe ask about prices, as maybe they've were free for anyone who ppre- mink Chars the goal, for sure." been intimidated to come into sented a receipt from any oWhile fthe exact attendance the store before," Chopard participating stores, The Courier has obtained numbers have nod be finalized, the Rodeo Drive Committee Boutique Regional Director Was Carroll said. figures showing 228 rides were says there was •histodc traffic " Jon Borland, General Man - redeemed, which had an aver- well into the thousands with ager of Salvatore Ferragamo, age total of $502. Many more till' and prirme par king lots at said it was great FNO had ex. people shopped but did not capacity in tM Wlden Triangle panded to the West Coast. ride the Ferris Wheel. for most is the night °People are in the sore One jewelry store reported FNO, orchestrated by buying and looking at the $22,000 in sales during the Vogue and the Caudal of Fash- newest in fashion and it's very event which went from 6 — 10 p.m. 1 ' Designers of America, launched last year in New York exciting," Borland said. Meanwhile, Saks Fifth As - Rodeo Drive Committee President Tom Blumenthal said City' but expanded globally this year to about a dozen coon- enue Vice president John Cruz said the Wilshire Blvd store was the night was an aeerwhelming toes' thrilled as crowds Backed into success far beyond what mein- The Courier visited marry the store. bens had anticipated. Beverly Hills stores during the "The street are full, the "Every store I spoke to wait night who raved about the stores are full and we can't be - very pleased with the turnout, event. lieve the excitement in the sales, the buzz and the vibe "It gives us an opportunity whole city" Cruz said, REAL ESTATE save lxiwr hooRan. Cnmr,ohe Iagc ievemmss. beapd«depeau upm expo- OPBH F11° 1p du wig t• taxis queer- The odY boyeez atnarted to o eALToR Tend seam of pommou WY- gnporn. For Sale By �. Own e " are arcs who watts m An ad and a yard si r art M save tln sere coomissirn emagh m creed, door ex Not sultan do! Yrn vn aura. white a M chose rot represent Yourself We' advertising spend this eompeuuvc t you $en ins a d slege l rand dole d m ix but if maim case you. mac q slim: Can a sell and tignm f sc mly ¢mach R e meassr dim a begun u your hunts, widmut do seem so fl raft of and one-hown.ied tat 1lIe,ml by what you swain of a pohessig, a son will yield mo and one Yd WY. but by whu Ym ga. mud a xyo _ 1, The l 1 sign wi0 yield even less. male -he mIXavert, axxxxx neo ru -ed of begsdle So whwd«s Nc Oov's shale xx,xxx next question of wMrhrr it bOf ear? 1. N buyer.. come For your basting, setting, mak,s acvsc to do so. ham? ux r real estare one, sam sate tied fnrecloe dry rs an fmm cmp,mdng dureneeds,ptease cob me Out, —terse, ,hat igkrs bmkcrs and agenrs. Jr., logi- at 3I0-980-8495. lib M w msotavn the highest cal, ckwz saiaus buy ers sees, happy to share my price poscibla. Otherwise, th, inastat« of agents wbo knowledge and espesfise mourned. a sold to the not march y be save nng their sad1� will you at no case or g moagodney by obligation. you Pleme Roos Watwoud MUM, Mettatid Park ishkddmbdtimlrhomwering high-rises Ara tire busy wdshk, Badevad; yen mild evsiH dent, right pots the lard; with- mt even rvdimg a wed there. Ya A his any onnc9' rea-UCiA,yav will find the renal testing pleas of more of the most (amass mots in Hdly'ved, irskill Maily, M., Dome Rail, Do. Martin, Natatic Wood, Roy Oft.,Carter or.., fxk lersome. Walter Mail=, Dal Bonds, Edmc Alhn, Peggy Ina, Md Taex, GmLg C. Seed, Burt Larmsrer, Eve An1rn, Cal Wilson, Eva Gabor ad Tnman Ci p x,. Contact Henry Kelemen, Refereed Real Rataa (310) 966-090p or ema8 rah henry®kelemarrexlestutezom for possibly the last resale crypt loaned in the prime Ima- um adjaa , a T. Creole, The S Ikr is acapung oRers fimt qualified buyers, Tema are B BEVERLY HILLS COURIER SEPTEMBER 10, 2010 The &A Read Newspaper in Beverly Hilts BEVERLY HILLS • BEL AIR • HOUKEly HILLS FASHION' S NIGHT OUT **** THE BEVERLY MUSCOUPIER **** Spend, Spend, Spend At Fashion's Night Out ` By Amanda Peabody F a s h- Night Ni 6h tea' Celebrity appearances, late ion6 night shopping, gourmet food Out is truly ticksis. this just another a global night n Beverly Hillsh global al event. Fif- r^'fy cot •f; � I Eashfon4 Night dOut,to the global teen n$ In- {v initiative created to boom the editions in- :y}I =`• sit•, :4i retail economy and put the fun c I u d i n g back in shopping. Australia, Orchemmed by Vogue ad Bri l a i n, the Council of Fashion Design- Germany, q `t ,,, of America, the one night France, event, held tonight, will feature G r e e c e, •s%i iii Maine than 80 in-store events haly and yt s teVsl - along Rodeo Drive and lapan will 4 throughout Beverly Hills. Ex- lead the peel to find Dis, an installa- way as the [fans, product launches, chain. w o r l d r 4 table shopping incentives, moos fash- - complimentary services such ion for - as manicures, free gifts and ward much more. Since imenlary ripe an the Ian-ataY Rad00 Drive fortis wheel The centerpiece of the this is Los FASNON,S NIGHT OUT SHOPPIN PING oRAVAAGGAtNR� me nj y Is comimstf's purchases from eM oeMe paticipating sloes. event will be a burto fortis Angeles, x- from 6-10 p.m. tonight when you pre Y P whoel grounded on the 200 ter all, ex- Carie Ann Inaba and Rain in providerh,cl.Noma, adjacent tonight For more information block of Rodeo Drive. Compli- peel no shortage of celebrities. Phoedx as they play host at to the feats wheel. Play along anPli cog Stoeteres, listing of p sit I Lary rides will be offered Coning out for the evening are boutiques across the City. with celebrities and top fashion tivw.rlodeodrlverbb.com. v with receipt of purchase from stars like Samuel L. Jackson, The night will also include stylists. arty of the participating retail- Rose McGowan, Kelly Os- a lift size "Fashfon Rules" triv. Fashion's Night Out will ers bourne. Katharine McPhee, fa game, hosted by Internet ra- take place from 6-10 p.m. Beverly Hills' Fashion's Night Out Participating Retagiilers • Anne Fontaine VOU to view the new Brooks Champagne and French fo�mIIM Ch�mPgne rgcepnon. •Sam to h of highly anticipat- Pose Fontaine i candid portal[ Brothers Fleece Collection for ma�onns Z na Beverage service for after- ed w be • originally designed to be featured on the website children. Live music, foil, rlagi eg f hours preview 0 p Col- as the moss fashionable person wine and tarn card readings. the Cocktails new Centennial and Fa lectionShot d Yosemite, a Fall lames 19701. a Ferrzgamo in the a[ FNO. Grad prize winner m- • Cham, performance brand. • Stuart Weitzman ceives a wardrobe valued at Opportunity to receive a 2010 Made-ro-Measure fob- Persepe Cocktails, light bites and $1,800. Sis gnaw for the run- manicure featuring limited edi- ria. Cakfails. • Jimmy y �ive fare, ial the new Fall Collection. Gift net ups an a gift with put- lion shades, Les Khakis de • �I lal installation of the giveaways and diswver a tat -With purchase (while supplies chase for all. Chanel, exclusivel)� creatod by Spec' • Anthropologie peter Philips, global creative Fall/Winter 2010 campaign est AutumnANinter 2010 Col- $300 gift card. once to win a Cocktail party with Anthro- director of Chanel Makeup. shot by Karl Lagerfeld. Limited , hadil . Tdfarry 8 Ca. ed pologie and AG leans featuring • Chopard edition, numbered self ned ppbbooyyrtait • la Piet Lin eiber yellow the fall denim looks from 6-9 p.m. Mille Miglia spore watches a d himselfof of Karl , forhot a Salend .g Launch�of tom Pna�polbh mlucha-ups and lookt. s ll� reang beWelryy, in - Belly li- Champagne and raffle. new 150th anniversary jewelry Crazy' Carats timepiece collet- crystal Pre h coor novelty aparrty tresign eat,, cIuding the with eWest nCoaast haunch Preview of Bally and Cenral collections. Champagne and lion. VS Rodeo and a boat, of the limited ed'- of the new Tff by Yellow Dia- SaintMartin'sshcecolledion. aoftee. mood collection. • BCBGMAXAZg1A • Christolphe Silver Genaemen's lounge with Lion nail polish. • Tod', First $0 guests will receive Chngofle limited edition selections of Scotch, beer, and • luxe Howl Rodeo Drive exdusfvc Runway Survival Kits, rote with too percent of pro- has d'ouevres while viewing Get 'Kissed' at Me Love version of Unveiling of a limited di - featuring must -have BCBG- coeds benefitting Aviva Family the extensive collection of Rodin DriveHotelnels$pecssablc win &Bag, said TexcluShmly MAXAZRIA accessories and and Children's Services. Ten Rolex and Patek Philippe lime- cooccktails and fashionable bites. duringgFFNN T d's Beverly the new - beauty essentials. Opportunity Percent of END evening sales Pi Dios oArmani • MAXMARA Y g nedto win a fall handbag. Cham- also Aviva. Giorgi Hill, - s proceed S will benefit Acclaimed actor Samuel L. Champagne. Gift with Hills "home'; a portion of e pagne' • L.A: based artist Louise Jackson hosts an exhibition of qualifying purchase of $1,000 H P Bed Coaling Cares (ated Breast Can - Drop by for music ad a Chem will create completelyy his favorite red carpet looks or more. cer Research. sparkling "toast'. Shop (or your customized and off the cuff and discusses his Armanj ' �C II'ora h .,list Masako • Two Rodeo In will demonstrate magnif- Live entertainment and best 'Bete look^ and have creations using Coach's limited odyssey with fashion expM, ¢enl .1 de o ratecalligraphy- Is luxury silent auction. Proceeds your photo Snapped and post- edition ENO tote as her canvas Steven Cojowru. kY° ed on 8ebeFacebook page. from fi-9 p.m. Cocktails and •Guess VIP offers and with a purchase hors d'oeuvres. Carnival themod evening Shoppers will be given person- will ort for lifesaving amedicalCI of $150 or more rttcrve a • Damiani of shopping, sip ing and aliz,d masterpie.'s as a me- support for Daisy Love M,r- mini-makeovers by pNYX cos- • Mlssoni local girl heroically battling "glom bag" (While supplies Pniarri and cookies. ,wits. Enjoy D7 beats and menW of this spttfal occasion. rick, girl h roi ley balm, a land. • David Orgell •Boaega Veneta Showcase of one -of -kind m,,ics, Modeling of Guess and Special limit edition .ante. Cockails and special pre- watches and jewelry pieces. Guess by Marciano Fall Collet- P evoewof hags S. or purchase. elleeggri eo • VaAen evening in Monte Car- IaunchreleaseofthenewBnck •Dole,&Gabbam Bons. $.,kiln Wawes exclusive to. Ante up at the Casino for an handbag.100 handbags will be Cockails in celebration of Harry What -other' 4cutP g Rocksfud handbag before it hiss sold in cities worldwide cell fashion and the Fall 2010 col- C's_Echamp the chocolates, signedtmby M,,toil specially de- opportunity d cam the new braling ENO. Portion of pro- lectlon. Emporia Armani •,,rats^ and catalogues. • NO.- Me—s ,,,oral stores this fall. teed, donated to V-Day, a • Fashion shows, p For a complete list of global movement to stop 110- Star Dls Super Mash Bros. • Hermes Scarf -tying Paris lento against women and girls. spin an explosive set of music b Hermes uad specialists. makeupntconsuhatbns.h and gores, visit www.radeodrive- • BrooW n. Brasher, and video mashuPs. From day to evening the styles more. A stilt walker will welcomo Es" BEVERLY HILLS • BEL AIR • HOLMBY HILLS Tim Best R"W Newspaper in Bm erly Hill, BEVERLY HILLS COURIER SEPTEMBER 10 7D1D 9 - - 6:00 P.M. - t10:00 P.M. lOJoin us to celebrate fashion like never before, with eighty in-store events, Ferris Wheel rides* Gourmet Food Trucks, and a life size Fashion Rules- game with celebrity contestants. Participating Stores ANNE FONTAINE ANTHROPOLOGIE AVAKIAN GENEVE BARACCI SALLY BCSGMAJfAZRIA BEBE BEVERLY WILSHIRE, BLVD BOTTEGA VENETA BROOKS BROTHERS BUCCELLATI BURBERRY CEZUA CHANEL CHOPARD CHRISTIAN DIOR CHRISTOFLE SILVER COACH DAMIANI DAVANTE DAVID ORGEU DAVID YURMAN DOLCE & GABBANA EMPORIO ARMANI EKES ERMENEGiLDO ZEGNA ETRO FENDI FRETTE GALERIE MICHAEL GEARYS RODEO GEORGJENSEN GIANFRANCO FERRE GIORGIO ARMANI GUCCI GUESS HARRY WINSTON HERMES OF PARIS JAMES PERSE JIMMY CHOO JUDITH LEIBER JUDITH RIPKA JUICY COUTURE LACOSTE LAUQUE LANA MARKS LLADR68CXMOUE LOUIS VUTTON LUXE HOTEL RODEO DRIVE MAXMARA MICHAEL KORS MIKIMOTO MISSONI MIU MIU MONTBIANC NEIMAN MARCUS PAUL & SHARK PERRIN PARIS 1893 PETER MARCO PORSCHE DESIGN PRADA RALPH LAUREN RIMOWA ROBERTO CAVAW SAKS FIFTH AVENUE SALVATORE FERRAGAMO SARTORIANI USA INC. STUART WEITZMAN TIFFANY & CO. TOD,s TOURBILLON BOUTIQUE TWO RODEO VALENTINO VERTU VICTORIW S SECRET VILEBREOUIN WES11ME WINE VALET AT TWO RODEO WOLFORD YVES SAINT LAURENT iPBEVERLYHILLS COURIER SEPTEMBERt],3010 The Bess Read Newspaper in Beverly Hilh BEVERLY HILLS• BEL AIR• HOLMSY HILLS FASHION' S NIGHT OUT **** THEBEVERLY HILLSCarRjcR **** The Couriees Marcia Flebbs and Mayor Jimmy Dalatad Guess Cbainnan Maurke Marcarw and! Vice Chairman Paul Marciano Damiani's Paul Wyatt. Manager Jennifer Guillou and Vera rveiw�� Ku.r c , Judah Leiber's Lee Marah�b am uenera mas Joyce Mm gay= Heidi Nobian and Ace Armen. Barry Frediani and Barbara Davis Lacoste Managing Director Tess Lombardo Steven Cojocaw Godrie , uhnaun a cl Naanan John MarHtelraise vwrra,,ue.„ J e.. Genera Da'd Orgell Managing Dl anur Kono h Soltani and CEO Ran, Soltani Chopard Regional Director Wes Canoe All Sultan! Alexandra Ella Photos by Courser Staff, Alex Berliner PhotographylBElmages BEVERLY HILLS • BEL AIR • HOLMBY HILLS The Best Bead Newspaper la Beverly Hills BEVERLY HILLS COURIER SEPTEMBER 17 2010 is FASHION' S NIGHT OUT #*** THE BEVERLY HILLSrrm, ##** Frank and Judie Fenton Georg Jensen General Manager Giorgid Artneni s Janice Sales James An. and Bnmo Selluua uearys President and CEO Thongs J. Blumenthal and Manager Darrel Chen, G.G. Prads's Lara Peterson and General Manager Cad Louiaalle Harry Wooden's RaymerM Dominguez and Operations Manager Pia Dahlstan SeNatore FemaganlnS Edwln Joseph and Toke and Christine Olagundoye Bonnie and Stephen Webb Mordblenc Greener Wael El Seadi Saks Filth Avenue V. PraMdent Michael Kers General Manager John Cruz West Coast Collsepon seen uen,e. Lynn Gerioner and Darah, Jacob ark! David Haimovitz Anastasia Sears and Merle Judith Parker -nd Robed Con Ginsburg 12 BEVERLY HILLS COURIER SEPTEMBER 10, 1010 The Best Read Newspoper in Beverly Hi/iv BEVERLY HILLS • BEL AIR • HOLMBY HILLS City Celebrates 90210 Day Chet Art Smith & godson Oliver Pollak Pasquale A. Vericella, owner or Ci VIvvv, -- --•'-- Nick Johnson and Glovanna Giarrabum. Wendie Malick, Jorja Fox and Kaley Cuoco were Executive Chet dames v honored by the Humane Society of the United States. The Peninsula. Natasha Bedingfleld entertained BEVERLY HILLS • BEL AIR • HOLMSY HILLS TAr Besl Read A'exs r ' B "Pape m He HiUr BEVERLY HILLS COURIER SEPTEMBER % 101013 CIO Celebrates 90210 Dav L". Jessica Lowndes of 90210 Brandee Tucker & husband Michael Steger of W21D and True Blood Taylor Armstrong of Housewives Of Beverly Hitls unmes peal and Matt Lanier of 90210 with Kathryn Smith Former mayor; and honorees_ Barry Brucker. Allan Alexander, Chuck Aronson, Nancy Krasn, Vicky Reynolds, Dorma Garber, Les Bronte, Janet Salter, accepting for Mayor Max, with Mayor Delshad Lois & Buzz Aldrin, Barbara Laxaroff Rady Rahban, M.O., and Simin Hashemtradeb of South Pacific Surgery Center, an event sponsor Stephan Tosand and Frania Mandivil, executive Pastry chef at The Beverly Hilton WChCh,..l X & The Courier photos by cerebra, Photo, Brenton Garen, oily Halevy aad Diane Ezra. TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: , fifff, MIT: W r, Mayor and City Council Chris Everson, Affordable Housing Project Manager Scott Miller, Capital Asset Director September 20, 2010 September 27, 2010 Tuc CTW nc Agpw Vla Burlingame Phase II IPD Contract Addenda for Implementation Documents Design Phase REQUEST OF COUNCIL: Staff requests that City Council approve the attached contract addenda to extend the Burlingame Phase II Integrated Project Delivery design effort through the Implementation Documents phase. PREVIOUS COUNCIL ACTION: On February 8, 2010, City Council approved the contract for Owner's Representative, Rider Levett Bucknall, for the Conceptualization, Criteria Design and Detailed Design phases of the Burlingame Phase II Integrated Project Delivery design effort in the amount of $301,400 (Resolution 9 of 2010). On March 8, 2010, City Council approved the contract for Architect, OZ Architecture, for the Conceptualization, Criteria Design and Detailed Design phases of the Burlingame Phase II Integrated Project Delivery design effort in the amount of $814,759 (Resolution 8 of 2010). On March 22, 2010, City Council approved the contract for Contractor at Risk, Haselden Construction, for the Conceptualization, Criteria Design and Detailed Design phases of the Burlingame Phase II Integrated Project Delivery design effort in the amount of $122,174 (Resolution 22 of 2010). On March 22, 2010, City Council approved the contract for Commissioning Agent, Engineering Economics Inc, for the Conceptualization, Criteria Design and Detailed Design phases of the Burlingame Phase II Integrated Project Delivery design effort in the amount of $25,830 (Resolution 23 of 2010). BACKGROUND: At the City Council work session on October 20, 2009, City Council approved funding for the Burlingame Phase II Integrated Project Delivery design effort and directed staff to pursue an RFP process for the same. At that time, Council directed staff to organize the consultant contracts so that they would initially include only the Conceptualization, Criteria Design and Detailed Design phases of the design effort so that the decision could be made later in 2010 to add the Implementation Documents phase of the design effort by contract addendum, rather than encumbering the 150 Fund with the entire balance of the contract sums. Page t of 2 LJ THE CITY OF ASPEN DISCUSSION: At the September 7, 2010 City Council work session, Council confirmed they would support placing the IPD Implementation Documents phase contract amendments on the consent calendar at the next available City Council regular meeting. Staff re -iterated that these contract addenda are consistent with how the contracts were designed and budgeted as per City Council direction during the 2010 budget process and that this is in no way a change order, and that the 2010 design effort is under budget and will provide the opportunity to carry over funding into 2011 for continued design and pre -sales effort. FINANCIALBUDGET IMPACTS: Firm Name Rider Levett Bucknall Approved Contract $301,400 Proposed Contract Addendum $119,750 Contract Total $421,150 OZ Architecture $814,759 $386,357 $1,201,116 Haselden Construction $122,174 $54,925 $177,099 ' Engineering Economics $25,830 $25,240 $51,070 lPD Team Totals $1,264,163 $586,272 $1,850,435 Total 2010 Budget Expenditures`& Encumberances $3,951,880 $1,549,706 Available Balance $2,402,174 Total Contract Addenda $586,272 Resulting Balance $1,815,902 At the September 7, 2010 City Council work session, Council directed staff to pursue a pre -sales program for Burlingame Phase II. Staff anticipates that there will be additional costs associated with the addition of the pre -sales program, but an estimate of those costs is yet to be established since the program is not yet designed in detail. Staff additionally believes that there are sufficient funds available in the resulting balance described in the table above to fund the pre -sales program and still allow for potentially as much as $1.5 million to be carried over to 2011 to continue work and meet Council's intended goals. ENVIRONMENTAL IMPACTS: N/A RECOMMENDED ACTION: Staff recommends that Council approve the described and attached contract addenda. PROPOSED MOTION: Motion to approve CITY MANAGER COMMENTS ATTACHMENTS: Each of the described contract addenda is attached. Page 2 of 2 RESOLUTION # T�— (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND OZ ARCHITECTURE, HASELDEN CONSTRUCTION, RIDER LEVETT AND BUCKNALL, AND ENGINEERING ECONOMICS INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING BURLINGAME RANCH PHASE II IPD CONTRACT ADDENDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and the, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Oz Architecture, Haselden Construction, Rider, Levett, and Bucknall, and Engineering Economics Inc. regarding Burlingame Ranch Phase II IPD contract Addenda for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, September 27, 2010. Kathryn S. Koch, City Clerk Amendment No. 1 To the AIA Document B195-2008 Agreement between Owner and Architect for Integrated Project Delivery for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and OZ Architecture for the Project is amended effective September 27, 2010, as follows: 1. The Architect is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Architect's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Architect's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Architect will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The compensation for the Architect's Services included in the Agreement did not include fees and reimbursable expenses for the Implementation Documents Phase. Section 4.4 of the Agreement is hereby amended to increase the fees and reimbursable expenses paid to the Architect by $386,357, from $814,759 to $1,201,116, for the Implementation Document Phase. The total fees and reimbursable expenses authorized under the Agreement through this Amendment are as follows: Conceptualization $225,525.00 Criteria Design $103,199.00 Detailed Design $411,004.00 Plus reimbursable expenses estimated at $75,031.00 Implementation Documents $344,888.00 Plus reimbursable expenses estimated at $41,469.00 Total $1,201,116.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER City of Aspen Michael C. Ireland, Mayor ARCHITECT OZ2mun, i Amendment No. 1 To the AIA Document B195-2008 Agreement between Owner and Architect for Integrated Project Delivery for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and OZ Architecture for the Project is amended effective September 27, 2010, as follows: 1. The Architect is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Architect's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Architect's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Architect will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The compensation for the Architect's Services included in the Agreement did not include fees and reimbursable expenses for the Implementation Documents Phase. Section 4.4 of the Agreement is hereby amended to increase the fees and reimbursable expenses paid to the Architect by $386,357, from $814,759 to $1,201,116, for the Implementation Document Phase. The total fees and reimbursable expenses authorized under the Agreement through this Amendment are as follows: Conceptualization $225,525.00 Criteria Design $103,199.00 Detailed Design $411,004.00 Plus reimbursable expenses estimated at $75,031.00 Implementation Documents $344,888.00 Plus reimbursable expenses estimated at $41,469.00 Total $1,201,116.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER City of Aspen Michael C. Ireland, Mayor ARCHITECT OZ 237 r )� EMarcTo III i es, Primp Amendment No. 1 To the AIA Document B195-2008 Agreement between Owner and Architect for Integrated Project Delivery for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and OZ Architecture for the Project is amended effective September 27, 2010, as follows: 1. The Architect is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Architect's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Architect's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Architect will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The compensation for the Architect's Services included in the Agreement did not include fees and reimbursable expenses for the Implementation Documents Phase. Section 4.4 of the Agreement is hereby amended to increase the fees and reimbursable expenses paid to the Architect by $386,357, from $814,759 to $1,201,116, for the Implementation Document Phase. The total fees and reimbursable expenses authorized under the Agreement through this Amendment are as follows: Conceptualization $225,525.00 Criteria Design $103,199.00 Detailed Design $411,004.00 Plus reimbursable expenses estimated at $75,031.00 Implementation Documents $344,888.00 Plus reimbursable expenses estimated at $41,469.00 Total $1,201,116.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER ARCHITECT City of Aspen OZ Arc� ct re Michael C. Ireland, Mayor E ardo I anes, Pffttipal Amendment No. 1 To the AIA Document B801 CMa -1992 Agreement between Owner and Construction Manager for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and Construction Manager for the Project is amended effective September 27, 2010, as follows: 1. The Construction Manager is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Construction Manager's Basic Compensation included in this Amendment has not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Construction Manager's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Construction Manager will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase, due to a reduced level of effort during December 2010 and January 2011. 4. The stipulated sums for Basic Compensation included in Basic Services in the Agreement did not include fees and reimbursable expenses for the Implementation Documents Phase. Section 13.2.1 of the Agreement is hereby amended to increase the Basic Compensation paid to the Construction Manager by $119,750, from $301,400 to $421,150, for the Implementation Documents Phase. The total Basic Compensation authorized under the Agreement through this Amendment, and a proposed Invoicing Schedule, are as follows: Fees Expenses Total Previously Approved: February 2010 - August 2010 $194,000.00 $36,770.05 $230,770.05 Proposed: September 2010 $29,000.00 $4,000.00 $33,000.00 October 2010 $29,000.00 $3,000.00 $32,000.00 November 2010 $29,000.00 $3,000.00 $32,000.00 December 2010 $14,000.00 $2,000.00 $16,000.00 January 2011 $14,000.00 $2,000.00 $16,000.00 February 2011 $29,000.00 $4,000.00 $33,000.00 March 2011 $24,000.00 $4,379.95 $28,379.95 Total $421,150.00 5. The Basic Compensation authorized under the Agreement can be used for either fees or reimbursable expenses, and offset between phases of the Work, at the Owner's sole discretion. 2394675 l.doc 6. All other terms and conditions outlined in the Agreement shall remain unchanged. OWNER City of Aspen Michael C. Ireland, Mayor Construction Manager Rider L e Bucknall PetqF Knowles, Executive Vice President 2394675_I.doc Amendment No. 1 To the AIA Document B801 CMa -1992 Agreement between Owner and Construction Manager for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and Construction Manager for the Project is amended effective September 27, 2010, as follows: 1. The Construction Manager is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Construction Manager's Basic Compensation included in this Amendment has not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Construction Manager's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Construction Manager will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase, due to a reduced level of effort during December 2010 and January 2011. 4. The stipulated sums for Basic Compensation included in Basic Services in the Agreement did not include fees and reimbursable expenses for the Implementation Documents Phase. Section 13.2.1 of the Agreement is hereby amended to increase the Basic Compensation paid to the Construction Manager by $119,750, from $301,400 to $421,150, for the Implementation Documents Phase. The total Basic Compensation authorized under the Agreement through this Amendment, and a proposed Invoicing Schedule, are as follows: Fees Expenses Total Previously Approved: February 2010 - August 2010 $194,000.00 $36,770.05 $230,770.05 Proposed: September 2010 $29,000.00 $4,000.00 $33,000.00 October 2010 $29.000.00 $3,000.00 $32,000.00 November 2010 $29,000.00 $3,000.00 $32,000.00 December 2010 $14,000.00 $2,000.00 $16,000.00 January2011 $14,000.00 $2,000.00 $16,000.00 February 2011 $29,000.00 $4,000.00 $33,000.00 March 2011 $24,000.00 $4,379.95 $28,379.95 Total $421,150.00 5. The Basic Compensation authorized under the Agreement can be used for either fees or reimbursable expenses, and offset between phases of the Work, at the Owner's sole discretion. 2394675_Ldoc 6. All other terms and conditions outlined in the Agreement shall remain unchanged. OWNER City of Aspen Michael C. Ireland, Mayor Construction Rider Levett 5 Peter Ynowles, Executive Vice 2394675_I.doc Amendment No. 1 To the AIA Document B801 CMa -1992 Agreement between Owner and Construction Manager for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and Construction Manager for the Project is amended effective September 27, 2010, as follows: 1. The Construction Manager is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Construction Manager's Basic Compensation included in this Amendment has not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Construction Manager's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Construction Manager will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase, due to a reduced level of effort during December 2010 and January 2011. 4. The stipulated sums for Basic Compensation included in Basic Services in the Agreement did not include fees and reimbursable expenses for the Implementation Documents Phase. Section 13.2.1 of the Agreement is hereby amended to increase the Basic Compensation paid to the Construction Manager by $119,750, from $301,400 to $421,150, for the Implementation Documents Phase. The total Basic Compensation authorized under the Agreement through this Amendment, and a proposed Invoicing Schedule, are as follows: Fees Expenses Total Previously Approved: February 2010 - August 2010 $194,000.00 $36,770.05 $230,770.05 Proposed: September 2010 $29,000.00 $4,000.00 $33,000.00 October 2010 $29,000.00 $3,000.00 $32,000.00 November 2010 $29,000.00 $3,000.00 $32,000.00 December 2010 $14,000.00 $2,000.00 $16,000.00 January 2011 $14,000.00 $2,000.00 $16,000.00 February 2011 $29,000.00 $4,000.00 $33.000.00 March 2011 $24,000.00 $4,379.95 $28,379.95 Total $421,150.00 5. The Basic Compensation authorized under the Agreement can be used for either fees or reimbursable expenses, and offset between phases of the Work, at the Owner's sole discretion. 2394675_l.doc 6. All other terms and conditions outlined in the Agreement shall remain unchanged. OWNER Construction Manager City of Aspen Rider Le t ucknall Michael C. Ireland, Mayor Peter knowles, Executive Vice President 2394675_1.doc Amendment No. 1 To the AIA Document A195-2008 Agreement between Owner and Contractor for Integrated Project Delivery for the Burlingame Ranch Phase II Project dated March 22, 2010 The Agreement between Owner and Haselden Construction, LLC, for the Project is amended effective September 27, 2010, as follows: 1. The Contractor is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Contractor's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Contractor's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Contractor will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The Special Terms and Conditions for Integrated Project Delivery incorporated in to the Agreement between Owner and Contractor included a lump sum fee for the Implementation Documents Phase. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. The Contract Sum, including fees and reimbursable expenses for the implementation documents phase, was stated in the Agreement. Thus, the Contract Sum as stated in the Agreement will not be increased by this Amendment. The Implementation Documents Phase requires City Council approval and an Amendment to the Agreement prior to authorization to proceed with this Phase. Implementation Documents Phase Fee: $46,550.00 Estimated Reimbursables: $ 8,375.00 Total : $54,925.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER CONTRACTOR City of Aspen Hp5eldqn Co uction L Michael C. Ireland, Mayor ron elden, President Amendment No. 1 To the AIA Document A195-2008 Agreement between Owner and Contractor for Integrated Project Delivery for the Burlingame Ranch Phase II Project dated March 22, 2010 The Agreement between Owner and Haselden Construction, LLC, for the Project is amended effective September 27, 2010, as follows: 1. The Contractor is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Contractor's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Contractor's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Contractor will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The Special Terms and Conditions for Integrated Project Delivery incorporated in to the Agreement between Owner and Contractor included a lump sum fee for the Implementation Documents Phase. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. The Contract Sum, including fees and reimbursable expenses for the implementation documents phase, was stated in the Agreement. Thus, the Contract Sum as stated in the Agreement will not be increased by this Amendment. The Implementation Documents Phase requires City Council approval and an Amendment to the Agreement prior to authorization to proceed with this Phase. Implementation Documents Phase Fee: $46,550.00 Estimated Reimbursables: $ 8,375.00 Total : $54,925.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER City of Aspen Michael C. Ireland, Mayor CONTRACTOR Ha en Con ructio L yron Has den, President Amendment No. 1 To the AIA Document A195-2008 Agreement between Owner and Contractor for Integrated Project Delivery for the Burlingame Ranch Phase II Project dated March 22, 2010 The Agreement between Owner and Haselden Construction, LLC, for the Project is amended effective September 27, 2010, as follows: 1. The Contractor is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Contractor's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Contractor's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Contractor will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The Special Terms and Conditions for Integrated Project Delivery incorporated in to the Agreement between Owner and Contractor included a lump sum fee for the Implementation Documents Phase. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. The Contract Sum, including fees and reimbursable expenses for the implementation documents phase, was stated in the Agreement. Thus, the Contract Sum as stated in the Agreement will not be increased by this Amendment. The Implementation Documents Phase requires City Council approval and an Amendment to the Agreement prior to authorization to proceed with this Phase. Implementation Documents Phase Fee: $46,550.00 Estimated Reimbursables: $ 8,375.00 Total : $54,925.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER CONTRACTOR City of Aspen Haselden ConsJ 7ction,LLC Michael C. Ireland, Mayor yron Ha den, President Amendment No. 1 To the Agreement for Professional Services — Commissioning Agent between Owner and Professional for the Burlingame Ranch Phase II Project dated March 22, 2010 The Professional Services Agreement between the Owner and E ngineering Economics, Inc. for the Project is amended effective September 27, 2010, as follows: 1. The Professional is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Professional's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Professional's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Professional will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The Agreement for Professional Services —Commissioning Agent between Owner and Professional included a lump sum fee for the Implementation Documents Phase. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. This Implementation Documents Phase requires City Council approval and an Amendment to the Agreement prior to authorization to proceed with this Phase. The contract amount, including fees and reimbursable expenses for the Implementation Documents Phase, was stated in the original Agreement for Professional Services. Thus, this Amendment does not increase the contract amount as stated in the Agreement for Professional Services. Implementation Documents Phase Fees: $24,840.00 Estimated Reimbursables: $400.00 Implementation Docs Addendum: $25,240.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER PROFESSIONAL City of Aspen Engineering Economics Inc. Michael C. Ireland, Mayor arre l Wenger, PFesident Pet V-6ea I Z*P% Amendment No. 1 To the Agreement for Professional Services — Commissioning Agent between Owner and Professional for the Burlingame Ranch Phase II Project dated March 22, 2010 The Professional Services Agreement between the Owner and E ngineering Economics, Inc. for the Project is amended effective September 27, 2010, as follows: 1. The Professional is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Professional's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Professional's fees and reimbursable expenses for com pletion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Professional will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The Agreement for Professional Services —Commissioning Agent between Owner and Professional included a lump sum fee for the Implementation Documents Phase. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. This Implementation Documents Phase requires City Council approval and an Amendment to the Agreement prior to authorization to proceed with this Phase. The contract amount, including fees and reimbursable expenses for the Implementation Documents Phase, was stated in the original Agreement for Professional Services. Thus, this Amendment does not increase the contract amount as stated in the Agreement for Professional S ervices. Implementation Documents Phase Fees: $24,840.00 Estimated Reimbursables: $400.00 Implementation Docs Addendum: $25,240.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER PROFESSIONAL City of Aspen Engineering Economics Inc. Michael C. Ireland, Mayor \JoerdtrWenger, yam Pr; Nc;ift (DA,�-^ Amendment No. 1 To the Agreement for Professional Services — Commissioning Agent between Owner and Professional for the Burlingame Ranch Phase II Project dated March 22. 2010 The Professional Services Agreement between the Owner and E ngineering Economics, Inc. for the Project is amended effective September 27, 2010, as follows: 1. The Professional is authorized to proceed with the Implementation Documents Phase of the Project, as defined in the Agreement, after the date of this Amendment No. 1. 2. The Implementation Documents Phase completion date is extended through approximately March 31, 2011. The Professional's fees and reimbursable expenses included in this Amendment have not been increased, and will not be increased due to the extended completion date for the Implementation Documents Phase. All cost impacts for the Professional's fees and reimbursable expenses for completion of the Implementation Documents Phase are incorporated into this Amendment. 3. The Professional will be required to make approximately two trips per month to Aspen for work related to the Implementation Documents through the completion of the Implementation Documents Phase. 4. The Agreement for Professional Services —Commissioning Agent between Owner and Professional included a lump sum fee for the Implementation Documents Phase. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. This Implementation Documents Phase requires City Council approval and an Amendment to the Agreement prior to authorization to proceed with this Phase. The contract amount, including fees and reimbursable expenses for the Implementation Documents Phase, was stated in the original Agreement for Professional Services. Thus, this Amendment does not increase the contract amount as stated in the Agreement for Professional Services. Implementation Documents Phase Fees: $24,840.00 Estimated Reimbursables: $400.00 Implementation Docs Addendum: $25,240.00 5. All other terms and conditions outlined in the agreement shall remain in effect. OWNER PROFESSIONAL City of Aspen Enginegpinq Economics Inc. Michael C. Ireland, Mayor J ell Wenger, Rsesidemt MEMORANDUM TO: Mayor Ireland and Aspen City Council TRRU: Chris Bendon, Community Development Director FROM: Drew Alexander, Planner PEA RE: Land Use Code Amendments — Ordinance No. 17, Series 2010 — Second Readine Sign Code MEETING DATE: September 27, 2010 SUMMARY: Community Development (ComDev) has created a new version of the City's Sign Code. This amended chapter of the Land Use Code intends to resolve longstanding frustrations that ComDev has experienced when dealing with signs and sign issuance. As mentioned in the previous Staff memo, the two largest amendments are in regards to the signage allotment system and sandwich board signs. Additional amendments have been made throughout the Sign Code with a primary focus on adding simplicity to the chapter, yet retaining fairness and responsibility for those uses that can utilize signage. Amending the language for sandwich board signs has proven to be a challenge. ComDev was given direction by Council to review the language that permits these signs and to return with a number of new options. Staff has spent a great deal of time researching sign codes, speaking with sign designers, and discussing the issue with the community. Instead of including one strategy in the Ordinance (Exhibit B), Staff has created a list of options for Council to review (Exhibit E). These options range from allowing no sandwich board signs to much more relaxed programs that simply involve enforcing the existing code. In addition to Exhibit E, Staff has prepared a PowerPoint to provide visual representations of the options. The Ordinance has certain areas where the font is colored red. This font is not intended to display all amendments, but rather to indicate those areas in the Sign Code that have experienced major additions or significant change. Finally, Staff has two items where Council direction is needed: • What level of enforcement should be applied to sandwich board signs? o Should there be a grace period? • What is the course of action for all the existing signage that may be non -conforming once a new Sign Code is adopted? Staff recommends the Council adopt the proposed code amendments. APPLICANT: City of Aspen PREVIOUS ACTION: The Planning and Zoning Commission approved Resolution No. 10, Series of 2010, recommending approval for the proposed amendments to the Sign Code. Work sessions have been held with CCLC, and ACRA. Community Development has hosted two open houses at City Hall for those interested in the Sign Code draft. REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Planning and Zoning Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. City Council is the final review authority. RECOMMENDATION: Staff recommends the City Council approve the City -initiated amendments to the Sign Code as described in Ordinance 17, Series of 2010. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Ordinance No. 17, Series of 2010." ATTACHMENTS: Exhibit A — Existing text for Sign Code (provided at First Reading) Exhibit B — Proposed text for Sign Code, included in Ordinance No. 17, Series of 2010 Exhibit C — P&Z Resolution No 10, Series of 2010 Exhibit D — Research and meetings summary Exhibit E — Sign Code options guide Page 2 of 2 L-XH1G51 T g ORDINANCE NO. 17 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE: 26.510 WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.510, Sign Code, of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on May 4, 2010, took and considered public testimony and the recommendation of the Director and recommended, by a 6 - 0 vote, City Council adopt the proposed amendments. WHEREAS, during a duly noticed public hearing on August 23, 2010, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1• City of Aspen City Council Ordinance No. 17, Series of 2010 Page 1 Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.510, Sign, which section defines, describes, authorizes, and regulates the process for placing a sign within the City of Aspen to read as follows: Chapter 26.510 SIGNS Sec. 26.510.010 Purpose Sec. 26.510.020 Applicability and scope Sec. 26.510.030 Procedure for sign permit approval Sec. 26.510.040 Prohibited signs Sec. 26.510.050 Sign measurement and allotment Sec. 26.510.060 Sign setback Sec. 26.510.070 Sign illumination Sec. 26.510.080 Sign lettering, logos and graphic designs Sec. 26.510.090 Sign types and structural characteristics Sec. 26.510.100 Zone District sign restrictions Sec. 26.510.110 Window displays 26.510.010. PURPOSE. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content -neutral and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City as a pleasing, visually attractive environment. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 2 B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner. L. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. M. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. 26.510.020. APPLICABILITY AND SCOPE. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 3 26.510.030. PROCEDURE FOR SIGN PERMIT APPROVAL. A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit from the Chief Building Official. B. Signs not requiring a permit Ordinary preventive maintenance including repainting of a lawfully existing sign, which does not involve a change of placement, size, lighting, color or height is exempt from having to obtain a permit. Also, the following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Banners, pennants, streamers and balloons and other gas -filled figures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Land Use Code Section (to be determined), Policies regarding signage on public property. Non -permanent Streamers, pennants, and balloons shall be permitted in association with a retail special event or sale of limited duration not exceeding fourteen (14) days. 2. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 3. Designated public posting signs - Signs such as concert announcements, special event notifications, and grand openings can be placed on designated public posting areas such as the ACRA kiosk adjacent to the pedestrian mall. 4. Directional, instructional, or courtesy signs. Signs, not exceeding one and one quarter (1.25) square feet in area, which provide direction or instruction to guide persons to facilities intended to serve the public as required by law or necessity. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, accessibility routes, restrictions on smoking or solicitation, delivery or freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility including courtesy information such as "vacancy," "no vacancy," "open," "closed," and the like. Advertising material of any kind is strictly prohibited on directional, instructional, or courtesy signs. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 4 5. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 6. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 7. Garage, estate, yard sale or auction signs. On -site or off -site signs which advertise a private garage, estate, yard sale or auction provided such signs are displayed no more than twice per year per residence for a period not to exceed three days. Sign must be removed at the conclusion of the event. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official messages, warning signs, railroad crossing signs, signs of public service companies indicating danger, or aids to service and safety which are erected by or for the order of government. 9. Historic designation. Signs placed on or in front of a historic building or site identifying and providing information about a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or the National Register of Historic Sites, which sign shall not exceed six (6) square feet in area, as approved by the Historic Preservation Officer. 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor lighting. 11.Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 12. Interior signs. Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building. 13. Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 5 14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food. One (1) sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which is located on or in front of the building within which the restaurant is located. 15. Movie theater and performance venue signs. Signs not to exceed thirty inches by forty-two inches (30" x 42"), located within the inner or outer lobby, court or entrance, window display, or interior or exterior poster box of a theatre or performance venue. These signs are limited to conveying information regarding movie, theater, music, or other similar artistic performances or events and shall not be used for unrelated commercial content. Variable message displays, televisions, or other forms of digital marquees which may be incidentally visible from the exterior may be used. Only one variable message display, television, or similar digital marquee may be designed to be visible exclusively from the exterior provided it is limited to a thirty-two (32) inch or smaller screen and shall not contain commercial content unrelated to the advertised events and provided that it is not mounted on the exterior of the building. 16. Political Signs. Political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted provided: a. The total area of all such signs on a lot does not exceed eight (8) square feet. b. All such sign may be erected no sooner than sixty (60) days in advance of the election for which they were made. c. All such signs shall be removed no later than seven (7) days after the election for which they were made. d. Political signs may not be placed on publicly owned property, rights -of - way adjacent to publicly owned property, or within the State Highway 82 traffic way including the round -a -bout and traffic islands. Political signs carried or worn by a person are exempt from these limitations. Political signs may be placed in the public right-of-way adjacent to privately owned property. 17. Property management/Timeshare identification signs. A building may have one sign with an area not exceeding two (2) square feet identifying the name and phone number of a contact person or management entity for the property and stating that it has been approved. Multi -Family buildings may have up to one (1) sign per ten (10) residential units. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have a wall -mounted sign with an area not exceeding two (2) square feet, stating that it has City of Aspen City Council Ordinance No. 17, Series of 2010 Page 6 been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. 18. Public notices. Official government notices and legal notices. 19. Practical purpose signs. Practical signs erected on private property, such as lost property signs, cautionary or "beware" signs, wedding announcements, graduation celebrations, and other signs announcing a special events or functions which do not exceed two (2) square feet and limited to one (1) per building facade or property frontage, as applicable. 20. Real estate for sale or rent sign. Real estate signs advertising the sale or rental of the property upon which the sign is located, provided: a. Type. A real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall not be more than one (1) real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Duration. The temporary sign may be used as long as the property is actively for sale or rent but must be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located f. Location - Real estate for sale or rent signs must be placed on private property and not located on public property. Real estate signs placed in the public right-of-way shall be subject to removal by the Engineering Department. 21. Real estate photo boxes. Real estate offices may place descriptive images of property that is currently for sale in storefront windows or on an exterior wall. a. Area. Not to exceed 25% of the window surface area. Photo boxes not placed in a window shall be limited to an area of six (6) square feet. Any individual image with description shall not exceed one (1) square foot in area. 22. Regulatory signs. Regulatory signs erected on private property, such as "no trespassing," which do not exceed two (2) square feet and limited to one (1) per building facade or property frontage, as applicable. 23. Reli ig ous symbols. Religious symbols located on a building or property used for organized religious services. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 7 24. Residential name and address signs. Detached residential dwelling units and duplex units may have wall or freestanding signs on or in front of the building or portion thereof to identify the street address and/or names of the occupants or name of the dwelling unit. The area of the sign is not to exceed two (2) square feet per dwelling unit. For mobile home parks, subdivision entrances, and multi- family housing, see the requirements found in Section 26.510.100.A, Residential Use Signs. 25. Street addresses on mailboxes. 26. Sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration or identifying a restaurant menu. There shall not be more than one (1) such temporary sign per use at any one time. Sign must not exceed six (6) square feet per side. 27. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of-way. 28. Temporary food vendingsign igns. The food vending permit must include details of the intended signage including size, material and location. 29. Temporary sale signs and going -out -of -business signs. Going -out -of -business signs and temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The sign(s) shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sign(s) in any window and a total of not more than three (3) temporary signs for each use. c. Area. Each temporary sign shall not exceed three (3) square feet d. Duration. Temporary signs may be maintained for a period not to exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). 30. Vending machine signs. Permanent, potentially internally illuminated but non - flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use City of Aspen City Council Ordinance No. 17, Series of 2010 Page 8 and other similar information. Vending machine signs that are internally illuminated must be located inside of a building or in a space that is not visible from the public right-of-way. C. Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; 4. The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. PROHIBITED SIGNS. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per the table under Sec. 26.510.100(D) B. Permanent Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section (to be determined). C. Billboards and other off -premise signs. Billboards and other off -premise signs, including security company signs which do not comply with the regulations set forth in City of Aspen City Council Ordinance No. 17, Series of 2010 Page 9 this Title and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.030(B), Signs Not Requiring a Permit. D. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. E. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. F. Neon and other gas -filled light tubes. Neon lights, televisions used for advertising or information and other gas -filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. G. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historical signs are defined to be those signs at least fifty (50) years in age or older. H. Portable and wheeled signs except as allowed per the table under Sec. 26.510.100(D). L Roof signs. J. Searchlights or beacons except as approved per Subsection 26.575.150.11, Outdoor lighting, Exemptions. K. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot or building other than the building to which the sign may be accessory. L. Signs containing untruthful or misleading information. M. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. N. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of ingress or egress, prevents free passage from one part of a roof to any other City of Aspen City Council Ordinance No. 17, Series of 2010 Page 10 part, interferes with an opening required for ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers, including bicycles, which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. A Signs in public right -of way. A sign in, on, or above a public right-of-way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right-of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. Q. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. R. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. S. Unsafe signs. Any sign which: 1. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; City of Aspen City Council Ordinance No. 17, Series of 2010 Page 11 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. 26.510.050. SIGN MEASUREMENT, LOCATION AND ALLOTMENT A. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. See Section 26.510.050.C, Sign Area for the method or measuring signs. B. Two or more faces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10-2005, § 1) C. Sign area. Sign area shall be the area of the smallest four-sided or circular geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and there aggregate area shall be credited toward allowable sign area at one-half (1/2) the measured area (see Figure 1 below). City of Aspen City Council Ordinance No. 17, Series of 2010 Page 12 (Window) SoMe off THos Mgn 4 8 Figure 1: Above: Window sign with cutout letters. (8' x 1')'.5 = 4 sq. ft. total Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total Bottom: Sign with irregular shape, 2' x 3' — 6 sq. ft. total M Slozkee; off TH3s Mogn L 0 10, 44 3' City of Aspen City Council Ordinance No. 17, Series of 2010 Page 13 i x D. Sign location and placement. When possible, signs should be located at the same height on buildings with the same block face. Architectural features should not be hidden by sign location. Signs should be consistent with the color, scale, and design of the building and not overpower facades. Desired Style Figure 3 Undesirable Style poil it Lel Sign not covering architectural feature Figure 4 Sign covering architectural feature City of Aspen City Council Ordinance No. 17, Series of 2010 Page 14 Signs Sign in located at proportion same height to building Window signs not exceeding 25% of window area No consistency in Sign not sign height proportional to building Window signs far more than 25% of window area E. Sign Allotment per business a) Residential Use signage allotment shall be dependent upon the dwelling type and whether or not the dwelling is being utilized as a bed and breakfast or home occupation. b) Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of signage per individual business frontage c) Recreational uses shall be allotted six (6) square feet of signage per individual business frontage d) Restaurant and Retail uses shall be allotted six (6) square feet of signage per individual business frontage. e) Lodge uses shall be eligible for ten (10) square feet of signage allotment per individual business frontage. f) Office and Service uses shall be allotted six (6) square feet of signage per individual business frontage. In buildings with four (4) or more tenants with an Office or Service Use, the allotment shall be reduced to three (3) square feet of signage per individual business frontage. . g) Buildings that contain one (1) tenant on a lot of 27,000 square feet or more shall be granted twenty (20) square feet of signage per applicable frontage. The limitations for individual sign size shall match that of Lodge Use signs (26.510.100.E). h) Buildings with four (4) or more tenants (restaurant, retail, office, or service uses) may create one (1) business directory sign for each street facing facade that grants each tenant no more than one (1) square foot for the purposes of business identification. The business directory sign shall not count towards the signage allotment for the individual tenants. The maximum area for any business directory sign shall be ten (10) square feet Businesses that share occupancy of a single tenant space within a portion of a building shall share the sign allotment. If businesses share occupancy, but there is a clear and definable separation between uses, than each business shall have its own signage allotment. Businesses with articulating facades along one elevation shall combine such facades to receive one signage allotment. 26.510.060. SIGN SETBACK. Signs are not subject to the setback requirements of the Zone District where they are located. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 15 26.510.070. SIGN ILLUMINATION. A. Allowed Illumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor lighting. Backlit signs are permitted, provided that the following criteria are satisfied: a) Signs shall be lit from a source mounted on the sign or on the wall behind the proposed sign with a non -visible point -light -source. Emitted light shall not create excess glare or light trespass on adjacent properties. The sign shall be made out of a solid and non -transparent material. B. Prohibited illumination. No sign shall be illuminated through the use of internal, oscillating, flickering, rear (excluding permitted backlit illumination), variable color, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be visible from the public right-of- way. 26.510.080. SIGN LETTERING, LOGOS AND GRAPHIC DESIGNS. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). 26.510.090. SIGN TYPES AND CHARACTERISTICS A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. Freestanding signs shall be made primarily of wood, glass, metal, or stone. B. Identification signs. Signs intended to identify the name of a subdivision, multi- family residential complex, mobile home park, or business name. Identification signs shall be visible from the public right-of-way or private street. B. Projecting or hanging signs. Projecting and hanging signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. Projecting or hanging signs shall be made primarily out of wood, glass, metal, or stone. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 16 C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. Wall signs shall be made primarily out of wood, glass, metal, or stone. D. Awning Signs. No sign placed on an awning may project above, below, or off of an awning. Awning signs may only be placed on awnings that meet the definition for Awning in Section 26.104.100, Definitions. E. Monument Signs. A sign which has a bottom that is permanently affixed to the ground, not a building, shall be considered a monument sign. The size and design shall meet the use requirements for that type of sign. The sign face must be directly connected to the base of the sign. Landscaping shall be provided so that the sign transitions into the ground naturally. F. Portable Sandwich Board Signs. Sandwich board signs are two-sided self -supported a -frame signs, or any other two-sided portable sign. Sandwich board signs must be made primarily of wood or metal and must have a professional finish. Incorporated inserts must contain a fixed message or be made out of chalkboard. Dry erase boards are prohibited. Sandwich board signs shall not be utilized as merchandise displays. A six (6) foot travel width must be maintained on sidewalks and pedestrian malls. This does not allow for signs aligned on edge with one another, thus creating a solid line of sandwich board signs, unless the six (6) foot travel width must be maintained on both sides. Portable sandwich board signs are not to be left out overnight. The sandwich board sign shall not count towards the sign allotment. Permits for sandwich board signs shall be revocable by the Community Development Director if the above criteria are not met or, or if in the opinion of the Community Development Director, the sign creates a visual nuisance. Sandwich board signs must also comply with those requirements found within Section 26.510.090.D. Above: Freestanding Signs City of Aspen City Council Ordinance No. 17, Series of 2010 Page 17 Above: Projecting Sign (left) and Hanging Sign (right) Below: Awning Sign City of Aspen City Council Ordinance No. 17, Series of 2010 Page 18 SEC. 26.510.100 SIGN RESTRICTIONS BY USE -TYPE A. Residential uses. For all residential uses, only signs permitted under Section 26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Maximum Maximum Height Comments Signs Area (Sq. Ft.) of Freestanding Signs Identification 1 per multi- 20 5 The area of the sign Sign (wall, family shall not exceed two freestanding complex, (2) square feet per or monument subdivision dwelling unit, and sign) entrance, or shall not exceed a mobile home total of 20 square park feet. Bed and 1 per street 6 per sign 6' Illumination Breakfast frontage permitted, must be in compliance with this Chapter and 26.575.150 Home 1 per street 6 per sign 6' Illumination is Occupation frontage permitted only when it is identifying a home occupation of an emergency service nature City of Aspen City Council Ordinance No. 17, Series of 2010 Page 19 B. Arts, cultural, civic, and academic uses. For all arts, cultural, civic, and academic uses, only temporary signs permitted under Section 26.510.030.13, Signs Not Requiring a Permit, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use. Type of Sign Sign Area (Sq. Maximum Comments Number of Ft.) Height of Signs Freestanding Signs Identification No more than Size of sign 6' Illumination permitted, Sign one (1) cannot exceed unless in a residential (freestanding, Freestanding six (6) sq. ft. zone. wall, Sign per facade projecting sign, orNo more than Size of sign n/a Sign must not go above awningg sign two (2) wall cannot exceed eave point Illumination signs per six (6) sq. ft. permitted, unless in a frontage residential zone. No more than Size of sign n/a Sign must not go above one (1) cannot exceed eave point Illumination projecting or six (6) sq. ft. permitted, unless in a hanging signs residential zone. Does per frontage. not count towards sign allotment. Awning sign. Logos or icons n/a Illumination permitted. I per awning on awnings Counts towards sign plane. cannot be larger allotment. Lettering or than 1 sq. ft. logos on awnings must be arranged in a consistent horizontal or vertical band. Only one band is permitted for each awning plane. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 20 C. Recreational uses. For recreational uses, only signs permitted under Section 26.510.030.13, Signs Not Requiring a Permit, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use. Type of Sign Number of Sign Area (Sq. Maximum Height Comments Signs Ft.) of Freestanding Signs Identification No more than Size of sign 6' Illumination Sign one (1) cannot exceed permitted, unless in (freestanding, freestanding six (6) sq. ft. a residential zone. wall, sign per projecting, or frontage awning sign) No more than Size of sign n/a Sign must not go two (2) wall cannot exceed above eave point signs per six (6) sq. ft. Illumination frontage permitted, unless in a residential zone. No more than Size of sign n/a Sign must not go one cannot exceed above eave point projecting or six (6) sq. ft. Illumination hanging signs permitted, unless in per frontage. a residential zone. Does not count towards sign allotment. Awning sign. Logos or icons on n/a Illumination 1 per awning awnings cannot permitted. Counts plane. be larger than 1 towards sign sq. ft. allotment. Lettering or logos on awnings must be arranged in a consistent horizontal or vertical band. Only one band for each awning plane. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 21 D. Restaurant and Retail uses. Only signs permitted under Section 26.510.030.13, Signs Not Requiring a Permit, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Height Comments Signs (Sq. Ft.) of Freestanding Signs Identification Freestanding Size not to 6' Illumination Sign sign. 1 per exceed six permitted. (freestanding individual tenant (6) sq. ft. , wall, building projecting frontage. /hanging, window, or awning sign) Wall sign. 2 per Size not to n/a Must not go above individual tenant exceed six eave point. building (6) sq. ft. frontage. Projecting or Size not to n/a Sign must not go hanging sign. 1 exceed six above eave point. per individual (6) sq. ft. Illumination tenant building permitted. Does not frontage. count towards sign allotment Window sign. 1 Not to n/a Counts towards sign per window. exceed 25% allotment. Not to of window exceed 25% of area. window Awning sign. 1 Logos or n/a Illumination per awning icons on permitted. Counts plane. awnings towards sign cannot be allotment. Lettering larger than 1 or logos on awnings sq. ft. must be arranged in a consistent horizontal or vertical band. Only one band for each awning plane. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 22 Restaurant and Retail Use Signs Continued. Type of Sign Number of Sign Area (Sq. Comments Signs Ft.) Sandwich 1 per business No more than six Must obtain permit. No dry erase. Only Board Sign (6) sq. ft. per side permitted for retail and restaurant businesses. TO BE one t be of 1 be ther.C-1 DETERMINED ount towards sign allotment. Sign must be located adjacent to the parcel that contains the business. Also see criteria under 26.510.090.E Business No more than 1 sq. ft. of The portion of the directory sign used for directory signs two (2) signage for each the associated business counts towards business business using the that business's sign allotment, unless directory signs directory sign. using the exemption found in per lot. No directory sign 26.510.050.E.h, Sign Allotment per shall exceed 10 business. sq. ft. in size. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 23 E. Lodge uses. Only signs permitted under Section 26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Comments Signs (Sq. Ft.) Height of Freestanding Signs Identification Freestanding Size not to 6' Illumination permitted. Sign sign. 2 per exceed ten (freestanding, individual (10) sq. ft wall, tenant building projecting frontage. /hanging, window, or awning sign) Wall sign. 2 Size not to n/a Sign must not go above cave per individual exceed ten point Illumination permitted. tenant building (10) sq. ft. frontage. Projecting or Size not to n/a Sign must not go above eave hanging sign. 2 exceed ten point Illumination permitted. per individual (10) sq. ft. . One (1) projecting or tenant building hanging sign per business frontage. frontage shall be exempt from counting towards sign allotment. Window sign. Not to n/a Counts towards sign 1 per window. exceed 25% allotment. Not to exceed of window 25% of window area Awning sign. 1 Logos or n/a Illumination permitted. per awning icons on Counts towards sign plane. awnings allotment. Lettering or cannot be logos on awnings must be larger than 1 arranged in a consistent sq. ft. horizontal or vertical band. Only one band is permitted for each awning plane. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 24 F. Office and Service uses. Only signs permitted under Section 26.510.030.13, Signs Not Requiring a Permit, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use. As stated in Section 26.510.050(E) of this Chapter, Office and Service uses shall be allotted six (6) square feet of signage per individual business frontage. In buildings with four (4) or more tenants with an Office or Service Use, the allotment shall be reduced to three (3) square feet of signage per individual business frontage. Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification Freestanding Size not to 6' Illumination permitted. Sign sign. 1 per exceed six (6) (freestanding, individual tenant sq. ft wall, projecting building frontage. /hanging, window, or awning sign) Wall sign. 1 per Size not to n/a Sign must go above cave individual tenant exceed six (6) point Illumination building frontage. sq. ft. permitted. Projecting or Size not to n/a Sign must not go above hanging sign. 1 exceed six (6) cave point Illumination per individual sq. ft. permitted. tenant building frontage. Window sign. 1 Not to exceed n/a Counts towards sign per window. 25% of allotment. Not to exceed window area 25% of window Awning sign. 1 Logos or icons n/a Illumination permitted. per awning plane. on awnings Counts towards sign cannot be allotment. Lettering or larger than 1 logos on awnings must sq. ft. be arranged in a consistent horizontal or vertical band. Only one band is permitted for each awning plane. City of Aspen City Council Ordinance No. 17, Series of 2010 Page 25 Office and Service Use Signs Continued. Type of Sign Number of Signs Sign Area (Sq. Ft.) Comments Business directory No more than two 1 sq. ft. of signage The portion of the directory signs (2) business for each business sign used for the associated directory signs per using the directory business counts towards that lot. sign. No directory business's sign allotment, sign shall exceed 10 unless using the exemption sq. ft. in size. found in 26.510.050.E.h, Sign Allotment per business. 26.510.110. WINDOW DISPLAYS. Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not require a sign permit. Window displays may have minimal illumination which shall be directed inward towards the business so that there is no contribution of light pollution to adjacent streets or properties. The following types of illumination and signage are prohibited: 1. Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low -voltage strip lighting. 3. Backlit or internally illuminated displays or graphics. 4. Window wraps Interior signage placed in the immediate proximity of storefront windows and that is clearly intended for pedestrians on the adjacent public right-of-way, shall be deducted from the business's signage allotment. This type of signage shall include, but is not limited to, special sale signs, names of products, official logos, and descriptions of inventory. Section 2• A public hearing on the Ordinance was held on the 27t' day of September, 2010, at 5:00 p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 3• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or City of Aspen City Council Ordinance No. 17, Series of 2010 Page 26 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26 h day of July, 2010. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney City of Aspen City Council Ordinance No. 17, Series of 2010 Page 27 Michael C. Ireland, Mayor day of Michael C. Ireland, Mayor P410) xHt6tT G RESOLUTION NO.10 (SERIES OF 2010) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE: 26.510 WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.510 of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, at a duly noticed public hearing, the Planning and Zoning Commission continued the hearing to consider the proposed amendments as described herein to January 5, 2010, where the Planning and Zoning Commission reviewed the draft Sign Code and continued the discussion to February 16'h, April 20s', and again to May 4`" 2010 WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on May 4t, 2016, took and considered public testimony and the recommendation of the Director and recommended, by a ( 6 - 0 ) vote, City Council adopt the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.510, Signs, which section defines, describes, authorizes, and regulates Signs within the City of Aspen to read as follows: Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 1 Chapter 26510 SIGNS Sec. 26.510.010 Purpose Sec. 26.510.020 Applicability and scope Sec. 26.510.030 Procedure for sign permit approval Sec. 26.510.040 Prohibited signs Sec. 26.510.050 Sign measurement and allotment Sec. 26.510.060 Sign setback Sec. 26.510.070 Sign illumination Sec. 26.510.080 Sign lettering, logos and graphic designs Sec. 26.510.090 Sign types and structural characteristics Sec. 26.510.100 Zone District sign restrictions Sec. 26.510.110 Window displays 26.510.010. Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content -neutral and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the City. Signage has a significant impact on the visual character and quality of the City. The proliferation of signs in the City would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to A. Preserve and maintain the City as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the City's premier status in an increasingly competitive resort Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 2 market, preserving the historically and architecturally unique character of the City, fostering the "village style" quality of the City and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. I Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed and maintained in a safe and satisfactory manner- L. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. M. Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians. (Ord. No. 10-2005, § 1) 26.510.020. Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. (Ord. No. 10-2005, § 1) 26,510.030. Procedure for sign permit approval. A. Permit required It shall be unlawful to erect, place, construct, reconstruct or relocate any sign without first obtaining a sign permit from the Chief Building Official. Ordinary preventive maintenance including repainting of a lawfully existing sign, which does not involve a change of placement, size, lighting, color or height is exempt from having to obtain a permit. B. Signs not requiring a permit The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Banners pennants streamers and balloons and other gas -filled fieures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Land Use Code Section Policies regarding signage on public property. Non - Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 3 permanent Streamers, pennants, and balloons shall be permitted in association with a retail special event or sale of limited duration. 2. Construction signs. One (1) freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 3. Designated public posting signs - Signs such as concert announcements, special event notifications, and grand openings can be placed on designated public posting areas such as the ACRA kiosk adjacent to the pedestrian mall. 4. Directional instructional, or courtesy signs. Signs, not exceeding one and one quarter (1.25) square feet in area, which provide direction or instruction to guide persons to facilities intended to serve the public as required by law or necessity. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, accessibility routes, restrictions on smoking or solicitation, delivery or freight entrances, affiliation with motor clubs, acceptance of designated credit cards and other similar signs providing direction or instruction to persons using a facility including courtesy information such as "vacancy," "no vacancy," "open; "closed," and the like. Advertising material of any kind is strictly prohibited on directional, instructional, or courtesy signs. 5. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 6. Flaps. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 7. Garage estate yard sale or auction signs. On -site or off -site signs which advertise a private garage, estate, yard sale or auction provided such signs are displayed no more than twice per year per residence for a period not to exceed three days. Sign must be removed at the conclusion of the event. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory or informational purposes, street signs, official messages, warning signs, railroad crossing signs, signs of public service companies indicating danger, or aids to service and safety which are erected by or for the order of government. 9. Historic designation. Signs placed on or in front of a historic building or site identifying and providing information about a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or the National Register of Historic Sites, which sign shall not exceed six (6) square feet in area, as approved by the Historic Preservation Officer. Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 4 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic and/or religious holidays, provided that such decorations are maintained in safe condition, do not constitute a fire hazard and that the decorations comply with Section 26.575.150, Outdoor lighting. 11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right- of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. 12. Interior signs. Signs which are fully located within the interior of any building or within an enclosed lobby or court of any building, which are not visible from the public right- of-way, adjacent lots or areas outside the building. 13. Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials or other remembrances of persons or events that are noncommercial in nature. 14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which advertises and/or identifies a restaurant menu, drinks or foods offered or special activities incidental to drink and food. One (1) sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which is located on or in front of the building within which the restaurant is located. 15. Movie theater and performance venue signs. Signs not to exceed thirty inches by forty- two inches (30" x 42"), located within the inner or outer lobby, court or entrance, window display, or interior or exterior poster box of a theatre or performance venue. These signs are limited to conveying information regarding movie, theater, music, or other similar artistic performances or events and shall not be used for unrelated commercial content. Variable message displays, televisions, or other forms of digital marquees which may be incidentally visible from the exterior may be used. Only one variable message display, television, or similar digital marquee may be designed to be visible exclusively from the exterior provided it is limited to a thirty-two (32) inch or smaller screen and shall not contain commercial content unrelated to the advertised events and provided that it is not mounted on the exterior of the building. 16. Political Signs. Political signs announcing political candidates seeking public office, political parties or political and public issues shall be permitted provided: a. The total area of all such signs on a lot does not exceed eight (8) square feet. b. All such sign may be erected no sooner than sixty (60) days in advance of the election for which they were made. c. All such signs shall be removed no later than seven (7) after the election for which they were made. Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 5 d. Political signs may not be placed on public property, rights -of -way adjacent to public property, or within the State Highway 82 traffic way including the round - a -bout and traffic islands. Political signs carried or worn by a person are exempt from these limitations. 17. Property management signs. A building may have one sign with an area not exceeding one (1) square foot identifying the name and phone number of a contact person or management entity for the property. Multi -Family buildings may have up to one (1) sign per ten (10) residential units. 18. Public notices. Official government notices and legal notices. 19. Practical Vrpose signs. Practical signs erected on private property, such as lost property signs, cautionary or "beware" signs, wedding announcements, graduation celebrations, and other signs announcing a special events or functions which do not exceed two (2) square feet and limited to one (1) per building fagade or property frontage, as applicable. 20. Real estate for sale or rent sign. Real estate signs advertising the sale or rental of the property upon which the sign is located, provided: a. Type. A real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall not be more than one (1) real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Heigh The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Duration. The temporary sign may be used as long as the property is actively for sale or rent but must be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located f Location - Real estate for sale or rent signs must be placed on private property and not located on public property or within the public right-of-way. 21. Regulatory signs. Regulatory signs erected on private property, such as "no trespassing," which do not exceed two (2) square feet and limited to one (1) per building fagade or property frontage, as applicable. 22. Religious symbols. Religious symbols located on a building or property used for organized religious services. 23. Residential name and address signs. Detached residential dwelling units, duplex units, and multi -family residential dwelling units may have wall or freestanding signs on or in front of the building or portion thereof to identify the street address and/or names of the occupants or name of the dwelling unit The area of the sign is not to exceed two (2) square feet per dwelling unit. If the sign is for a multi -family residential complex, the total size of all signs shall not exceed twenty (20) square feet. 24. Street addresses on mailboxes. Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 6 25. Sandwich board signs carried by a person. Temporary sandwich board signs which are tamed by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration or identifying a restaurant menu. There shall not be more than one (1) such temporary sign per use at any one time. Sign must not exceed six (6) square feet per side. 26. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of- way. 27. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have a wall -mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. 28. Temporary food vending signs. The food vending permit must include details of the intended signage including size, material and location. 29. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sale sign in any window and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first and shall not be replaced for at least two (2) months following the removal of the sign(s). 30. Vending machine signs. Permanent, potentially internally illuminated but non -flashing signs on vending machines, gasoline pumps, ice or milk containers or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information. Vending machine signs that are internally illuminated must be located inside of a building or in a space that is not visible from the public right -of --way. C Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director, 2. A letter of consent from the owner of the building; Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 7 3. Proposed location of the sign on the building or parcel; 4. The dimensions, measurements and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. (Ord. No. 10-2005, § 1) 26.510.040. Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per Paragraph 26.510.130.D.1.e. B. Permanent Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Subsection 26.510.030.B, C. Billboards and other off -premise signs. Billboards and other off -premise signs, including security company signs which do not comply with the regulations set forth in Subsection 26.510.040.B.20 and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120, Temporary signs. D. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations except as permitted per Section 26.575.150, Outdoor lighting. E. Moving signs. Signs with visible moving, revolving, rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. F. Neon and other gas fdled light tubes. Neon lights, televisions used for advertising or information and other gas -filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. G. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 8 such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this Subsection. Signs of historical character shall not be subject to the provisions of this Section. For the purpose of this Section, historical signs are defined to be those signs at least fifty (50) years in age or older. H. Portable and wheeled signs except as allowed per Paragraph 26 510.130.D.I.e. L Roof signs. J. Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor lighting, Exemptions. K. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot or building other than the building to which the sign may be accessory. L. Signs containing untruthful or misleading information. M. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. N. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of ingress or egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant. O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. P. Signs in public right -of way. A sign in, on, or above a public right-of-way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right- of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. Q. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. R. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes and strings of light bulbs used in any connection with Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 9 commercial premises unless the lights shall be shielded and comply with Section 26.575.150, Outdoor lighting. S. Unsafe signs. Any sign which: 1. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair, 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles or utility poles, except where required by law; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorists clear view of an intersecting road, alley or major driveway. 26.510.050. Sign measurement, location and allotment A. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. See Section 26.510.060.C, Sign Area for the method or measuring signs. B. Two or more faces. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. (Ord. No. 10-2005, § 1) Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 10 C Sign area. Sign area shall be the area of the smallest four-sided or circular geometric figure which encompasses the facing of a sign including copy, insignia, background and borders. f h S'�'g n Figure 1: Above: Window sign with cutout letters. (8' x P) = 8 sq. ft total Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total M i 0 ; of Th[K Sq�n 3' Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 11 10, 2' D. Sign location and placement. When possible, signs should be located at the same height on buildings with the same block face. Architectural features should not be hidden by sign location. Signs should be consistent with the color, scale, and design of the building and not overpower facades. Desired Style Undesirable Style Figure 4 Sign not covenng architectural feature 2T POOR �i ;�fii JJam_; Sign covering architectural feature Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 12 Window signs not exceeding 25% of window No consistency in sign height Window signs far more than 25% of window I to Sign not proportional to building E. Sign Allotment per business a) Residential uses shall be allotted six (6) square feet of signage per individual business frontage. b) Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of signage per individual business frontage c) Recreational uses shall be allotted six (6) square feet of signage per individual business frontage d) Restaurant and Retail uses shall be allotted six (6) square feet of signage per individual business frontage. e) Lodge uses shall be eligible for ten (10) square feet of signage allotment per individual frontage. f) Office and Service uses shall be allotted one (1) square foot of signage per individual business frontage. g) Buildings that contain one (1) tenant and occupy half a block or more shall be granted twenty (20) square feet of signage per applicable frontage. The limitations for individual sign size shall match that of Lodge use signs. Businesses that share occupancy of a single tenant space within a portion of a building shall share the sign allotment. If businesses share occupancy, but there is a clear and definable separation between uses, than each business shall have its own signage allotment. Businesses with articulating facades along one elevation shall combine such facades to receive one signage allotment. 26.510.060. Sign setback Signs are not subject to the setback requirements of the Zone District where they are located. (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) 26.510.070. Sign illumination. A. Allowed Illumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light from artificial illumination upon any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150, Outdoor lighting. A Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 26.510.080. Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. A Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen inches in height and eighteen inches in length (18" x 18"). (Ord. No. 9-2002, § 12; Ord. No. 10-2005, § 1) Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 13 26.510.090. , Sign types and characteristics A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Identification signs. Signs intended to identify the name of a subdivision, multi -family residential complex, mobile home park, or business name. Identification signs shall be visible from the public right-of-way or private street. B. Projecting or hanging signs. Projecting and hanging signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the principal building and no sign part, including cut out letters, shall project more than six (6) inches from the building wall. (Ord. No. 10- 2005, § 1) D. Awning Signs. No sign placed on an awning may project above, below, or off of an awning. Awning signs may only be placed on awnings that meet the Figure 5: Projecting Sign definition for Awning in Section 26.104.100, Definitions. An awning shall consist of a single color, or a vertical or horizontal bicolor striped pattern. E. Monument Signs. A sign which has a bottom that is permanently affixed to the ground, not a building, shall be considered a monument sign. The size and design shall meet the use requirements for that type of sign. The sign face must be directly connected to the base of the sign. Landscaping shall be provided so that the sign transitions into the ground naturally. F. Portable Sandwich Board Signs. Sandwich board signs are two-sided self -supported a - frame signs, or any other two sided portable sign. Sandwich board signs must be made primarily of wood or metal and must have a professional finish. Incorporated inserts must be made out of chalkboard. Dry erase boards are prohibited. Sandwich board signs shall not be utilized as merchandise displays. A six (6) foot travel width must be maintained on sidewalks and an eight (8) foot travel width on the pedestrian malls. Portable sandwich board signs are not to be left out overnight. The sandwich board sign shall not count towards the sign allotment. Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 14 Permits for sandwich board signs shall be revocable by the Zoning Officer if the above criteria are not met or, in the opinion of the Zoning Officer, the sign creates a visual nuisance. Sandwich board signs must also comply with those requirements found within Section 26.510.090.D. Sec. 26.510.100 Zone District sign restrictions A. Residential uses. For all residential uses, only signs permitted under Section 26.510.030.13, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Maximum Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification 1 per multi- 10 5' Direct illumination Sign (wall, family complex, only, fixtures must be freestanding or subdivision shielded and in monument entrance, or compliance with this sign') mobile home Chapter and park 26.575.150 Bed and 1 per street 4 per sign 6' Illumination permitted, Breakfast frontage must be in compliance with this Chapter and 26.575.150 Home 1 per street 4 per sign 6' Illumination allowed Occupation frontage only when it is identifying a home occupation of an emergency service nature Temporary See Exempt Signs, Signs 26.110.030.B Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 15 B. Arts, cultural, civic, and academic uses. For all arts, cultural, civic, and academic uses, only temporary signs permitted under Section 26.510.030.13, Exempt signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use (there shall he not more than two (2) freestanding, wall or projecting signs permitted along the lot frontage on any one (1) street, not to exceed a total of four (4) signs per lot): Type of Sign Number of Sign Area (Sq. Ft.) Maximum Height Comments Signs of Freestanding Signs Identification Size of 6' Illumination Sign sign cannot permitted, unless in a (freestanding, exceed six residential zone. wall, projecting (6) sq. ft. sign, or awning sign No more than Size of n/a Illumination two (2) wall sign cannot permitted, unless in a signs per exceed six residential zone. frontage (6) sq. ft. Must not go above eave point. No more than Size of n/a Illumination two (2) sign cannot permitted, unless in a projecting or exceed six residential zone. hanging signs (6) sq. ft. Must not go above per frontage. eave point. Awning sign. I Logos or icons on n/a Counts towards sign per awning side awnings cannot be allotment. Letter size larger than 1 sq. ft. cannot exceed 6" in height. Temporary See Exempt Signs, Signs 16.110.030.B Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 16 C. Recreational uses. For recreational uses, only signs permitted under Section 26.510.030.13, Exempt signs, and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use (there shall be not more than two (2) freestanding, wall or projecting signs permitted along the lot frontage on any one (1) street, not to exceed a total of four (4) signs per lot): Type of Sign Number of SiFt gn Area (Sq. .) Maximum Height Comments Signs of Freestanding Signs Identification No more than Size of 6' Illumination Sign two (2) sign cannot permitted, unless in a (freestanding, freestanding exceed six residential zone. wall, signs per (6) sq. ft. projecting, or frontage awning sign) No more than Size of n/a Illumination two (2) wall sign cannot permitted, unless in a signs per exceed six residential zone. frontage (6) sq. ft. Must not go above eave point. No more than Size of n/a Illumination two (2) sign cannot permitted, unless in a projecting or exceed six residential zone. hanging signs (6) sq. ft. Must not go above per frontage. eave point. Awning sign. I Logos or icons on n/a Counts towards sign per awning side awnings cannot be allotment. Letter size larger than 1 sq. ft. cannot exceed 6" in height. Temporary See Exempt Signs, Signs 26.110.030.B Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 17 D. Restaurant and Retail uses. For all Restaurant and Retail uses. There shall be no more than two (2) of the following three (3) types of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including wall signs with cut out letters. No business shall have more than four (4) of the previously listed signs, either individually or in combination. Only signs permitted under Section 26.510.030.13, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. FL) Freestanding Signs Identification Freestanding Size not to 6' Illumination permitted. Sign sign. 1 per exceed six (6) (freestanding, individual tenant sq. ft, wall, projecting building frontage. /hanging, sandwich board, window, Wall sign. 2 per Size not to n/a Must not go above cave or awning sign) individual tenant exceed six (6) point. building frontage. sq. ft. Illumination permitted. Projecting or Size not to n/a Illumination permitted. hanging sign. 1 exceed six (6) Must not go above cave per individual sq. ft. point. tenant building frontage. Window sign. 1 Not to exceed n/a Counts towards sign per window. 25% of allotment. Not to window area exceed 25% of window Awning sign. I Logos or icons n/a Counts towards sign per awning side. on awnings allotment Letter size cannot be cannot exceed 6" in larger than 1 height. sq. ft. Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 18 Restaurant and Retail Use Signs Continued: Type of Sign Number of Sign Area (Sq. Ft.) Comments Signs Sandwich 1 per business No more than six Must obtain permit. No dry Board Sign (6) sq. ft. per side erase. Only permitted for retail and restaurant businesses with no frontage parallel to the public right-of-way or on an upper level. Signs must be placed adjacent to the business they represent. Only permitted within the CC and C-1 Zone Districts. Does not count towards sign allotment. Also see criteria under 26.510.090.F Business No more than For 1 to 5 businesses: One sq. The portion of the directory sign directory signs one (1) business ft. of sign area per business used for the associated business directory sign per counts towards that business's lot. sign allotment. For 6 to 10 businesses: Five sq. ft. plus 'h sq. ft. for each business over five businesses For more than 10 businesses- 7 % sq. ft, plus'/. square foot for each business over ten businesses, to a max sign area of 10 sq. ft. Temporary See Exempt Stgns, 26.110.030.B Signs Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 19 E. Lodge uses. For all lodge uses: There shall be no more than three (3) of the following three (3) types of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including wall signs with cut out letters. No business shall have more than six (6) of the previously listed signs, either individually or in combination. Only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. Ft.) Freestanding Signs Identification Freestanding Size not to 6' Illumination permitted. Sign sign. 2 per exceed ten (freestanding, individual tenant (10) sq. ft wall, projecting building frontage. /hanging, - window, or awning sign) Wall sign. 2 per Size not to n/a Illumination permitted. individual tenant exceed ten Must not go above eave building frontage. (10) sq. ft. point. Projecting or Size not to n/a Illumination permitted. hanging sign. 2 exceed ten Must not go above eave per individual (10) sq. ft. point. tenant building frontage. Window sign. 1 Not to exceed n/a Counts towards sign per window. 25% of allotment. Not to window area exceed 25% of window Awni Logos or icons n/a Counts towards sign ng sign. 1 on awnings allotment. Letter size per awning cannot be cannot exceed 6" in side larger than 1 height- sq. ft. Temporary See Exempt Signs, Signs 26.110.030.B Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 20 F. Office and Service uses. For all Office and Service uses: There shall be no more than one (1) of the following three (3) types of signs per individual business frontage: freestanding signs, projecting signs or wall signs, including wall signs with cut out letters. No business shall have more than six (2) of the previously listed signs, either individually or in combination. Only signs permitted under Section 26.510.030.B, Exempt signs, and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: Type of Sign Number of Sign Area Maximum Height of Comments Signs (Sq. FL) Freestanding Signs Identification Freestanding Size not to 6' Illumination permitted. Sign sign.I per exceed one (1) (freestanding, individual tenant sq. ft wall, projecting building frontage. /hanging, window, or awning sign) Fall sign. 1 per Size not to n/a Illumination permitted. individual tenant exceed one (1) Must go above cave building frontage. sq. ft. point. Projecting or Size not to n/a Illumination permitted. hanging sign. 1 exceed one (1) Must not go above cave per individual sq. ft. point. tenant building frontage. Window sign. I Not to exceed n/a Counts towards sign per window. 25% of allotment. Not to window area exceed 25% of window Awning sign. 1 Logos or icons n/a Counts towards sign per awning side on awnings allotment Letter size cannot be cannot exceed 6" in larger than 1 height. sq. ft. Temporary See Exempt Signs, Signs 26.110.030.B Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 21 26.510.110. Window displays. Window displays of merchandise and representations thereof are not subject to sign regulations, sign square footage and do not require a sign permit. Window displays may have minimal illumination which shall be directed inward towards the business so that there is no contribution of light pollution to adjacent streets or properties. The following types of illumination are prohibited: Televisions, computer monitors or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low -voltage strip lighting. 3. Backlit or intemally illuminated displays or graphics. (Ord. No. 10-2005, § 1) Section 2: A public hearing on the Resolution was held on the 4 h day of May, 2010, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than fifteen (15) days prior a public notice of the same was published in a newspaper of general circulation within the City of Aspen. FINALLY, adopted, passed and approved this 49day of (i 12010. Attest: Stan Gibbs, Chair Approved as to form: City Attorney Planning and Zoning Commission Resolution No. 10, Series of 2010 Page 22 xu n3 rT 1� Sign Code Research and Meeting Summary Correspondence and Research Report Email Group and Community Input • Heather Isberian • Justin Barrow • Mitch Osur • Michael Levenberg • Bradley Jasicki • Steve Fante • Angie Marasco • Krista (Grateful Deli) • David Fleisher • Erik Klanderud • Ed Zane Designer Input • Gaard Moses Other sign codes referenced • DOLA (Department of Local Affairs) • Jackson, Wyoming • Telluride, CO The following meetings were held throughout the process: • CCLC Discussion — 3 • City Council Work Session —1 • Planning and Zoning Public Hearing — 3 (hearings) • Community Development open houses-2 • ACRA Board Meeting — 1 SIGN CODE OPTIONS GUIDE 1.) SIGNAGE ALLOTMENT Option A: Per Business Signage Allotment. Pros: - Standardized methodology; very easy to explain and enforce - Applicant only has to deal with their business - Less field time spent by ComDev Staff - Uniform and orderly Cons: - Some larger tenant spaces will have a reduction in signage - Some smaller tenant spaces will have an increase in available signage Option B: Signage based on length of business storefront Pros: - Easier to understand than current system - Would correspond well with business size/storefront size - Increased fairness to the large business Cons: - Greater need for enforcement - Relies on the applicant to submit accurate dimensions - Small businesses could have very little signage - Odd commercial space configurations may create inequities ❑ Option C: Signage based on business size (square feet) Pros: - Easier to understand than current system - Signage would relate well to lease rates and/or business size Cons: - Greatest need for enforcement - Zoning officer would have to check square footage records - Some businesses may be granted too much/too little signage for a fair system - Small businesses could have very little signage - Businesses grow and contract over time Z.) AWNING SIGNS ❑ optionA: Signage allowed on all planes (faces) of the awning in horizontal or vertical bands. Pros: - Greatest flexibility and least amount of zoning oversight - More options for the applicant Cons: - Some may see this as too much signage on awnings - Entire allotment could potentially be used on the awning Option B: Signage only allowed on sides and skirt Option C: Signage only allowed on skirt ❑ Option D: No signage on awnings 3.) SANDWICH BOARD SIGNS ❑ Option A: No Sandwich Board Signs ❑ Option B: Enforce the existing code language Pros: Significant reduction in amount of signs simply from eliminated all the office use signs Minimal arguments of fairness in the business community Easily enforceable (if given direction to do so) Cons: - No language in regards to location - No language in regards to signage placement - Some may view this as still too many signs - Staff feels existing language grants too much sq. footage per sign ❑ Option C: Specific Criteria Pros: - Significant reduction in amount of signs (could be good or bad) - Moderate difficulty on enforcement - Works for those businesses that are truly hard to locate - Reduction in clutter Cons: - Locations become subjective immediately - Will be arguments of fairness - Too much room for interpretation ❑ Option D: Directory Signs Pros: - Simple enforcement - Reduction in clutter - Hard to locate businesses are easier to find - Puts the burden on the landlord/property manager Cons: - Locations become subjective immediately option E: special Permits System can be used independently, or in addition to Options A, C, and D. System would be regulated by Community Development. Permit would be issued after a certain fee is paid (fee covers the cost of potentially enforcement). AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF Aspen, CO SCHEDULED PUBLIC HEARING DATE: 204( STATE OF COLORADO ) ) ss. County of Pitkin ) I, 'k C 7RE� _ (name, please print) be ni g or rep esenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six z (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing was continuously visible from the _day of , 200 , to uding the date and time of the public hearing. A photograph of the posted ,"�d n) is attached hereto. *' Mailinj of notice. By the mailing of a notice obtained from the Community Develci)ment Department, which contains the information described in Section 2 A6. (E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to * ��'N hearing, notice was hand delivered or mailed by first class postage U.Smail to all owners of property within three hundred (300) feet of the eject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. V Signa ure The foregoing "Affidavit of Notice" was acknowledged before me this 23 day of 20�&, by kyW cAnt NI TICS CMAPTERi 26.61 OF THE LAND USE A11111CODE. TD s.Micbael C. irei"Inti-Qh-h Aspen City Council Publishedinn�the Aspen Times Weekly on August ATTACHMEN'] • COPY OF THEPUBLICA TION WITNESS MY HAND AND OFFICIAL SEAL My commission expires AA -,A 1 x • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) *itiAKNO • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 vll%b TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director W) FROM: Jennifer Phelan, Community Development Deputy Director RE: Extension of Vested Rights —Resolution _ti, Series 2010 — Public Hearing MEETING DATE: September 27, 2010 APPLICANT /OWNER: Dancing Bear Land, LLC REPRESENTATIVE: Jim DeFrancia, Weston Capital Corporation (Receiver) LOCATION: 219 E. Durant CURRENT ZONING & APPROVED USE Lodge zone district with a PUD Overlay L/PUD), approved for eleven (11) timeshare lodge units with twenty-one (21) keys and two (2)affordable housing units. RECOMMENDATION: Staff recommends approval with conditions. SUMMARY: The Applicant requests an extension of their vested rights to June 30, 2014 with regard to the existing approval. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: Extension of Vested Rights to extend the vested rights of the approved project to June 30, 2014, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 32, Series 2005, which allows the applicant to develop the site with eleven (I1) timeshare lodge units (with 21 keys) and two (2) affordable housing units. The ordinance vested the approval until September 8, 2008. The applicant submitted a building permit application during the vesting period, was issued a building permit and began construction of the project. Construction has halted due to financing issues and the project is currently in receivership (Exhibits B & D). Figure 1: Approved Site Plan According to Section 26.304.070 (D), Expiration of development order, the development order "shall remain valid subject to applicable limitations of the International Building Code." The Chief Building Official, Stephen Kanipe, has permitted an administrative extension until June 30, 2011, to allow the building permit to remain active. If work does not progress on the project, the development order will expire on June 30'h. The applicant recognizes the unlikelihood of the project restarting prior to the outlined date and is therefore requesting an extension of the project's vested rights. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights until June 30, 2014, pursuant to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's Land Use Code. The review criteria are addressed in Exhibit A. Additionally, Council should consider including an extension of the active building permit to run concurrently with the extension request to maintain an active permit. Staff Comment: The Applicant is requesting the extension of their vested rights because of the current litigation and bankruptcy petition. As noted in Exhibit B, the Applicant feels that it will take a minimum of 36 months to successfully resolve these issues. Additionally, the developer has invested a large sum if money (estimated at $6, 000, 000.00) into the current project. A building permit has been issued for the project, costly development activities such as architectural/engineering costs, city development fees, infrastructure development and some building construction have occurred in reliance of the permit issued and approvals granted. The Applicant is requesting an extension of vested rights before City Council rather going to court and petitioning for a determination of 'common law vesting. 'Staff believes that the extension of vested rights would benefit the City by a developer being able to eventually complete the approved project in the downtown. A number of conditions are included below from both the Engineering and Building departments to address site issues while the project is ofjline and once it has been reactivated. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights (as well as an extension of the building permit) with an expiration date of June 30, 2014 for Dancing Bear, Phase II with the following conditions: 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 60 days of an approval of extension of vested rights, the temporary gas utility meter is still connected to the main line and subject to damage. The meter should be disconnected unless there is a need for heat. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service appears to be connected. The service should be disconnected unless there is a need for power. 4. Within 60 days of an approval of extension of vested rights, the non -galvanized bolts and nuts at the column and girder connections are rusting. The rust should be removed and the connections primed and treated with red lead. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over -laid with new asphalt from the centerline of Monarch to the curb on the west side of Monarch. Additionally from the centerline of Dean to the curb on the north side of Dean. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) was completed; however, there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. 10. Within 60 days of an approval of extension of vested rights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADA ramps. 11. Within 60 days of an approval of extension of vested rights, trash pick-up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 13. Within 60 days of an approval of extension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. �& Series of 2010, approving with conditions an extension of vested property rights for Dancing Bear, Phase II as was originally approved by Ordinance No. 32, Series of 2005 and an extension of the building permit. The new expiration date shall be June 30, 2014." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT B — Addendum from Applicant dated 8/30/10 EXHIBIT C — Public comment from Mark Freirich (9/14/10) and Rona Smith (9/16/10) EXHIBIT D - Application RESOLUTION NO. (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2005 FOR THE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3 OF THE EAMES ADDITION, BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273513106002 WHEREAS, the Community Development Department received an application from Weston Capital Corporation (Receiver), represented by Jim DeFrancia, requesting approval of an extension of the vested rights granted for the 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2005, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of eleven (11) timeshare lodge units with twenty-one (21) keys and two (2) affordable housing units until September 8, 2008; and, WHEREAS, the applicant submitted and received a building permit during the above referenced vesting period, began construction of the project, and has an active building permit until June 30, 2011; WHEREAS, a development order remains valid subject to limitations outlined within the International Building Code; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights and the building permit until June 30, 2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fords that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of Resolution No. , Series of 2010 Page 1 of 4 vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1• The Aspen City Council does hereby approve an extension of vested rights as approved by Ordinance No. 32, Series of 2005 through June 30, 2014, as well as an extension of building permit number 0037.2007.ACBK for the same time period conditioned on the following: 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 60 days of an approval of extension of vested rights, the temporary gas utility meter is still connected to the main line and subject to damage. The meter should be disconnected unless there is a need for heat. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service appears to be connected. The service should be disconnected unless there is a need for power. 4. Within 60 days of an approval of extension of vested rights, the non -galvanized bolts and nuts at the column and girder connections are rusting. The rust should be removed and the connections primed and treated with red lead. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over -laid with new asphalt from the centerline of Monarch to the curb on the west side of Monarch. Additionally from the centerline of Dean to the curb on the north side of Dean. Resolution No. _, Series of 2010 Page 2 of 4 9. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) was completed; however, there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. 10. Within 60 days of an approval of extension of vested rights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADA ramps. 11. Within 60 days of an approval of extension of vested rights, trash pick-up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 13. Within 60 days of an approval of extension of vested rights, re-establish perimeter controls to contain sediment on the site and reduce erosion on site. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the 27th day of September, 2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Resolution No.—, Series of 2010 Page 3 of 4 FINALLY, adopted, passed, and approved by a of , 2010. Approved as to form: John P. Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk Resolution No._, Series of 2010 Page 4 of 4 to (_-_) vote on this _ day Approved as to content: Michael C. Ireland, Mayor Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: The Applicant was required to record the final plat, final PUD plan, and Subdivision/PUD agreement which is required as part of Ordinance No. 32, Series 2005, Those documents were recorded February 17, 2006 As part of this application, the applicant is being required to provide certain improvements to the site as outlined in the memo. Stafffinds this criterion met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding The Applicant has pursued obtaining permits for the approved development and has been issued a building permit. Some construction has been undertaken such as structural steel framing, portions of the roof and underground level ofparking. Stafffinds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding The Applicant, thus far, has paid the city approximately $270, 000.00 in fees and undertaken approximately six million dollars in development and construction related expenditures. Stafffinds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding. Staff believes that the City would be better served with a hotel at this location and a completed project rather than an incomplete construction project. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by permitting the Applicant to finalize court actions associated with this project. Stafffinds this criterion to be met. WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN, CO 81612 970-544-6900 August 30, 2010 Mr. Chris Bendon Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Reference: Application of Weston Capital Corporation, Receiverfor Dancing Bear Residences Project— Extension of Vested Rights Request for Dancing Bear Residences Phase I1, a.k.a. the Mountainside Building (formerly the Chart House Lodge). Mr. Bendon: This letter constitutes a supplement to and modification of the eferenced Application. The extension period for the Vested Rights isnow requested for a time frame of 36 months; until June 30, 2014. It is my opinion that either a sale or a re -capitalization program would require at least 36 months to be accomplished due to the active litigation and pending bankruptcy petitions, ongoing resolution of title issues, and lead-time to determine a satisfactory completion plan for this building, including any adjustments to the existing entitlements. The project is now the subject of extensive disputesbetween Lender and Borrower and bankruptcy petitions by the Developer. Although posted for foreclosure on November 24, 2010, a successful bankruptcy petitionwill postpone that foreclosure action. In addition to findings of fact in a successful bankruptcy action, other significant issues will be examined by the Court and will be subject to review and contest by opposing parties. Resolution of the current legal issues could require as much as another 9— 12 months before title to the property is affirmatively known. In the absence of a foreclosure sale, or some other prompt resolution of ownership, the ultimate title to the property remains uncertain. That circumstance does not allow anyfurther action under the present Building F rmit before its expiration on June 30, 2011, andconsequent expiration of Vested Rights. After title issues are affirmatively resdved, a plan for developmentwill have to be formulated. At least six months could be required for preparing a proper development plan that would present the property for completion. It is also likely that a potential developer/purchaser might want to approach the City for modifications to the existing entitlements. Depending on the desired changes, this process could take several months, if not longer. The Receiver seeks this extension as it is charged with the conservation of the property and preservation of value while disputes concerning ownership and lien rights are resolved. It is in the interest of the public, as well, that this project be developed and construction completed in a timely manner. Without a reasonable extension of development rights, theinvolved parties will lose the ability to pair the project with a viable developer andthe building might sit inert for an indeterminate period to the public detriment The extension of Vested Rights until June 30, 2014, will sustain value for any foreclosure sale transaction; wi 11 also sustain value in allowing time for the eventual owner to properly assess the permitted use, including time to approach the City with any modifications to the entitlements; and will benefit the public interest. Sincerely, James M. DeFrancia, President WESTON CAPITAL CORPORATION, a Colorado Corporation, RECEIVER for DANCING BEAR RESIDENCES ASPEN E1,a�T c� Jennifer Phelan From: mafstmbttwo@aim.com Sent: Tuesday, September 14, 2010 6:26 PM To: Jennifer Phelan Cc: nlsmith@fisherwinner.com Subject: Dancing Bear Residences Phase II Follow Up Flag: Follow up Flag Status: Flagged Dear Ms. Phelan: I am the owner of Aztec unit #4, located on Dean Street immediately behind the eyesore known as Dancing Bear Residences Phase II. The application submitted by Western Capital Corporation to extend the vested rights to develop the site until June 30, 2014 should be denied. The site should be cleared and all existing improvements should be removed. The eyesore is dangerous to those who may wander onto the site and it substantially diminishes the market value of the neighborhood. The existing steel structure looks like an abandoned battleship and should be removed as quickly as possible. There is no market for the previously approved timeshare lodge development and the size and the density of the approved structure is not consistent with neighboring structures such as Aztec Condominiums. I urge the City Council to deny the petition and require the applicant to file a revised plan for the site at issue . Mark Freirich Email secured by Check Point Jennifer Phelan From: Rona Smith [ronasmith@gmail.com] Sent: Thursday, September 16, 2010 7:11 AM To: Jennifer Phelan Subject: Dancing Bear Residences Phase II Follow Up Flag: Follow up Flag Status: Flagged Dear Ms Phelan, I am the owner of Aztec # 6 which is directly behind what to everyone in town appears to be a bombed out building, better known as Dancing Bear Unfinished. I understand that Western Capital Corporation is asking to extend it's right to finish the building until 2014. Unfortunately, they were allowed to start it. We have no reason to believe that they will ever finish the building and it could sit like that for years. Not only is the building a rusted out eyesore, but this summer I often saw teenagers walking into the site at night and climbing the structure. If nothing else, I think both the city and Western Capital should worry about their moral responsibility along with their liability issues when a child falls and is seriously injured or worse. I and my family have been Aspen residents for many years and we have always taken pride in Aspen's ability to protect the wonderful place we all love from exactly this type of thing. What has happened here? Where did we fail? I am asking you to not let this go on any longer. I am pleading with the City Council to deny their petition. If they can't go forward and finish what they should have never started, then the city should force them to do something now, not in 2014. Clearing the whole mess away and planting some grass would be a good start! Thank you for your time, Rona Smith Email secured by Check Point WESTON CAPITAL CORPORATION POST OFFICE Box 1593 ASPEN COLORADO 81612 970-544-6900 June 30, 2010 Mr. Chris Bendon Community Development Director City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Application of Weston Capital Corporation Receiver for Dancing Bear Residences Aspen Project —Extension of Vested Rights Request for Dancing Bear Residences Aspen Phase Il, a.k.a. the Mountainside Building (formerly the Chart House Lodge) Dear Chris: With this letter, Weston Capital Corporation, Receiver on behalf of the Dancing Bear Residences Aspen project ("Applicant"), submits a request for the extension of the vested rights covering Phase 11 of the Dancing Bear project. A. The following information accompanies this letter: 1. Proof of ownership (copy of Vesting Deed) with check for $1,470.00 to cover the application fee and deposit. 2. Signed fee agreement. 3. Applicant's name, address and telephone numbers along with a letter signed by the Applicant which describes the names and addresses of the representatives authorized to act on behalf of the Applicant. 4. Copy of the Court Order issued in Pitkin County District Court Case No. 2010CV98 authorizing the Receiver to act on behalf of the project. 5. The street address and legal description of the parcel on which development is proposed to occur along with a Commitment for Title Insurance issued by Land Title Guarantee Company. 6. 10 copies of the complete application packet and maps. 7. An 8 1/2" by 11" vicinity map locating the parcel in the City of Aspen. 8. A written description of the proposal (set forth in Part B below) along with a list of adjacent property owners within 300' for the public hearing. WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30, 2010 Page 2 9. Copies of prior approvals. (Ordinance No. 32, Series of 2005, Planned Unit Development Agreement for Chart House Planned Unit Development and Letter dated January 7, 2010 from City of Aspen Building Official Stephen Kanipe addressed to Jean Coulter of DB Capital Holdings, LLC) B. Description of Proposal The Dancing Bear Residences Aspen project is a two-phase fractional interest/residence club (timeshare) project located in downtown Aspen. The first phase (Phase I), also known as the Dancing Bear Residences Parkside Building, is a fully functioning fractional interest project located just west of Wagner Park at the northwest corner of Monarch and Durant Streets. The Brexi Brasserie, a public restaurant/bar, operates in the commercial condominium spaces in Phase I. The second phase (Phase II), also known as the Dancing Bear Residences Mountainside Building, is located on the former Chart House site on the southwest corner of Monarch and Durant Streets. Phase II was originally approved for timeshare and public restaurant uses as the Chart House Lodge Final Planned Unit Development pursuant to Ordinance No. 32, Series of 2005. Phase II is incomplete and in construction hiatus. It currently consists of four stories of structural steel framing with an underground level of parking, a lower level and portions of a roof. Phase II received a three year vested rights period pursuant to Ordinance No. 32, Series of 2005 (see Section 3.16 of the Planned Unit Development Agreement for the Chart House Development, copy attached). An initial building permit was issued for Phase II and work commenced on Phase II in late 2007, and the vested rights for Phase II were therefore extended as the work on Phase II progressed. In 2009, work on Phase 11 stopped, with the exception of certain winterizing activities. On January 7, 2010, the City of Aspen Building Department, recognizing that the work on Phase II was stalled, issued Administrative Order No. 1, 2010 allowing the building permit for Phase II (and corresponding vested rights) to remain active until June 30,2011 (see letter dated January 7, 2010 from Stephen Kanipe addressed to Jean Coulter of Dancing Bear, copy attached). In March of 2010, WestLB A.G., the lender on both phases of the Dancing Bear Aspen Residences project, requested and received a Court Order naming Weston Capital Corporation to act as Receiver for both Phases of the Dancing Bear Residences project (see Amended Corrected Order Appointing Receiver, copy attached.) WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30, 2010 Page 3 The current application is to extend the vested rights for Phase II for an additional five (5) years beyond the June 30, 2011 expiration date of the existing building permit. In response to the review criteria for extending vested rights expressed in Section 26.308.010(C)(1)(a)-(d) of the City of Aspen Land Use Code, the Applicant provides the following additional information and responses: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: To the best of its knowledge and belief, Applicant and its predecessors have complied with all conditions that were required of them prior to the date of this application for extension of vested rights. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project. Response: As mentioned above, the building permit for Phase II was issued in 2007, and work commenced on Phase II. Approximately $6,000,000 has been expended on Phase II construction activities. C. The nature and extent of benefits already received by the City as a result of the project approval such as impact fees or land dedications. Response: Pursuant to Section 15 of Ordinance 32, Series of 2005, and in connection with the issuance of the original, initial building permit for Phase II, Park Development Impact fees totaling $ 44,214 were paid to the City of Aspen. In addition, an Occupancy Deed Restriction and Agreement for Employee Dwelling Units was executed and recorded so as to burden Phase II with leasing restrictions for two (2) category 3 employee dwelling units of 985 square feet each. d. The needs of the City and the Applicant that would be served by the approval of the extension or reinstatement request. Response: The Dancing Bear Residences Aspen project, including the incomplete Phase II, is in receivership. The project is currently unfeasible. It is anticipated by the Applicant that construction on Phase II will not resume until the national economy stabilizes and demand increases for fractional interest/residence club - type projects. Currently, it appears that Aspen's existing fractional interest/residence club projects, hotels, motels and short term occupancy WESTON CAPITAL CORPORATION Mr. Chris Bendon .Tune 30, 2010 Page 4 offerings are satisfying current demands for fractional interest/residence club uses and tourist accommodations. By extending the vested rights period, the Applicant will be better able to assist in the re -capitalization of the project and see to a well timed construction re -start to meet the needs of Aspen's fractional interest/residence club users as well as our visitors. Thus, the needs of the City of Aspen and the Applicant will be served by the approval of the vested rights extension request. Based on the forgoing, and in accordance with the review criteria contained in Section 26.308.010(C) of the City of Aspen Land Use Code, Applicant respectfully requests that the City of Aspen grant approval to extend the vested rights for Phase II of the Dancing Bear Residences Aspen project to June 30, 2016. We look forward to presenting this application to the Aspen City Council and welcome any questions or requests for additional information. Sincerely, WESTO CAPITAL -CORPORATION, a Co rado c oration, R CEIVER for DA CING AR RESII�NCES ASPEN James E 4852745_i.00C RECEPTION#: 541642, 09/04/2007 at 10:19:12 AM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN CITY OF ASPEN ggEPIPT FROM WRETT p(6MPT FROM HREff DATE REP. Ny Qo REP 00-Jal � �� (07 Q 6400 BARGAIN AND SALE DEED LCH, LLC, whose address is 201 N. Mill Street, Suite 203, Aspen, CO 81611, for Ten Dollars, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to Dancing Bear Land, LLC, whose address is 201 N. Mill Street, Suite 203, Aspen, CO 81611, the following real property in Pitkin County Colorado: Lots 6, 7, 8 and 9, Block 3, Eames Addition to the City and Townsite of Aspen, Colorado, which property is also described as Lots 6, 7, 8 and 9 within the City and Townsite of Aspen, County of Pitkin, State of Colorado. together with all its appurtenances. Dated: August 31, 2007 LCH, LLC A Colorado kmited liability company By: , A'-L 2 Name: Thomas M. Divenere Its: Manager STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me August 31, 2007, by Thomas M. DiVenere, Manager of LCH, LLC. t My commission expires Witness my hand and official seal. 01�3L) L Notary Public 1 Dancing Bear Receiver o5o P.O. Box 1593 Aspen, CO 81612 (970) 544-6900 COMMUNITY BANKS OF COLORADO ASPEN, CO 81611 82-201/1021 6/21 /2010 145 ILJ-I' w City of Aspen I $'*11470.00 One Thousand Four Hundred Seventy and 00/100..*....«*.»...........,**«....«....**...*"'****««****•••***•••••*««• �oUaa,Q 6 . City of Aspen W[116 Vested Rights Extension 1180000451l' 1:1021020131: 04538716711• Dancing Bear Receiver City of Aspen Community Banks Op Vested Rights Extension 6/21/2010 145 1,470.00 1,470.00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Weston Capital Corporation, Receiver for (hereinafter APPLICANT) AGREE AS FOLLOWS: Dancing Bear Residences Aspen 1. APPLICANT has submitted to CITY an application for Extension of Vested Rights for Phase II of Dancing Bear Residences Aspen (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 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 their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree 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 findings 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 full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $1 470, 00 which is for-6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, 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 $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees 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 witkcase processing have been paid. CITY OF ASPEN tal Corporation ences Aspen Chris Bendon JamFr� es Dencia Pesident Community Development Director Date: \. y rt 1, Billing Address and Telephone Number: P.O. Box 1593 Aspen, CO 81611 office: 970-544-6900 mobile: 970-230-1123 WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN COLORADO 81612 970-544-6900 June 30, 2010 Mr. Chris Bendon Community Development Director City of Aspen IN South Galena Aspen, Colorado 81611 Re: Dancing Bear Residences Aspen Project —Authorization of Applicant Dear Chris: This letter shall serve to inform you that Weston Capital Corporation is the duly authorized representative to act on behalf of Dancing Bear Land LLC, the record owner of Phase II of the Dancing Bear Residences Aspen project. The name, address, telephone number and e-mail address of the representative is as follows: James DeFrancia, President Weston Capital Corporation P.O. Box 1593 Aspen, Colorado 81612 telephone: (970) 544-6900 mobile: (970) 230-2311 e-mail: idefrancianhotmail.com 4857941_1. DOC Sincerely, WESTON CAPITAL CORPORATION, a Col c rporatiyn, RECEIVER for D CING EAR WESIDENCES ASPEN an _. mes DeFra ia, President ErILEI) Document CO Pitttin County District Cart Dth JD Riling Data; Mai, 17 2010 35W'ht'. MDT vVu44, a au,,w l.V N1Aj', LVjult V I RNYIt9Y C11a}•1C i'let4F 506 E. Main St., Aspen, Colorado 81611' Tel: (970) 925.7635 Fax: (970)925-6349 Plaintiff: WESTLB AQ a Gernim Banking corporation V. Defendants: DB CAPITAL HOLDINGS, LLC, a Colorado limited liability company; DANCING BEAR LAND, LLC, a Colorado limited liability company; and LCH, LLC, a Colorado limited ♦ COURT USE ONLY liability company. Matthew C. Ferguson, A.R. #25687 Chad J. Schmit, A.R. #28469 GARFIELD & HECHT, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Telephone: (970) 925-1936 Facsimile: (970) 925-3008 E-mail: f on lsarfieidbecht com Case Number: 10 CV 98 Division: 5 AMENDED ORDERt APPOINTING RECEIVER (Corrected) The Court, having considered the Verified Complaint for fix Parte Appointment of Receiver and other relief (the "Verified Complaint") of WESTLB AG, a German banking corporation ("Plaintiii"), and being fully advised in the premises, hereby finds that: 1. Weston Capital Corporation ("WCC'% a Colorado company, is an entity to be appointed as Receiver for the PropertyZ and James DeFrancia is a suitable person within that entity. ' The only changes In this amended order are on page le, Faragrapbs Q, Rand T. These changes were made to District Court, Pitkin County, Colorado; Case No. 10 CV 98 W=LB AG v. DB CAPITAL HOLDINGS, LLC, or at, Amended Order Appointing Receiver (Corrected Copy) Page 2 of 12 2, The allegations set forth in the Verified Complaint otherwise establish a right to the relief requested. THE, IT IS ORDERED THAT: A. WCC (the "Receiver") is appointed as Receiver for the Property, and it and Mr, DeFrancia shall forthwith take physical possession of, manage, operate and protect the Property, B. The Receiver shall have all the powers and authority usually held by receivers and reasonably necessary to accomplish the purposes herein stated including, but not limited to, the following powers which may be exercised without further order of the Court: (1) to take charge of the Property and the improvements thereon and its deposits, contracts, rents, issues and profits, and any and all personal property used or associated therewith, regardless of where such, property is located, including, but not limited to, deposits, contracts, rental payments, lease payments, bank accounts, security deposits, records, contracts, leases, rent rolls, fixtures, furniture, appliances, supplies, construction materials, and equipment used or associated therewith (all collectively hereinafter referred to as the "Receivership Property"); (2) to maintain and protect the Receivership Property and purchase appropriate insurance for the Receivership Property, (3) to retain existing employees of the Defendant(s) or related parties as Defendant's employees in order to continue any business operations, in which case payroll taxes, workers compensation insurance, and related costs will be carried and reported as those of the Defendant, acid not of the Receivership Estate, unless agreed to otherwise by the parties. (4) to collect in a timely fashion any rents and payments now due or which may hereafter become due from tenants of the Receivership Property; (5) to pay any taxes on, or incurred in ownership or operation of, the Receivership Property as they become due; (6) to deposit all sums collected by the Receiver in a bank account or accounts in his name as Receiver and to make withdrawals from and issue checks upon the batik accounts; , v The Property is composed of a luxury, full -service resort with 20 luxury resort condominium units on two separate parcels, and rotated amenities, including a lodge restaurant, a barllounge, subbasement far storage, meeting and conference space, a recreation and media area, a rooftop "owners" area with exercise room, and an underground Parking garage. A description of the Property is also set forth In the Loan Documents and annexed hereto as Exhibit "1" is a copy of the Legal Description. 531276-1 District Court, Pitkin County, Colorado; CAN No, 10 CV 98 WESTU AG Y. DB CAPITAL H=BVGS, LLC, et al. Amended order Appointing Receiver (Corrected Copy) Page 3 of 12 (7) to account to the Court for all stuns received and expenditures made; (8) to report to the. Court from time -to -time; (9) to repair and maintain the improvements that constitute the Receivership Property as the Receiver deems appropriate; (10) to negotiate, renegotiate, rntify or enter into leases, contracts or other agreements related to the sale of units, maintenance, operation or leasing of the Receivership Property, subject to the following provisions: (1) for contracts or other agreements related to the operation of the Receivership Property having a primary duration of one year or less, without Court approval; (ii) For contracts or agreements having a duration of more than one year, only with Court approval. Any lease, contract, or modification of an existing lease or contract which the Receiver proposes to execute shall be served upon all parties to this action (with the exception of hotel condominium trait rentals made in the usual course of business). Court approval shall be granted as a matter of course unless an objection to such lease, contract, modification, or other agreement is filed with the Court grid served upon all parties within five business days after the service of written notice of the proposed lease, contract, agreement or modification. Service of a copy of the Receiver's Motion under Rule 5, C.R.C,P, shall constitute service of written notice hereunder, Any lease or lease modification executed by the Receiver and approved pursuant to this section shall be binding upon Plaintiff and Defendants, all subsequent owners of the Receivership Property, any purchaser of the Receivership Property at a public sale, any person who redeems the Receivership Property after a public sale, and any subsequent purchaser of the Receivership Property. (11) to deal with professionals in connection with the Receivership Property, including Wring a management company to engage in the day-to-day management of the Receivership Property; (12) to hire and retain such legal counsel, accountants, and other professionals as are reasonably necessary to represent, advise and assist the Receiver and to pay such professionals from the proceeds of the Receivership Property without Bother application to, or order of, the Court; (13) to commence or continue legal proceedings to enforce the terms of any leases or contracts relating to the Receivership Property, to eviot any tenants who are in default under their leases and collect delinquent rentals and other amounts, or as necessary to effectuate the terms of this Order; 531276-1 District Court, Pit1dn County, Colorado; Case No. to CV 98 WESTLB AG v DB CAPPTAL HOLDINGS, LLC, at ol. Amended Order Appointing Receiver (Corrected Copy) Page 4 of 12 (14) to use rents and receipts from the Receivership Property and such funds as may be advanced by third parties or by Plaintiff for the payment of expenses of the Receivership mid of the Receivership Property; (15) to borrow money for the purposes of the Receivership; (16) to issue Receiver's Certificates substantially in the form attached hereto as Exhibit 11211, in exchange for funds advanced by third parties or Plaintiff for expenses of the Receivership, which Receiver's Certificates shall bear interest per annum at a rate not to exceed 5 % above the prime lending rate quoted by The Wall Street Journal, as the same may be announced from time -to -time, adjusted monthly, and which Receiver's Certificates shall be a first lien and priority claim upon the Receivership Property and which may be recorded in the county where the Receivership Property is located to evidence such lien; provided, however, that the issuance of any Receiver's Certificate shall be subject to Court approval, after notice to all parties, pursuant to the provisions of paragraph B(10)(ii), above; (17) to notify any insurers of the Receivership Property of the pendency of these proceedings, and that, subject to the prior rights of any person possessing a lien on the Receivership Property, any proceeds paid under such policies shall be paid to the Receiver; (18) to contract for capital improvements with respect to all or any portion of the Receivership Property. With respect to capital improvements, however, if such improvements exceed the amount of $5,000, the Receiver shall seek court approval prior to commencing the improvements, pursuant to the provisions of Paragraph 13{10)(ii), above; (19) to settle mechanics' liens against the Receivership Property by making recommendations for settlement to this Court. The recommendations will be deemed accepted by the parties and authorized by the Court unless objections to the settlement are filed and served upon all parties within eight business days after the date the settlement recommendation is served upon all parties; (20) to open and review mail directed to Defendant and its representatives pertaining to the Receivership Property; (21) to exercise all rights of the Defendant with respect to all condominium and other associations relating to the Receivership Property, including voting and sitting on the governing board of such associations, and having access to all books and records of such associations; (22) If the Receiver finds it is in the best interest of the Property to exercise its right to control Home Owners' Association, the Receiver shall be authorized to take any act which the Declarant is authorized to take under the terms of that certain Declaration of Condominium recorded on ... of the Public Records of PiWn County, and is specifically authorized to: 531276-1 District Court, Pitkin County, Colorado; Case No, 10 Cv 98 )fT STLB AG Y. DR CAPITAL HOLDINGS, LLC, at al. Amended Order Appointing Receiver (Corrected Copy) Page 5 of 12 a. Obtain the resignation of Thomas Divenere; the Declarant appointed members of the initial Board of Directors of the Association. b. Appoint replacement members to the Board of Directors of the Association in the same manner as the Declaration provides for. c. File the Annual Report with the Secretary of State on behalf of the Association reflecting all changes made to its principal office address, registered agent and registered offices, and identifying the replacement members of the Board of Directors and officers as may be deemed necessary by the Receiver; and d. Perform all other duties and obligation of the Declarant set forth in the Declaration to facilitate the continued operation and management of the Association in as much as the action performed in the name of, and on behalf of; the Association is deemed reasonably necessary to accomplish the purpose of this Receivership, including providing any and all required notices to unit owners and holding of unit owner meetings required by the Declaration. e. The Receiver may employ legal counsel to advise on matters related to the owners association. f. The Receiver and any employees, agents and attorneys retained by the Receiver shall have no liability for any obligations or debts incurred by the Association, and shall have no claim asserted against them relating to the Receiver's duties without prior authority from this court. (23) to exercise such other necessary or usual powers for the possession, use and enjoyment of the Receivership Property, and its rents, issues, profits, income, bank accounts and any and all deposits held as security under all leases affecting the Receivership Property; and (24) to pay reasonable monthly compensation to any management company which he retains; (25) on a monthly basis, to pay himseWherself $200.00 per hour as compensation for his services as Receiver and to reimburse himself for customary expenses incurred; the Receiver shall periodically report to the court any compensation paid and seek approval therefor; (26) if possible, to make principal and interest payments toward any obligation which is secured by a lien on the Receivership Property, in the order of their priority of record. C. The Receiver shall not be obligated to file any federal or state income tax returns, schedules or other forms, which continue to be an obligation of the Defendants. 531276-1 D)strict Court, Pitidn County, Colorado; Case No. 1 D CV 9s MESTLB AG v. DB CAPITAL HOLDINGS, LLC, el at. Amended Order Appointing Receiver (Corrected Copy) Page 6 of 12 D. The Receiver shall prepare and serve on Plaintiff and Defendants interim reports of the condition and operation of the property in the Receivership Estate within thirty (30) days of the closing of each accounting period or month. These interim reports shall include the Receiver's fees and expenses of the Receivership estate, including fees and costs of accountants and attorneys authorized by the Court, incurred for each reporting period in the operation and administration of the Receivership estate. The Receiver shall follow accounting standards typical for similar properties, and may enlist the aid of accountants for preparation of Receiver's reports to the Court. Upon service of each report, if not objections are received, the Receiver may disburse from estate funds, the amount of each statement. Notwithstanding periodic payment of fees and expenses, all fees and expenses shall be submitted to the Court for approval at the hearing to discharge the Receiver. E. Contempt: Upon the failure of the Defendants, their agents, representatives and all persons acting under, in concert with, or for them, to abide by any term or condition of this order, the Receiver may petition this court for further action to compel and enforce this Order. P. Instructions in the Event of a Bankruptcy Filing (A) Defendants' Duty to (live Notice of Bankruptcy: In the event that a bankruptcy case is filed by any Defendant(s) during the pendency of this Receivership, De£endant(s) must give notice of sale to this Court, to all patties, and to the Receiver, within 24 hours of bankruptcy filing. (B) Receiver's Duties if Bankruptcy is Filed: Upon receipt of notice that a bankruptcy has been filed which includes as part of the bankruptcy estate any property which is the subject of this Order, the Receiver shall do the following: (i) Immediately Turn Over the Property If No Relief From Stay or Motion to Dismiss the Bankruptcy will be sought, The Receiver shall immediately contact the Plaintiff, and determine whether that party intends to move In the Bankruptcy Court for an order for both: (a) relief from the automatic stay or motion to dismiss and (b) relief from the Receiver's obligations to turn over the property (1) U.S.C. Section 543). If the Plaintiff indicates no intention to file such a motion within 10 days, then the Receiver shall immediately turn over the property (to the trustee in bankruptcy, of if one has not been appointed, then to the Defendant) and otherwise comply with 11 U.S.C. Section 543. (ii) Remain in Possession and Preserve the Property, Pending Resolution of Motion for Relief From Stay and Turnover, or Motion to Dismiss: 531276-1 District Court, Pitkin County, Colorado; Case No. 10 CV 98 WESTLB AG v. DB CAPITAL HOLDWGS, LLC, Val. Amended Order Appointing Receiver (Corrected Copy) Page 7. of 12 If the Plaintiff notifies the Receiver of its intention to immediately seek relief from the automatic stay or file a motion to dismiss, then the Receiver is authorized to remain in possession and preserve the property pending the outcome of those motions pursuant to 11 U.S.C. Section 543(a). The Receiver's authority to preserve the property is limited as follows: The Receiver may continue to collect rents, issues, and profits. The Receiver may wake disbursements, but only those which are necessary to preserve and protect the property. The Receiver shall not execute any new leases or other longterm contracts. The Receiver shall do nothing that would effect a material change in circumstances of the property. (iii) The Receiver is Authorized to Retain Legal Counsel to Assist the Receiver with the Bankruptcy Proceedings. G. Defendants and (upon notice of this Order) all persons in active participation with them (including, but not limited to, banks, accountants, employees and other agents) are ordered: (1) to deliver immediately to the Receiver or his agents all of the Receivership Property, properly endorsed to the Receiver when necessary; (2) to continue to deliver imumcliately to the Receiver any of the Receivership Property which comes into their possession at any time in the future; (3) when necessary or when requested, to explain the operation, maintenance and management of the Receivership Property to the Receiver; and (4) to permit the Receiver to carry out his duties hereunder without interference. R Instructions from the Court; The Receiver and the parties to this case may at any time apply to this Court for instructions or orders. The Court may grant any order requested by the Receiver, without further notice of hearing, if no objection is filed with the Court and served on the Receiver, and the parties within twenty days after filing and service of the Receiver's request. I. General Provisions, (A) No person or entity shall file suit against the Receiver, or take other action against the Receiver, without an order of this Court permitting the suit or action provided, however, that no prior court order is required to file a motion in this action to enforce the provisions of this Order or any other order of this Court in this action. (B) The Receivership Estate and its employees, agents, attorneys and all professional and management companies retained by the Receiver shall have no liability for any obligations, or debts incurred by Defendants. The Receiver and its employees, agents and attorneys shall have 531276-1 District Court, Pitkin County, Colorado; Case No. 10 CV 98 WESTLB AG v. DB cerrAL HOLDINGS LLC, at al. Amended Order Appointing Receiver (Corrected Copy) Page 8 of 12 no personal liability, and they shall have no claims asserted against them relating to the Receiver's duties under this Order, without prior authority from this Court as stated in (A) above. (C) Noting contained in the order of the Court shall be construed as obligating or permitting the Receiver to advance its own funds to pay any costs and expenses of the Receivership Estate. J. Nothing herein contained shall be construed as interfering with or invalidating any lawful lien or claim upon the Receivership Property by any person or corporation. R. Notwithstanding anything to the contrary contained in this Order, the Receiver shall not take any action with regard to ownership, operation, control, storage, generation, or disposal of: (1) any substance deemed a "hazardous substance," "pollutant," "contaminant," or similar substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C, §§ 9601- 9657, the Solid Waste Disposal Act of 1965, as amended by the Resource Conservation and Recovery Act of 1976, the Solid Waste Amendments of 1984, the Superfund Amendments and Reauthorization Act of 1986, any other amendments thereto, or (2) any other chemical, toxant, pollutant, or substance defined as hazardous or dangerous to human health under any other federal, state, or local law, regulation, rule, or ordinance, including, without limitation thereto, petroleum, crude oil, or any fraction thereof, (all collectively referred to herein as "Hazardous Substances"), without first applying for and obtaining an order of this Court specifically setting forth the action or actions proposed to be taken by the Receiver. Without first applying for and obtaining such an order of this Court, the Receiver shall have no ownership, control, authority or power, nor shall he have any obligation to exercise ownership, control, authority, or power, over the operation, storage, generation, or disposal of any Hazardous Substances. All disputes over, and decisions regarding, the ownership, operation, control, storage, generation, and disposal of any Hazardous Substances shall be resolved by this Court. L. The costs of this receivership, including the full amount and interest on Receiver's Certificates, may, at the option of the Plaintiff, be taxed as additional costs by the Public Trustee of Pitkin County, Colorado, in the event that a care of a pending foreclosure, if any, is tendered or a foreclosure sale is held and the Receivership Property is redeemed by the Defendant or any lienor with a record interest in the Receivership Property inferior to that of the Plaintiff. M. The parties to this action and their agents are hereby enjoined and restrained f om involving themselves in the possession, operation or management of the Receivership Property, or in any way from interfering with the duties or performance of the Receiver. 531276-1 District Court, Pitkin County, Colorado; Case No. 16 CV 98 WHSTLB AG Y. DB CAPITAL HOLDINGS, LLC at a1 Amended Order Appointing Receiver (Corrected Copy) Page 9 of 12 N. The Receiver shall continue in possession of the Property during the pendency of any foreclosure of the Deed of Trost, including all periods of redemption, if any, and during such further period as the Court may order. 0. Plaintiff shall give notice of the appointment of the Receiver by mailing a copy of this Order via first class mail to all persons having a recorded interest in the property junior and subordinate to the Deed of Trust at their addresses shown in the real property records. Plaintiff shall also mail a copy of this order via certified mail to Defendant. Plaintiff may file a copy of this Order in the real property records of Pitldn County. P. Any further notice required to be given hereunder shall be deemed served on the date it is deposited in the United States mail, first class postage prepaid, to counsel of record for any party, or directly to any party not represented by counsel, and any computation of time for purposes of this Order, unless otherwise specified herein, shall be governed by the provisions of C.R.C.P. 6 (a) Q. Before entering upon his duties, the Receiver shall be sworn to perform his duties faithfully, and shall execute and file an undertaking with the people of the state of Colorado (similar to an Oath of Receiver) to the effect that he will faithfully discharge his duties and will pay over and account for all money and property which may come into his hands as the court may direct, and will obey the orders of the court. R. The Receiver shall post a bond in the amount of $10,000 for the faithful performance of his duties, unless otherwise ordered by the Court. 531276.1 District Court, Pitldn County, Colorado; Case No. 10 CV 98 WESTLB AO v. DB CAPITAL HOLDWOS, LLC et al. Amended Order Appointing Receiver (Corracted Copy) Page 10 or72 S. The Receiver serves herein, and discharges all his duties under this Order, as an officer of this Court, solely in a representative capacity, and not In an individual capacity, and does not, iti being appointed as Receiver or by acting as Receiver hereunder, thereby become personally liable to any person or governmental entity under any law, statute, rule, regulation, or other doctrine of law or equity. T. Plaintiff shall serve on all defendants without delay, as provided in C.R.C.P. 4., copies of the summons, complaint and order appointing the receiver, and this amended order appointing receiver, Dated this 21—day of March, 2010; nuns pro tunc March 15, 2010 531276-1 District Court, Piddat County, Colorado; Case No, 10 CV 98 WESM AG v. DB CAPITAL HOLDINGS, LLC er al. Amended Order Appointing Receiver (Corrected Copy) Page I 1 of 12 EXHIBIT I Legal Description of Property Parcel A: Chart house Lodge according to the Final PUD and Subdivision Plat recorded February 17, 2006 in Plat Book 77 at Page 49 under Reception No. 520960, Formerly known as: Lots 6, 7, 8, and 9, Block 3, Eames Addition to the City and Townsite of Aspen, Colorado, which property is also described as Lots 6, 7, 8, and 9, Block 3, Eames Addition to the City and Townsite of Aspen and also that Part of Lots 6, 7, 8 and 9 within the City and Towasite of Aspen, County of Pitkin, State of Colorado. also known by street number as 219 E, Durant Ave., Aspen, CO 81611, and Parcel B: Dancing Bear Residences Aspen, according to the Condominium Map recorded January 23, 2009 under Reception No. 555975 and as defined and described in the Condominium Map declaration recorded January 23, 2009 under Reception NO. 555974, together with the exclusive right to possession and occupancy of a comparable residence during the residence weeks reserved by the owner pursuant to the rules, regulations and reservation procedures recorded January 23, 2009 under Reception No. 555976. County of Pitkin, State of Colorado. also Imown by street number as 411 S. Monarch St., Aspen, CO 81611, 531216.1 District Court, Pitkin Counry, Colorado; Case No. 10 CV 99 WESTLB AC v. DB CAPITAL HOLDINGS, LX,, et at. Amended Order Appointing Receiver (Corrected Copy) Page 12 of 12 EXHIBIT 2 TO ORDER APPOINTING RECEIVER RECEIVER'S CERTIFICATE AUTHORIZED ISSUE $ No. $ This is to certify that for value received, Weston Capital Corporation, a Colorado company, and James DeFrancia, a person within that entity, as Receivers, are indebted to the bearers hereof in the sum of $ , payable at the office of said Receiver, with interest per annum from the date hereof at a rate of S % above the prime lending rate quoted by The Wall Street Journal, as the same may be announced from time -to -lime, adjusted monthly. This Certificate is part of an issue of certificates authorized by an order of the District Court for Piticin County, Colorado, dated , 2010, Civil Action No. (the "Order"). This Certificate is subject to and payable in accordance with the terms of the Order. Without limiting the preceding, this Certificate constitutes a just and prior lien on the real property situated in Piticin County, Colorado, more fully described in that certain Deed of Trust recorded in the real property records of Piticin County on , under Reception No. _ along with all the improvements thereon and its rents, issues and profits, and any and all personal property used or associated therewith, regardless of where such property is located, including, but not limited to, rental payments, lease payments, bank accounts, security deposits, records, contracts, leases, rent rolls, fixtures, furniture, appliances, supplies, construction materials, and equipment used or associated therewith, and the holder of this Certificate shall have no recourse against the Receiver personally for payment of this Certificate. This Certificate and all rights and liens thereunder shall be transferable by delivery. IN WITNESS WHEREOF, the Receiver has, pursuant to the Order, hereunto subscribed his name this day of _._, 2010. RECEIVER: _ Weston Capital Corporation, a Colorado company RECEIVER: James DeFrancia 531276-t Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 04-05-2010 Our Order Number: QFD62003309 Property Address: 411 SOUTH MONARCH AND 219 EAST DURANT ASPEN CO 81611 WESTON CAPITAL CORPORATION PO BOX 1593 ASPEN, CO 81611 Attn: JEAN COULTER Phone: 970-429-6502 Copies: I EMaib jean@dancingbearaspen.com Linked Commitment Delivery If you have any inquiries or require further assistance, please contact Title Department Phone: 970-925-1678 Fax: 970-925-6243 roam DELIVERY.L PIB/ORT PROPERTY INFORMATION BINDER Our Order No. QFD62003309 I LTG Policy No. LTAQ6Z003309 Liability: Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES WESTON CAPITAL CORPORATION herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of March 29, 2010 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: DANCING BEAR LAND LLC, A COLORADO LIMITED LIABILITY COMPANY 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company PIB/ORT j LTG Policy No. LTAQ62003309 Our Order No. QFD62003309 3. The land referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: PARCEL A: LIEN EVIDENCED BY STATEMENT OF SHAW BUILDERS LLC IN THE AMOUNT OF $415,278.66 RECORDED APRIL 27, 2009, UNDER RECEPTION NO. 558314 AND RERECORDED APRIL 29, 2009 UNDER RECEPTION NO. 558409 AND AMENDMENT TO LIEN REDUCING THE AMOUNT OF THE LIEN TO $45,583.61 WAS RECORDED AUGUST 5, 2009 UNDER RECEPTION NO. 561668 AND SECOND AMENDMENT TO STATEMENT OF LIEN INCREASING THE AMOUNT OF THE LIEN TO $191,510.09 WAS RECORDED OCTOBER 9, 2009 UNDER RECEPTION NO. 563543. 2. DEED OF TRUST DATED JUNE 15, 2006, FROM LCH LLC TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $53,000,000.00 RECORDED JUNE 15, 2006, UNDER RECEPTION NO. 525313. 3. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED JUNE 15, 2006 UNDER RECEPTION NO. 525314. 4. DEED OF TRUST DATED SEPTEMBER 22, 2006, FROM LCH LLC TO THE PUBLIC TRUSTEE Land Title Guarantee Company Representing Old Republic National Title Insurance Company j LTG Policy No. LTAQ62003309 Form Our Order No. QFD62003309 4. The following documents affect the land: (continued) OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $5,000,000.00 RECORDED OCTOBER 02, 2006, UNDER RECEPTION NO. 529251. 5. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED OCTOBER 02, 2006 UNDER RECEPTION NO. 529253. 6. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 175 AT PAGE 298. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 175 AT PAGE 298. 8. TERMS, CONDITIONS AND PROVISIONS OF CERTIFICATE RECORDED SEPTEMBER 03, 1976 IN BOOK 316 AT PAGE 235. 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MARCH 16, 1987, IN BOOK 531 AT PAGE 345. 10. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT AGREEMENT RECORDED NOVEMBER 06, 1997 AT RECEPTION NO. 410362. 11. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE RECORDED JULY 14, 1999 AT RECEPTION NO. 433366. 12. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 48 (SERIES 2003) APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT RECORDED NOVEMBER 06, 2003 AT RECEPTION NO. 490830. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2 (SERIES 2004) RECORDED APRIL 09, 2004 AT RECEPTION NO. 496329, Form 4. The following documents affect the land: (continued) LTG Policy No. LTAQ62003309 Our Order No. QFD62003309 14. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 32 APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT RECORDED OCTOBER 11, 2005 AT RECEPTION NO. 516050. 15. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE FINAL PUD AND SUBDIVISION PLAT OF THE CHART HOUSE LODGE RECORDED FEBRUARY 17, 2006 UNDER RECEPTION NO. 520960. 16. TERMS, CONDITIONS AND PROVISIONS OF PUD AGREEMENT RECORDED FEBRUARY 17, 2006 AT RECEPTION NO. 520961. 17. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE AGREEMENT RECORDED JUNE 11, 2007 AT RECEPTION NO. 538776. 18. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF LOAM] AGREEMENT RECORDED OCTOBER 19, 2007 AT RECEPTION NO. 543334. 19. TERMS, CONDITIONS AND PROVISIONS OF DEED RESTRICTION RECORDED MAY 12, 2008 AT RECEPTION NO. 549089. PARCEL B: 20. DEED OF TRUST DATED JUNE 15, 2006. FROM DANCING BEAR LAND LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $53,000,000.00 RECORDED JUNE 15, 2006, UNDER RECEPTION NO. 525311. PARTIAL RELEASES, WERE RECORDED ON: APRIL 29, 2009 UNDER RECEPTION NO. 558388, APRIL 29, 2009 UNDER RECEPTION NO. 558389 AND JANUARY 19, 2010 UNDER RECEPTION NO. 566345, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568086, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568088, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568090. 21. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED JUNE 15, 2006 UNDER RECEPTION NO. 525312. LTG Policy No. LTAQ62003309 Our Order No. QFD62003309 4. The following documents affect the land: (continued) 22. DEED OF TRUST DATED SEPTEMBER 22, 2006, FROM DANCING BEAR LAND LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $5,000,000.00 RECORDED OCTOBER 02, 2006. UNDER RECEPTION NO. 529252. PARTIAL RELEASES, WERE RECORDED ON: APRIL 29, 2009 UNDER RECEPTION NO. 558387, APRIL 29, 2009 UNDER RECEPTION NO. 558390 AND JANUARY 19, 2010 UNDER RECEPTION NO. 566344, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568085, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568087, RECORDED MARCH 31, 2010 UNDER RECEPTION NO. 568089. 23. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED OCTOBER 02, 2006 UNDER RECEPTION NO. 529254. 24. LIEN EVIDENCED BY STATEMENT OF SHAW BUILDERS LLC IN THE AMOUNT OF $7.163,631.42 RECORDED MARCH 03, 2009, UNDER RECEPTION NO. 556853 AND AMENDMENT TO STATEMENT OF LIEN REDUCING THE AMOUNT OF THE LIEN TO $2,679.685.48 WAS RECORDED MARCH 31, 2009 UNDER RECEPTION NO. 557661, AMENDED STATEMENT OF LIEN REDUCING THE AMOUNT OF THE LIEN TO $233,753.89 WAS RECORDED JUNE 18, 2009 UNDER RECEPTION NO. 560054, AMENDED STATEMENT OF LIEN REDUCING THE AMOUNT OF THE LIEN TO $92,599. 39 WAS RECORDED AUGUST 5, 2009 UNDER RECEPTION NO. 561667 AND AMENDED STATEMENT OF LIEN INCREASING THE AMOUNT OF THE LIEN TO $410,407.38 WAS RECORDED OCTOBER 9, 2009 UNDER RECEPTION NO. 563544, AMENDMENT RECORDED MARCH 17, 2010 UNDER RECEPTION NO. 567738 CHANGING AMOUNT OWNED TO $373,870.44 AND AFFIDAVIT OF NON COMPLETION RECORDED MARCH 17, 2010 UNDER RECEPTION NO. 567739. 25. LIS PENDENS IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN ENTITLED WESTLB AG, PLAINTIFF(S), VS DB CAPITAL HOLDINGS LLC ET AL, DEFENDANT(S), RECORDED MARCH 18, 2010, UNDER RECEPTION NO. 567768, CIVIL ACTION NO. IOCV98. APPLIES TO PARCEL A AND B 26. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED DECEMBER 24, 1887 IN BOOK 59 AT PAGE 564 AND JULY 19, 1889 IN BOOK 59 AT PAGE 571, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 27. TERMS, CONDITIONS AND PROVISIONS OF MULTIPURPOSE EASEMENT AGREEMENT ELECTRIC AND COMMUNICATION UTILITIES RECORDED JUNE 15, 1976 IN BOOK 313 AT LTG Policy No. Form PIB/ORT Our Order No. QFD62003309 4. The following documents affect the land: (continued) PAGE 246. 28. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN IN THE SURVEY RECORDED JUNE 9, 1997 IN PLAT BOOK 44 AT PAGE 11 AND FINAL PUD PLAN AND PLAT FOR DANCING BEAR LODGE RECORDED JUNE 8, 2004 UNDER RECEPTION NO. 498443. 29. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 29 (SERIES 2003) APPROVING THE DANCING BEAR LODGE PRESERVATION PUD APPLICATION RECORDED JUNE 08, 2004 AT RECEPTION NO. 498441. 30. TERMS, CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JUNE 08, 2004 AT RECEPTION NO. 498442. 31. TERMS, CONDITIONS AND PROVISIONS OF INDEMNIFICATION AND TEMPORARY EXCAVATION AND SHORING SYSTEM EASEMENT AGREEMENT RECORDED OCTOBER 30, 2006 AT RECEPTION NO. 530449. 32. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED AUGUST 28, 2007 AT RECEPTION NO. 541427. 33. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED MARCH 24, 2008 AT RECEPTION NO. 547698. 34. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#22, SERIES OF ZOOS RECORDED AUGUST 01, 2008 AT RECEPTION NO. 551560. 35. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 34, SERIES OF 2008 RECORDED DECEMBER 31, Z008 AT RECEPTION NO. 555408. 36. CONDOMINIUM DECLARATION FOR DANCING BEAR RESIDENCES ASPEN, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 23, 2009, UNDER RECEPTION NO. 555974. Our Order No. QFD62003309 I LTG Policy No. LTAQ62003309 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: CHART HOUSE LODGE ACCORDING TO THE FINAL PUD AND SUBDIVISION PLAT RECORDED FEBRUARY 17, 2006 IN PLAT BOOK 77 AT PAGE 49 UNDER RECEPTION NO. 520960. FORMERLY KNOWN AS: LOTS 6,7,8 AND 9, BLOCK 3, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COLORADO, WHICH PROPERTY IS ALSO DESCRIBED AS LOTS 6, 7, 8 AND 9, BLOCK 3, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN AND ALSO THAT PART OF LOTS 6, 7, 8 AND 9 WITHIN THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B DANCING BEAR RESIDENCES ASPEN, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 23, 2009 UNDER RECEPTION NO. 555975 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 23, 2009 UNDER RECEPTION NO. 555974, TOGETHER WITH THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF A COMPARABLE RESIDENCE DURING THE RESIDENCE WEEKS RESERVED BY THE OWNER PURSUANT TO THE RULES, REGULATIONS AND RESERVATION PROCEDURES RECORDED JANUARY 23, 2009 UNDER RECEPTION NO. 555976. COUNTY OF PITKIN,STATE OF COLORADO. Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records'; those records which impart constructive notice of matters relating to said land; (c) "Dale": the effective dale; (d) "tire Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "die Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of die following: (a) Taxes or assessments which are not shown as existing liens by the records of any lazing authority that levies taxes or assessments on real property or by the Public Records: taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpalented mining claims; reservations or exceptions in patents or in Acts authorizing [tie issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways an which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (it) Mechanic's Beals), judgments) or other Beals). (a) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Dale; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to Institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases when the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement In writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by (lie Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PRORT Cover Page 1 of 2 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the habilly exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement In writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of tire American Arbitration Association. Issued though the Office of: LAND TITLE GUARANTEE COMPANY 533 E HOPKINS 8102 ASPEN, CO 81611 970-925-1678 — �r" A med Sgri ture PIB.ORT Cover Page 2 of 2 WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN COLORADO 81612 970-544-6900 June 30, 2010 Mr. Chris Bendon Community Development Director City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Application of Weston Coital Corporation Receiver for Dancing Bear Residences Aspen Project —Extension of Vested Rights Request for Dancing Bear Residences Aspen Phase II a.k.a. the Mountainside Building (formerly the Chart House Lodge) Dear Chris: With this letter, Weston Capital Corporation, Receiver on behalf of the Dancing Bear Residences Aspen project ("Applicant"), submits a request for the extension of the vested rights covering Phase II of the Dancing Bear project. A. The following information accompanies this letter: 1. Proof of ownership (copy of Vesting Deed) with check for $1,470.00 to cover the application fee and deposit. 2. Signed fee agreement. 3. Applicant's name, address and telephone numbers along with a letter signed by the Applicant which describes the names and addresses of the representatives authorized to act on behalf of the Applicant. 4. Copy of the Court Order issued in Pitkin County District Court Case No. 201 OCV98 authorizing the Receiver to act on behalf of the project. 5. The street address and legal description of the parcel on which development is proposed to occur along with a Commitment for Title Insurance issued by Land Title Guarantee Company. 6. 10 copies of the complete application packet and maps. 7. An 8 1/2" by I I" vicinity map locating the parcel in the City of Aspen. 8. A written description of the proposal (set forth in Part B below) along with a list of adjacent property owners within 300' for the public hearing. WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30, 2010 Page 2 9. Copies of prior approvals. (Ordinance No. 32, Series of 2005, Planned Unit Development Agreement for Chart House Planned Unit Development and Letter dated January 7, 2010 from City of Aspen Building Official Stephen Kanipe addressed to Jean Coulter of DB Capital Holdings, LLC) B. Description of Proposal The Dancing Bear Residences Aspen project is a two-phase fractional interest/residence club (timeshare) project located in downtown Aspen. The first phase (Phase I), also known as the Dancing Bear Residences Parkside Building, is a fully functioning fractional interest project located just west of Wagner Park at the northwest corner of Monarch and Durant Streets. The Brexi Brasserie, a public restaurant/bar, operates in the commercial condominium spaces in Phase I. The second phase (Phase II), also known as the Dancing Bear Residences Mountainside Building, is located on the former Chart House site on the southwest corner of Monarch and Durant Streets. Phase II was originally approved for timeshare and public restaurant uses as the Chart House Lodge Final Planned Unit Development pursuant to Ordinance No. 32, Series of 2005. Phase II is incomplete and in construction hiatus. It currently consists of four stories of structural steel framing with an underground level of parking, a lower level and portions of a roof. Phase II received a three year vested rights period pursuant to Ordinance No. 32, Series of 2005 (see Section 3.16 of the Planned Unit Development Agreement for the Chart House Development, copy attached). An initial building permit was issued for Phase II and work commenced on Phase II in late 2007, and the vested rights for Phase lI were therefore extended as the work on Phase II progressed. In 2009, work on Phase lI stopped, with the exception of certain winterizing activities. On January 7, 2010, the City of Aspen Building Department, recognizing that the work on Phase II was stalled, issued Administrative Order No. 1, 2010 allowing the building permit for Phase II (and corresponding vested rights) to remain active until .Tune 30,2011 (see letter dated January 7, 2010 from Stephen Kanipe addressed to Jean Coulter of Dancing Bear, copy attached). In March of 2010, WestLB A.G., the lender on both phases of the Dancing Bear Aspen Residences project, requested and received a Court Order naming Weston Capital Corporation to act as Receiver for both Phases of the Dancing Bear Residences project (see Amended Corrected Order Appointing Receiver, copy attached.) WESTON CAPITAL CORPORATION Mr. Chris Bendon June 30, 2010 Page 3 The current application is to extend the vested rights for Phase II for an additional five (5) years beyond the June 30, 2011 expiration date of the existing building permit. In response to the review criteria for extending vested rights expressed in Section 26.308.010(C)(1)(a)-(d) of the City of Aspen Land Use Code, the Applicant provides the following additional information and responses: a. The applicant's compliance with any conditions requiring performance prior to the dale of application for extension or reinstatement. Response: To the best of its knowledge and belief, Applicant and its predecessors have complied with all conditions that were required of them prior to the date of this application for extension of vested rights. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project. Response: As mentioned above, the building permit for Phase II was issued in 2007, and work commenced on Phase II. Approximately $6,000,000 has been expended on Phase II construction activities. C. The nature and extent of benefits already received by the City as a result of the project approval such as impact.fees or land dedications. Response: Pursuant to Section 15 of Ordinance 32, Series of 2005, and in connection with the issuance of the original, initial building permit for Phase II, Park Development Impact fees totaling $ 44,214 were paid to the City of Aspen. In addition, an Occupancy Deed Restriction and Agreement for Employee Dwelling Units was executed and recorded so as to burden Phase II with leasing restrictions for two (2) category 3 employee dwelling units of 985 square feet each. d. The needs of the City and the Applicant that would be served by the approval of the extension or reinstatement request. Response: The Dancing Bear Residences Aspen project, including the incomplete Phase II, is in receivership. The project is currently unfeasible. It is anticipated by the Applicant that construction on Phase II will not resume until the national economy stabilizes and demand increases for fractional interest/residence club - type projects. Currently, it appears that Aspen's existing fractional interest/residence club projects, hotels, motels and short term occupancy WESTON CAPITAL CORPORATION Mr. Chris Bendon ,Tune 30, 2010 Page 4 offerings are satisfying current demands for fractional interest/residence club uses and tourist accommodations. By extending the vested rights period, the Applicant will be better able to assist in the re -capitalization of the project and see to a well timed construction re -start to meet the needs of Aspen's fractional interest/residence club users as well as our visitors. Thus, the needs of the City of Aspen and the Applicant will be served by the approval of the vested rights extension request. Based on the forgoing, and in accordance with the review criteria contained in Section 26.308.010(C) of the City of Aspen Land Use Code, Applicant respectfully requests that the City of Aspen grant approval to extend the vested rights for Phase II of the Dancing Bear Residences Aspen project to June 30, 2016. We look forward to presenting this application to the Aspen City Council and welcome any questions or requests for additional information. Sincerely, 4852745 I.DDC 130 S Galena St, Aspen, CO 81611 to 219 E Durant Ave, Aspen, CO 81611 - Google Maps 'ogle maps 816111ons to 219 E Durant Ave, Aspen, CO 0.4 mi - about 1 min Page 1 of 2 Save trees. Go green! Download Google Maps on your phoneatgoogle.com/gmm xean F Hnre• AVer 04 r7 w stay Aspen A Mdy Gitraon —IV Mar street 9ramtaaa �tOdge ��r. Hmor Bakery R Cafe u r Explore EY r Boaxsetel, t( Hnce Jerome COF..-•J na n xyy� Anpe►. Calvara JF k ON St Hate. Leoadn Jpd 0 . 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Y �T; _ i A at Tavern to�.-Map c . �,` data 02010 Google' http://maps.google. comlmaps?f=d&source=s_d&saddr=130+South+Galena+Street,+Aspen,+CO... 6/30/2010 Easy Peel® Labels ♦ Bend along line to AVERY0 5160® I Use Avery® Template 5160@ Feed Paper expose Pop -Up EdgeTM j 1 205 EAST DURANT 1B LLC ALYEMENI ALICE ASPEN KABINN LLC 205 E DURANT 1B 3109 OAKMONT DR C/O NIKE COMM/NINA KAMINER ASPEN, CO 81611 STATESVILLE, NC 28625 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 ASV ASPEN STREET OWNER LLC ATTERBURY ANDREW L & BERHORST JERRY & CAROLE ASPEN STREET VENTURE LLC PRENTICE GWYN A 7161 LINDENMERE DR ONE POST OFFICE SQUARE #3520 2001 SHAWNEE MISSION PKY BLOOMFIELD HILLS, MI 48301 BOSTON, MA 02109 SHAWNEE MISSION, KS 66205 BLUE LLOYD JR BRIGHT GALEN BROADSCOPE PTY LTD PLEAS ALEXA 407 S HUNTER ST #3 CATLOW TRUST PO BOX 1569 ASPEN, CO 81611 223 RIVERTON DR GRAYTON BEACH, FL 32459 SHELLEY AUSTRALILA 6148, CALKINS GEORGE W CHAPLIN ARLENE & WAYNE CHRISPAT ASPEN LLC 105 S CHEROKEE 54 LAGORCE CIR 1107 5TH AVE DENVER, CO 80223-1834 MIAMI BEACH, FL 33141 NEW YORK, NY 10128 CHU FAMILY TRUST CITY OF ASPEN COOPER TWO LLC 38 CORMORANT CHt ATTN FINANCE DEPT 950 HILL RD NEWPORT BEACH, CA 92660 130 S GALENA ST WINNETKA, IL 60093 ASPEN, CO 81611 CROW MARGERY K & PETER D CYS RICHARD L AND KAREN L DANCING BEAR LAND LLC 46103 HIGHWAY 6 & 24 5301 CHAMBERLIN AVE PO BOX 1593 GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 ASPEN, CO 81612 DOLINSEK FRANK JR DOLINSEK JOHN DONCER ASPEN LP 619 S MONARCH ST 619 S MONARCH ST 9651 W 196TH ST ASPEN, CO 81611 ASPEN, CO 81611 MOKENA, IL 60448 EVANS DAVID COURTNEY FAULKNER JOHN L FELDMAN SELMA PO BOX 952 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ASPEN, CO 81612 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FIORE MOIRA FREIRICH MARK A GLICKMAN EDWIN C 150 CANTERBURY LN PO BOX 774056 2322 LAZY O RD PALM BEACH, FL 33480 STEAMBOAT SPRINGS, CO 80477 SNOWMASS, CO 81654 GOLDSMITH ADAM D GREINER JERRY M & TERESA U GROOS NICHOLAS D SMITH RONA K 330 BICKLEY RD 210 N INDUSTRIAL PARK RD PO BOX 9069 GLENSIDE, PA 19038 HASTINGS, MI 49058 ASPEN, CO 81612 Etiquettes faciles a peler ♦ Repliez a la hachure afin de I www.avery.com Utilisez le gabarit AVERY® 51600 Sens de reveler le rebord Pop-UpTM ' 1-800-GO-AVERY 1 chargement 1 Easy Peel® Labels i ♦ Bend along line to AVERY® 51600 Use Avery® Template 51600 1 Feed Paper expose Pop -Up EdgeT^ 1 GSS MONARCH LLC 601 E HYMAN AVE ASPEN, CO 81611 HOLLY TREE INVESTMENTS LLC 4823 HOLLY TREE DR DALLAS, TX 75287 IAVARONE GIANFRANCO & RITA 341 ORIENTA AV MAMARONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #51) CHICAGO, IL 60611 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LEVY HELEN JOAN TRUST 421 WARWICKRD KENILWORTH, IL 60043-1145 LIMELITE REDEVELOPMENT LLC C/O GENERAL MANAGEMENT 1201 GALAPAGO ST #101 DENVER, CO 80204 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MARK KENNETH A 10 KATH CT SAYVILLE, NY 11782 MOP LLC 5348 VEGAS DR LAS VEGAS, NV 89108 ttiquettes faciles a peter Utilisez le gabarit AVERY® 516011 HATCHER HUGH S HILL EUGENE D III & JOAN L 205 E DURANT AVE APT 2E TRUST ASPEN, CO 81611 3310 KINGSLEY CT PEBBLE BEACH, CA 93953 HORTON KAREN JANE TRUST HOTEL DURANT 588 S PONTIAC WAY 122 E DURANT DENVER, CO 80224 ASPEN, CO 81611 ICAHN LIBA IMHOF FAMILY TRUST PO BOX 11137 2409 GREEN ST ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 J&E HANSEN LLC KAPLAN BARBARA C/O EDWARD HANSEN 3076 EDGEWOOD RD 255 SEASPRAY AVE PEPPER PIKE, OH 44124 PALM BEACH, FL 33480 KULLGREN NANCY A LACY ROANE M JR & ANN 205 E DURANT AVE UNIT 2-C MINYARD ASPEN, CO 81611 PO BOX 367 WACO, TX 76703-0367 LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% 131 E DURANT AVE 24 LINDENWOOD LN ASPEN, CO 81611 LITTLETON, CO 80127 LOCHHEAD RAYMOND R & EMILIE LU NANCY CHAO TRUST M 38 CORMORANT CIR 200 SHERWOOD RD NEWPORT BEACH, CA 92660 PASO ROBLES, CA 93446 MAGES ELIZABETH J 16% 216 LINDEN AVE WILMETTE, IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MOUNTAIN CHALET ENTERPRISES INC C/O RALPH & MARION MELVILLE 333 E DURANT AVE ASPEN, CO 81611 Se de Repliez a la hachure afin de chargement reveler le rebord Pop-UpT. JI MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MULKEY CHRISTOPHER IRR TRST 8913 PLAYERS CLUB DR LAS VEGAS, NV 89134 www.avery.com i 1-800-GO-AVERY ' 1 Easy Peel® Labels i ♦ Bend along line to i AVERY@ 51600D Use Avery® Template 51600 j Feed Paper expose Pop -Up EdgeT^' 1 MULKEY JOHN IRR TRST 8913 PLAYERS CLUB DR LAS VEGAS, NV 89134 PASCO PROP LLC SMITH PATRICK A 360 SOUTHFIELD RD BIRMINGHAM, MI 48009 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 RLC ASPEN LLC 8911 DURHAM DR POTOMAC, MD 20853 ROSENFELD EUGENE S & MAXINE M FAM TRUST 10601 WILSHIRE BLVD 20 EAST LOS ANGELES, CA 90024 SCHUMACHER JUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SIMPSON JANET MARIE SUNSET COTTAGE ANDREAS ISLE OF MAN UK 1M74HE, SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W & THOMPSON ELEANOR M 200 WHEELER RD 2FL BURLINGTON, MA 01803 STARWOOD ASPEN REALTY LLC PO BOX 4900 SCOTTSDALE, AZ 852614900 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PAY-ASE PROPERTIES LLC 2200 ROSS AVE # 3838 DALLAS, TX 75201 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES N 9242 SOUTH SHORE DR EAST TROY, WI 55120 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SHEFFER DOUGLAS & BARBARA PO BOX 2763 BASALT, CO 81621 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA PARKER RICHARD C & KAREN S 3029 BAKER MEADOW SE ATLANTA, GA 30339 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 RINGSBY GRAY PO BOX 1292 HAIKU, HI 96708 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO 11000, SCHAYER CHARLES M III 2601 S QUEBEC #17 DENVER, CO 80231 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SMITH FRANK FORD JR & KATHARINE LINDSAY 91362 2506 STRATFORD DR AUSTIN, TX 78746 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN, CO 81611 STARWOOD VACATION OWNERSHIP 9002 SAN MARCO CT ORLANDO, FL 32819 SOUTHPOINT-SUMNER CORP 3940 7TH AVE #212 SAN DIEGO, CA 92103 STARK RENEE A 205 E DURANT AVE APT 1D ASPEN, CO 81611-3813 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 ftiquettes faciles a peler ♦ Repliez a la hachure afin de I www.avery.com Utilisez le abarit AVERY® 51600 Sens de reveler le rebord Po U TM 1-800-GO-AVERY ' g chargement p- p 1 Easy Peel® Labels _ i ♦ Bend along line to ® AVERY® 5160® Use Avery® Template 51600 i Feed Paper expose Pop -Up Edger- 1 ❑ , SZYMANSKI WILLIAM R & LYNNE E 131 E DURANT AV #409 ASPEN, CO 81611 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOW LIFT ONE LLC 3225 ELK CANYON CIR SEDALIA, CO 80135-8573 TAROCH HOLDINGS LTD 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 VANDER WALL DEAN ROBERT & BEVERLYJ PO BOX 189 LONE PINE, CA 93545 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 WUGALTER JOEL 131 E DURANT AVE #209 ASPEN, CO 81611 TELEMARK APARTMENT 2 LLC C/O ANDREW HILL 20351 NE 61ST CT REDMOND, WA 98053 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VANTONGEREN HAROLD V & LHIIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOODSON TATJANA REV TRUST PO BOX 1845 WILSON, WY 83014 XAMASS ASPEN REAL ESTATE LLC 580 CHASWIL DR CINCINNATI, OH 45255 Etiquettes faciles a peler ♦ Repliez a la hachure afin de www.avery.com Utilisez le abarit AVERY® 5160'5 Sens de reveler le rebord Pop-UpTM ' 1-800-GO-AVERY 9 I charoement 1 516050 IIIlllllllll1111111111111111131111111111illllll000,31DZa 0011:15< ORDINANCE NO.32 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, TIMESHARE, MOUNTAIN VIEW PLANE, AND GROWTIl MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR AFFORDABLE HOUSING ON THE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3, OF THE EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2735-182-19-002 WHEREAS, the Community Development Department received an application from LCH, LLC represented by Stan Clauson Associates, LLC, requesting approval of a Final Planned Unit Development including Subdivision, Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing on the property described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen; and, WHEREAS, pursuant to the Land Use Code Section 26.445, Planned Unit Development; Section 26.445, Growth Management Quota System; Section 26.480, Subdivision; Section 26.590, Timeshare; and Section 26.435, Mountain View Plane, the City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering continents from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the subject property is approximately 12,000 square feet in size, and is located in the Lodge Zone District where lodging is permitted with appropriate approvals; and, WHEREAS, the Chart House Lodge was granted approval for eleven (11) Growth Management Allotments pursuant to Aspen City Council Ordinance No. 36, Series of 2004; and WHEREAS, during duly noticed public hearings on June 7 and June 21, 2005, the Planning and Zoning Commission opened the hearings, took public testimony, considered pertinent recommendations and adopted Resolution No. 21, Series of 2005 recommending approval of the development proposal to the City Council; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has taken public testimony and heard the recommendations of the Planning and Zoning Commission, Community Development Director and referral agencies of the City of Aspen; and, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 1 IIIIIII111111111IIIIHIIIiIIIIIIIIIIIIIIIIIIIN11111111 96OUNTY CO R 51.M 00°01°:t5f WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 • Approval of the Development Plans Pursuant to the procedures and standards set forth in Titie 26 of the Aspen Municipal Code, the City Council approves the Chart House Lodge Final PUD, which includes application for PUD, Subdivision (condominiumization), Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing for the development of a timeshare lodge consisting of eleven (11) lodging units and two (2) affordable housing units (consisting of two, 2-bedroom units), subject to the following conditions: 1. A PUD/Subdivision Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD/Subdivision Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. C. A drawing representing the project's architectural character. 3. Prior to applying for a building permit, the applicant shall record the PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder. Section 2• Dimensional Approvals The following dimensional requirements of the PUD are approved and shall be printed on the Final PUD Plan: Chart House Final PUD Ordinance No. 32, Series of 2005 Page 2 Iillllllllllillllllllllllllflllllliflllilllllllllllllll0516050 011:150 Section 3• Building Permit Submittal The following conditions are applicable to this approval. 1. The building permit application shall include the following: a. A copy of the final recorded ordinance. 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. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. g. A detailed kitchen plan for approval by the City Environmental Health Department. IL A study performed by a Colorado Licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets along with a soil stabilization plan. i. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge Chart House Final PUD Ordinance No. 32, Series of 2005 Page 3 11 1��������� 0oso 05 11:15: SILVIA DAVIS PITKIN CDUWY CO R 51.00 D 0.00 system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 3. The Applicant shall complete (prior to any demolition) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until submittal of this report. If there is a finding of no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 4• Utility and Service Conditions of Aooroval The following conditions are applicable to this approval. 1. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with 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. 2. The Applicant shall provide the Water Department with a detailed plan for relocating the fire hydrant that demonstrates that the water mains will be shut down during the relocation of the hydrant. This plan shall be approved by the Water Department prior to relocation of the hydrant. 3. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. When a new sewer line is installed, the existing service must be disconnected at the main sewer line at Aspen Street. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. 4. The Applicant shall install an oil and grease separator in the restaurantfbar that meets the Aspen Consolidated Sanitation District's regulations. The applicant shall also install an oil and sand separator for the indoor parking facilities. 5. The Applicant shall execute a shared sewer service line agreement prior to recordation of the PUD Plat and agreement. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 4 50 IIII �IIIIII IIIIII II IIIII IIIII III �IIIIlIII III6©0g005 11:15,IIIIIIIIIIe 6. The Applicant shall install an adequate fire alarm system throughout the structure as determined by the Fire Marshal. The Applicant shall also install a fire sprinkler system and fire extinguishers that meet the requirements of the Fire Marshal. in addition, the water service connection to the sprinklers must provide an adequate flow of water to eliminate the need for a fire pump. The Applicant shall also install standpipes within the stairwells. Section 5• Eneineerine Requirements and Conditions: The following conditions are applicable to this approval. 1. The Applicant and contractors are hereby notified that there will be no construction material or dumpsters stored on the public rights -of -way unless a temporary encroachment license is granted by the City Engineer. 2. The Applicant shall submit a construction management plan as part of the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 3. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. 6. The Applicant and the City agree that, at the owner's expense, the City shall sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty (30) minute parking for use by guests for the purpose of checking in. 7. The Applicant shall install two (2) ADA accessible sidewalk ramps. One ramp shall be constructed from the sidewalk onto Monarch Street and the other ramp shall be constructed from the sidewalk onto Durant Avenue. The applicant shall install sidewalk, curb, and gutter that meet the City Chart House Final PUD Ordinance No. 32, Series of 2005 Page 5 516050 IILVII DAVIINIIIIIIIIIIIIIIIIIIIIIIIIIIllll11ITKIN COUNTY CO R 51.000 iip 6of .0010 1s. Engineer's required specifications along Monarch Street and Durant Avenue prior to issuance of a Certificate of Occupancy. Section 6 Construction Management Plan The intent of this condition is to ensure that the developers of major building projects that are occurring simultaneously in and around downtown Aspen work together to limit the cumulative impacts of construction to the greatest extent possible. A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction -related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as -needed cleaning of adjacent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. Section 7: Lighting All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 8: Environmental Health The following conditions are applicable to this approval. 1. The Applicant shall obtain a Colorado Retail Food Establishment License prior to the serving of food that has been prepared on -site. The Applicant shall also obtain a liquor license prior to serving alcoholic beverages. 2. A bear -proof dumpster or a dumpster that is fully enclosed behind doors that meets with the standards of the. City of Aspen Wildlife Ordinance shall be located on -site. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 6 IIIIIII'/IIIIIIIIIIIIIINIIIIfIIIIIIIIIIIII'IIII�IIIIlIl0 ®96O0�0i0:is� The Applicant shall submit a final PM-10 mitigation plan to the Environmental Health Department for approval prior to issuance of a building permit. The mitigation plan shall include all of the mitigation measures that were proposed in the application. Section 9: Landscaping Improvements All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. Should any street trees along Dun -ant Avenue that are located on the boundary of the Chart House Lodge project fail, as determined by the Parks Department, within 2 years after issuance of Certificate of Occupancy, then the developer shall be responsible for the replacement of said trees. Such tree replacement shall be with trees of a caliper of 6 to 8 inches in size and of a species approved by the Parks Department. The flower box and landscape pottings located on and in front of the building as shown on the representations contained within the Final PUD application dated March 31, 2005, shall be substantially implemented as part of this approval. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department. a. The Parks Department must inspect and approve of the fence location before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfrll, foot or vehicular traffic shall be allowed within the fenced drip line. Section 10: Public Restaurant The restaurant within the Chart House Lodge project shall be and remain open to the general public. Conversion of the restaurant to private facility shall require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants. Section 11: Timeshare The following conditions are applicable to this approval. 1. Each owner of an estate shall have an undivided interest in the common areas (patio, storage, other) within the facility. 2. All unsold timeshare units that are not used by the applicant for exchange, marketing, or promotional purposes shall be made available for short-term rent until purchased. Owners must make reservations for "short -notice, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 7 1111110111111111 0 Oq 111112000050111 :151 space -available" time no less than 30 days prior to the time of use and the unit space shall be available to the general public during that time. These conditions shall be included in the Timeshare Documents, PUD and Subdivision Agreements to be recorded in the Pitkin County Clerk and Recorder's Office. 3. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the non -deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. Section 12• Employee Housing Mitigation The following conditions are applicable to this approval. 1. The Applicant shall adequately mitigate for employee generation by providing affordable housing mitigation with two (2) deed restricted units (two 2-bedroom units) on -site, at a Category 3 level or as finalized by the Housing Department depending on the final size of the unit. The applicant shall structure a deed for the units such that 1/101h of 1 percent ownership of the units are given to the Aspen/Pitkin County Housing Authority in perpetuity; or the applicant may propose any other means that the Housing Authority or the City Attorney determines acceptable. This document shall be recorded prior to building permit approval. 2. The Applicant shall provide priority to the occupant(s) of the affordable housing units, for the use of two (2) of the on -site parking spaces. In the event that the occupant(s) of the affordable housing units do not own cars, the parking spaces shall remain available for the general use of the lodge guests. 3. The affordable housing units shall be deed restricted at the Category 3 rental rate, but since the units are for the use of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business. 4. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. Section 13• Dean Street Imnrovments The Applicant has offered a financial contribution toward physical improvements to Dean Street for the enhancement of pedestrian amenities and aesthetic upgrade to the Dean Street way. The $250,000 financial contribution to the City of Aspen for such Chart House Final PUD Ordinance No. 32, Series of 2005 Page 8 alilll llILVIA QllllIlllllVIS NlllllllllillllllllllliilllMllCOUNTY CO R e 09S 200Oe11:151 improvements shall be made prior to Certificate of occupancy for the building and shall be placed in a city fund solely for the purposes of improvements to Dean Street. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15• Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee in the amount of $44,214.00 prior to building permit issuance. The fee is assessed based on the following calculation: Proposed Commercial: 0 new net leasable square feet $0 due on commercial space Proposed Residential: 2 - 2 bdnn units (AH) x $2120 (fee per unit) _ $4240 10 - 3 bdrm units (FM) x $3634 (fee per unit) _ $36,340 1— 4 bdnn unit (FM) x $3634 (fee per unit) _ $3634 Total: $44,214 Section 16: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 9 Illllllllillillll llllllllllllllllllllilllilillllllll0 il/ 0 .00 5f 110 :151 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin county Clerk and Recorder. Section 19: A public hearing on this ordinance shall be held on the 25s' day of July, 2005, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11°i day of July, 2005. Attest: thryn $ Koe Ci Clerk Helen IC Klar EAL' - Q FINALLY; u0pted, passed and approved this D day .D 1: 1> L Approved as to form: 101 011 O i POWNEVIN Chart House Final PUD Ordinance No. 32, Series of 2005 Page 10 PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE CHART HOUSE PLANNED UNIT DEVELOPMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT Is made and entered into this f day of February, 2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporations (hereinafter referred to as the 'City') and LCH, LLC, a Colorado limited liability company (hereinafter referred to as'Chart House') WITNESSETH: WHEREAS, Chart House has submitted to the City a request for Planned Unit Development approval, Including Timeshare, Mountain Vim Plane, and Growth Management Quota System (GMQS) Exemptions for eleven (11) lodging units proposed for development, situated within the City of Aspen, Colorado to be consolidated, platted and known as the Chart House Planned Unit Development (the'Properly'), which Application requested the approval, execution and recordation of a Final Planned Unit Development Plat of the Property (the "Final Plat'); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 32 (Series of 2005) , and the effects of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has Imposed certain conditions and requirements In connection with Its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, safety, and general welfare; and WHEREAS, Chart House is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements Imposed by the City In approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26,445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure: (i) that the required public facilities am installed; and (it) that the required landscaping is Implemented and maintained, and Chart House is prepared to provide such guarantees that hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Planned Unit Development Agreement, the City and Chart House have executed and recorded the Final Plat In Plat Book ]Z at Page _(4 , Reception No.5i? 0 %ho In the oRwe of the Clerk and Recorder of Phkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Planned Unit Development Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: IIIIIIIIp1I�1�N11�MImIY�N1111�I NsII13 » w520961 :ea ii ARTICLE I PURPOSE AND EFFECT OF PLANNED UNIT DEVELOPMENT AGREEMENT 1.1 Purpose. The purpose of this Planned Unit Development Agreement, along with the Final Plat, Is to set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of the Chart House Planned Unit Development and to enumerate all terms and conditions under which such development may occur. 1.2 Effed. it is the intent of the patties that this Planned Unit Development Agreement and the Final Plat shall effectively supersede and replace in their entirely all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property, including and without limitation those matters identified in Article IV below (collectively, the Prior Approvals and Instruments). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005), the Aspen City Council granted Planned Unit Development approvals, Timeshare approvals, Mountain View Plane approvals, eleven (11) Growth Management Allotments, and Growth Management Quota System (GMQS) exemptions for Affordable Housing, providing for development of a eleven (11) lodging units and two (2) affordable housing units to be known as Chart House Planned Unit Development on the Property (collectively, the Project). This Planned Unit Development Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005). In the event of any inconsistencies between the provisions of Ordinance No. 36 (Series of 2004) and Ordinance No. 32 (Series of 2005) and the provisions of this Planned Unit Development Agreement and the Final Plat, the provisions of this Planned Unit Development Agreement and the Final Plat shall control. 2.2 Dimensional Reouirements. Ordinance No. 32 (Series of 2005) approved Chart House Lodge Final Planned Unit Development on Lots 6- 9, Block 3, of the Eames Addition to the City and Townsite of Aspen. The dimensional requirements of the PUD are the following: Minimum Lot Size Minimum Lot Area per Dwelling Unit Maximum Allowable Density Minimum Lot Width Minimum Front Yard (E. Durant) Setback Minimum Side Yard Setbacks Minimum Rear Yard Mardmum Site Coverage Maximum Height Min. Distance between Buildings on a lot 12,000 s. I. No requirement One timeshare lodge (11 lodge unitsl21 keys and 2 affordable housing units) 120 It loft 0 ft- East 15 ft- West, access way to Affordable Housing units projects 6 It from building 4ft No Requirement 46' 6' feet No requirement 1111111IN111I11111oil 111111111 52096of ii as U ICE k YN OoOlU PMIN CCURr CC a 00.00 D 0.N Min. Percent of Open Space 19 Percent Allowable External FAR 2.49:1 Minimum Off -Street Parking 27 spaces, 2 of which are designated for employee units ARTICLE III APPROVALS AND EXEMPTIONS 3.1 Impact Fees. (a) Park Impact Feea. Chart House shall pay a park development Impact fee in the amount of $44,214 prior to building permit issuance. (b) School Impact Fees. Chart House shall pay a fee4M1eu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule In effect at the time of building permit submittal. Chart House shall provide the market value of the land including site improvements, but excluding the value of structures on the site. 3.2 Water Department Standards. (a) The Chart House PUD shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title S of the City's Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department; (b) Chart House will submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. (c) Chart House will schedule the abandonment of the existing water tap prior to requesting a new water tap. 3.3Sanitation District Standards, Chart House shall comply with the following rules and regulations of the Aspen Consolidated Sanitation District ("ACSD") with respect to the Project: (a) ) When a new service line is required for existing development, the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements; (b) All dear water connections are prohibited, i.e., ground water (roof, foundation, perimeter, patio drains), including entrances to underground parking garages (if any); (a) On -site drainage plans require approval by the ACSD, must accommodate ACSD service requirements, and must comply with ACSD miss, regulations and specifications; (d) On -site sanitary sewer utility plans require approval by ACSD; (a) Oil and grease separators in the restaurentfbar and in the Indoor parking IIIIIIIIIIIIIIIIIIIIhIIIIIIaI�III�IInII�NII 02117/2 51096K 11:ee JMIM K YM CMIWLL PITKIN Cp Y W a 66.0 p :.as facilities will be installed, complying with the Aspen Consolidated Sanitation District's regulations. (f) A shared sewer service line agreement shall be executed prior to recordation of the PUD Plat and agreement; (g) All ACSD total connection fees must be paid prior to the issuance of a building permit; (a) Glycol snowmelt and heating systems must have containment provisions and must preclude discharge Into the public sanitary sewer system; (1) Plans for interceptors, separators, and containment facilities require submittal by Chart House and approval by ACSD prior to building permit issuance; (I) Permanent Improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; 3.4 Dean Street Improvements. Chart House shall provide the City with a monetary contribution of $250,000 for improvements to the Dean Street Pedestrian Project in the vicinity of the Chart House (Dean Street, between South Monarch Street and South Aspen Street). The contribution shall be deposited in the City's Dean Street Improvement account.This contribution shall be made prior to the issuance of a Certificate of Occupancy for the building and shall be placed In a City fund solely for the purposes of Improvements to Dean Street. The City shall be authorized to use these funds for the construction of Dean Street Pedestrian Project improvements such as may be designed and approved by the City. Alternately, Chart House may work cooperatively with the City to design said Improvements, utilizing a portion of the monetary contribution for design fees. 3.5 Construction Management Plan. Prior to issuance of a building permit with respect to the Project, and prior to commencement of any shelutigty work, the Chart House PUD shall submit a Construction Management Plan ("CMP') for approval by the Citys Community Development Department. The construction management plan will consist of noise, dust control, construction traffic, and construction parking management plans.The CMP shag include the following provisions: (a) No construction material or dumpstens stored on the public rights -of -way unless a temporary encroachment license is granted by the City Engineer. (b) A plan designating debris hauling routes and associated impacts on local streets; and (c) Construction parking mitigation, except for essential trade trucks, no other personal trucks am to be parked in the area around the site. Site workers are encouraged to be shuttled in from the airport parking area. (d) To prevent mud from being tracked onto City streets during construction, washed rock or other style mud rack must be installed during construction. (a) Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday through Saturday, and construction crews will comply with all noise ordinances. III �I�II�I WIa � �1A0 �ll lll� 5s2O966 Wea awact: K YM fAW14' FnNrN LWH}y �e R es.ee s e.ee (f) A plan for accepting major construction -related deliveries with estimated delivery schedule shall be submitted. (g) An agreement with the City to participate with other neighboring developments under construction to limit the Impacts of construction. (h) All dump trucks hauling to and from the site will cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. 3.8 Access Infrestructure Penult Prior to the construction of any improvements on the Project, a licensed contractor must obtain a City Access -Infrastructure ("A-1 Permit"). A single contractor will complete all infrastructure associated with the Project. As part of the A-1 Permit, the contractor will be required to comply with the CMP provided for herein. 3.7 Streets. (a) Chart House will pay for the City to sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty (30) minute parking for use by guests for the purpose of checking in. (b) ADA accessible sidewalk ramps will be installed at the intersection of Monarch Street and Durant Avenue, and at the intersection of Monarch and Dean Street in accordance with City of Aspen engineering specifications. (c) Sidewalk curb, and gutter will be installed that in accordance with City of Aspen engineering specifications and the submitted plans along Monarch Street and Durant Avenue prior to issuance of Certificate of Occupancy. 3.8 Timeshare. (a) Each owner of an estate shall have an undivided interest in the common areas (patio, storage, other) within the facility. (b) All unsold timeshare units that are not used by the applicant for exchange, marketing, or promotional purposes shall be made available for short-term rent until purchased. Owners must make reservations for'short�notice, space available' time no less than 30 days prior to the it= of use and the unit space shall be available to the general public during that time. These conditions shall be Included In the Timeshare Documents, PUD and Subdivision Agreements to be recorded (c) Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. 3.9Emolovee Housinc Mitigation (a) Chart House shall provide two (2) dead restricted units (two 2-bedroom units) on -site, at a Category 3level or as finalized by the Housing Department depending on the final size of the unit. The deed shall include Ill of 1 percent ownership of the units by the AspenlPttkin County Housing Authority in perpetuity; or other means that the Housing Authority I lul�lllg llll lN1 u111pNr IM11r011�"lurlroll lall�llseaO961ii:ea or the City Attorney determines acceptable; (b) Ocoupant(s) of the affordable housing units will have priority for the use of two (2) of the on -sae parking spaces. (c) Income and asset restrictions shall be waived since the units are for the use of the lodge. Chart House shall most With the Housing Office Staff prior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business; (d) Chart House shall indemnity and hold harmless the AspentMtkin County Housing Authority and City of Aspen from any claims, liability, fees, or similar charges related to ownership in the deed restricted affordable housing units; 3.10 Planned Unit Development Agreement. This Planned Unit Development Agreement was granted a 30-day extension to the 190day recording requirement and Agreement has been recorded within this extension. The proposed encroachments and easements, including snowmelt and irrigation encroachments as wall as the switch gearttransfonner easement, shall be licensed and recorded prior to the issuance of a Certificate of Occupancy. 3.11 Fire Department Requirements. The Project shall include an adequate fire alarm system throughout the structure as determined by the Fire Marshal, including fire sprinkler systems, fire extinguishers, and standpipes within the stairwells. A fire hydrant will be relocated. The sprinkler designs shall meet approval of the Aspen Fire Protection District Fire Marshall in order to confine that adequate water volume and water pressure exists for the sprinklers. 3.12 Buildirw Perms Requirements. Any building permit application for the Project shall include andlor depict the following information: (a) A signed copy of Ordinance No. 32 (Series of 2005) granting final land use approval. (b) A letter from the primary contractor stating that the contractor has read and understands Ordinance No. 32 (Series of 2005). (c) The condtions of approval of Ordinance No. 32 (Series of 2005) shall be printed on the cover page of the building permit set. (d) A completed tap permit for sewer service from ACSD. (a) 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. (f) A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes In the design of ventilation and healing systems. (g) A fugitive dust control plan approved by the City Environmental Health Department which addresses watering of disturbed areas, Including haul roads, perimeter sift fencing (as needed), cleaning of adjacent rights of way, speed limas within and accessing the Project, and ability to request additional measures to prevent nuisances during construction. IIIIIINIII 11IN IIIIIIIIIIIN1 XLW2BB5 B6r i;:0a JMIM K V05 C IU PIIKIN CRMTr 0 R 6B.0e a 0.00 Chart House shall wash tracked mud and debris from the City streets as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Divisions will also be necessary due to the Property being larger than one (1) acre. (h) A detailed kitchen plan for approval by the City Environmental Health Department. (1) A drainage plan, including an erosion control 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 sire the facility. A 5-year atone frequency should be used In designing any drainage improvements. p) A study performed by a Colorado licensed asbestos inspector detailing the presence or absence of asbestos. The Stale of Colorado must be notified and the report must be complete prior to Issuance of a building permit. (k) Prior to Issuance of a building permit (1) all tap fees, Impact fees, and building permit fees shall have been paid for the particular phase; (it) the location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Aspen Fire Protection District Fire Marshal; and (iii) a final PM-10 mitigation plan. (p A Construction Management Plan as described in Section 3.7 above. 3.13Lt h n . All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.160, as may be amended from time to time. 3.14 Environmental Health. (a) Chart House will obtain a Colorado Retail Food Establishment License and a liquor license prior to the serving of food and alcoholic beverages accordingly on -site. (b) A bear -proof dumpster or a dumpster that is fully enclosed behind doors that meets with the standards of the City of Aspen Wildlife Ordinance shall be located on -she. (c) Chart House shall submit a final PM-10 mitigation plan to the Environmental Health Department for approval pdor to issuance of a building permit, including all mitigation measures that were proposed In the application. 3.15 Public Restaurant. The restaurant within the Chart House project shall be and remain open to the general public. Conversion of the restaurant to a private facility shag require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants. 3.16 Vested Rlahts. The development approvals granted by the City pursuant to Ordinance No. 32 (Series of 2005) shall constitute a site -specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. II�,III�I,WIIIIII Wul lOM 1I111,lIX YI�I111lYll lie ez 1O'!/9n0 :ea Article IV Prior Approvals and Instruments 1. Resolution No. 21 (Series of 2005) of the Aspen Planning and Zoning Commission recommending approval of Growth Management Quota Exemptions, Planned Unit Development, Timeshare, and Mountain View Plane. 2. City of Aspen Ordinance No. 36 (Sodas of 2004) approving eleven (11) Growth Management Allotments. 3. City of Aspen Ordinance No. 32 (Series of 2005) approving Planned Unit Development, Timeshare, Mountain View Plane, and Growth Management Quota System (GMQS) for Affordable Housing on the property described as Lots 6-9, Block 3, of the Fames Addition to the City and Townaite of Aspen, Pitkin County, Colorado, recorded/A -1 i, )b as reception no.,.T/ L a Sn , Pllkin County, Colorado. Article V Planned Unlit Development Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, Chart House shall accomplish the following Planned Unit Development Improvements (collectively, the "Planned Unit Development Improvements"), all as further depicted and described on the Final Plat: 5.1 Landscaping Improvements (1) installation and landscaping In a public right-of-way as shown on the approved plans, approved by the City Parks Department and in conformance with Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way at an estimated cost of $28,800; (2) replacement of any street trees along Durant Avenue that are located on the boundary of the Chart House Lodge, with trees of a caliper of 6 to 8 inches of size and of a species approved by the Parks Department, should any fail within 2 years after Issuance of Certificate of Occupancy; (3) implementation of flower box and landscape pottings located on and in front of the building as shown on the representations contained with the Final PUD application dated March 31, 2005; (4) installation of tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department; and (5) no excavation, foot or vehicular traffic, or storage of materials, construction equipment, and construction backfili will be allowed within the fenced drip line. 5.2 Street and Site Imorovemems. Installation of street and site improvements ea depicted on the schedule prepared by engineering consultants Schmueser, Gordon, Meyer, dated 18 October 2005 (attached as Exhibit 1), Including changes to the Durant Avenue corridor; I III II111111Hill 1111815w09.par JM14M K M MDI" PMTR C IT W R fi0.00 p 0.00 Installation of sidewalk, curb, gutter, and handicapped ramps meeting the Engineer's required specifications along Monarch Street and Durant Avenue; street light relocation; installation of a new sewer main extension; and installation of Stormwater drainage Improvements at an estimated cost of $121,500. 5:3 Financial Guarantees, In order to ensure construction and installation of the Planned Unit Development Improvements 5.1 and 5.2 described immediately above, Chart House shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $150,300. Said letter of credit or bond shall be provided to the City prior to the Issuance of a grading or access permit with respect to the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right upon default hereof by Chart House, to draw funds as necessary and upon demand to partially or fully complete andlor pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to additional administrative or legal coats associated with any such default and the repair of any deterioration in Planned Unit Development Improvements already constructed before the unused remainder, If any, of such letter of credit or bond is released to Chart House. Provided, however, that the City shall give Chart House fourteen (14) days' written notice of a default (and the right to cure during such period) prior to the Chys right to make a draw under the letter of credit or bond. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Chart House shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period for time following Its occurrence. As portions of the Planned Unit Development Improvements are completed, tine City Engineer shall Inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit or bond equal to an agreed upon estimated wet for the completed portion of the Planned Unit Development Improvements; provided, however that ten percent (1 (r) of the estimated costs shall be withheld until all of the Planned Unit Development Improvements are completed and approved by the City Engineer. It is the express understanding of the parties that compliance with the procedures set forth in Article VI below pertaining to the procedure for default and amendment to this Planned Unit Development Agreement shag be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Chart House as set forth above. Article VI NonCompilence and Request for Amendments or Extensions In the event that the City determines that Chart House is not acting in substantial compliance with the terms of this Planned Unit Development Agreement, the City shall notify Chart House in writing specifying the alleged non-compliance and asking that Chart House remedy the alleged noncompllance within such reasonable time as the City may determined, but not less than 30 days. It the City determines that Chart House has not complied within such time, the City may Issue and serve upon Chart House a written order specifying the alleged non- compliance and requiring Chart House to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Chart House may file with the City Engineering IIIW� II�Ip�1111UtlIUNg11IN111� I111 520961 on.; 9 of is exrnfxsee n;ee, 'Mira s vas weal ar•sm c m R ea.ee o e.ee Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether a variance, extension of time or amendment to this Planned Unit Development Agreement should be granted with respect to any such non-compliance which Is determined to exist Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth In the order of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, It may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of file or amendments to this Planned Unit Development Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall rot unreasonably refuse to extend the time periods for performance hereunder If Chart House demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Chart House, despite good faith efforts on Its pad to perform in a timely manner. Article VII General Provisions 7.1 Successors and Assians. The provisions hereof shall be binding upon and inure to the benefit of Chart -House and the City and their respective successors and assigns. 7.2 Govemina taw. This Planned Unit Development Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Planned Unit Development Agreement or any paragraph, sentence, clause, phrase, word, or sedfon or the application thereof in any circumstance Is Invalidated, such invalidity shall not affect the validity of the remainder of this Planned Unit Development Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section In any other circumstance shall not be affected thereby. 7A Integration. This Planned Unit Development Agreement and any exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Chart House and its successors and assigns may on its own initiative petition the City Council for an amendment to this Planned Unit Development Agreement or for an extension of one or more of the time periods required for the performance hereunder. The arty Council shag not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendment or extension of 10 I IIININ�IIIII �INN�In�l�llbesNoele s;:113 ltaa, time shall only became effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Headinus Numerical and title headings contained In this Planned Unit Development 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. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Planned Unit Development Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat and to accept the some for recordation in the Of ica of the Clerk and Recorder of Pilkin County. Colorado, upon payment of the recordation fees by Chart House. 7.7 Notice. Notices to be given to the parties to this Planned Unit Development Agreement shall be considered to be given If delivered by facsimile, if hand delivered, or If delivered 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: The City: City of Aspen City Manager, Community Development Director 130 South Galena Street Aspen, Colorado 81611 Chart House: LCH, LLC Thomas M. DUenere, Manager P.O. Box 571 Aspen, Colorado 81612 Facsimile: (970) 925-3977 With copy to: Eben P. Clark, Esq. Klein, Cole 8 Edwards, LLC 201 North Mill Street, #203 Aspen, Colorado 81611 Facsimile: (970) 925-9367 IIIdII11YI11I4�u�Il �Ilv��llllullu 5O98 wei,lem JMICE K YN ILL PnKIN CMTY CO a so.so a e.ee 11 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEI'j, COIPRADO, a Colorado municipal By: APPROVED AS TO>FORM; or, r, C y Attorney CHART HOUSE: L�LC, Colr,,I o limited liability company By: Thomas M. DiVenere as its Manager I1,61M �NI41Y,16 �IN 411416E IYI III III 59 O96 �r 13 NOTICE R V06 CBIe14 YIMIN Cg1VTY W 02/1'/0 S. 11:001 R N.OB a B.N 12 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acmowledged before me this Pay of 006 by John Worcester, City Attorney of the City of Aspen, Colorado, a munid L ration75, Witness my hand and official Beal, My commission expires: STATE OF COLORADO ss. •. '. Innati�m E�rscaW2d2WQ COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this y of 06 by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a munici porporstion. Witness my hand and official seal, My commission expires:.�o STATE OF COLORADO ) Mrcv^ as. COUNTY OF PITKIN ) The foregoing instrument was acknowledg ma We day of Faa 2006 by Thomas M. DiVenere as Manager of LCH, LLC ted liabll'dy company. Witness my hand and official seal. My commission expires: - 11111111MINIUlU1111111 '2196 fir1;saei JMIM K M f/pR11LL PITKIM CMTr y R ge.DR D 0.80 13 January 7, 2010 Jean Coulter DB Capital holdings, LLC PO Box 571 411 S Monarch St Aspen, CO 81612 Re: Permit Number: #0037.2007.ACBK Permit Address: 219 E Durant Ave Dear Jean: Your request to extend the building permit application referenced above has been reviewed and granted. Administrative Order # 12010 allows the building permit to remain active until June 30, 2011. The extension shall not impact, change or extend any expiration dates associated with any land use approvals and/or vested rights granted by the Aspen Council or the Aspen Community Development Department. Your permit application will expire if not issued by June 30, 2011. Regards, c - f Stephen Kanipe, CBO Building Official, City of Aspen Jennifer Phelan From: Helen Levy [Carl Helen@aol.com] Sent: Sunday, September 26, 2010 5:22 PM To: Jennifer Phelan Cc: Galen Bright; Hugh Hatcher; Bob Kingsbury; Nancy Kullgren Subject: Dancing Bear Mountainside Dear Jennifer, I am writing to support the request of the developer of the Dancing Bear Mountainside project for an extension in the timing of their project. We believe that the project, as presently approved, would improve the ambiance of our immediate neighborhood and provide a neighbor that would maintain an attractive addition to our block. During the design process the developer demonstrated an understanding of our concerns and a willingness to compromise on many issues. I have been an owner at South Point since the early 70's and a visitor to Aspen since the 50's, and have a significant appreciation for the development of the Durant Ave area. Carl Levy President, South Point Condominium Association Email secured by Check Point 1 SPECIAL MEETING CALLED FOR EXECUTIVE SESSION Date September 27, 2010 ncilmembers present: Mick Ireland Steve Skadron Dwayne Romero Torre Derek Johnson Motion to go into executive session by Other persons present: F R: Mick Ireland Steve Skadron Dwayne Romero orre Derek Johnson Call to order at: ZQ a in. Councilmembers not present: ❑ Mick Ireland ❑ Steve Skadron ❑ Dwayne Romero ❑ Torre ❑ Derek Johnson seconded by AGAINST: ❑ Mick Ireland ❑ Steve Skadron ❑ Dwayne Romero ❑ Torre ❑ Derek Johnson III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.s. 24-6-402(4) (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney -client communication: The undersigned chair of the executive session attests that the discussions m this executive n wer 'mite to the topic(s) described in Section III, above. Adjourned at: ' "d .