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Land Use Case.10 Club Cir.0082.2010.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0082.2010.ASLU PARCEL ID NUMBER 2735 1 12 09 053 PROJECTS ADDRESS 10 CLUB CIRCLE it la b Lt , , 4 PLANNER JEN PHELAN CASE DESCRIPTION INSUBSTANIAL PUD AMENDMENT REPRESENTATIVE MAROON CREEK DATE OF FINAL ACTION 8.1.11 CLOSED BY ANGELA SCOREY ON: 8.12.11 j DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number Property is owned by City of Aspen, 130 S Galena Street, 970.920.5212 Property is leased to Maroon Creek Club c/o Andy Hecht, Manager, 601 E Hyman Ave, 970.925.1936 Legal Description and Street Address of Subject Property • A Parcel of Land Situated in Section 2 and Section 11, Township 10 South, Range 85 West of the 6 P.M., City of Aspen, County of Pitkin, Colorado. • 10 Club Circle, Aspen, CO 81611 Written Description of the Site Specific Plan and /or Attachment Describing Plan Insubstantial Amendment to the approved Planned Unit Development plan (approved through BOCC Resolution 93 -104). Approval grants the ability to construct a lightening shelter with bathroom and storage. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Administrative approval by the Community Development Director for an Insubstantial Amendment to the Maroon Creek Club Planned Unit Development, issued on January 5, 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) January 15, 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) January 15, 2014 Issued tit': 5 day of Jan ry, 2011, by the City of Aspen Community Development Director. 11/ Chris Hendon, Community Development Director RECEPTION #: 576600, 01/07/2011 at 10:47:25 AM, 1 OF 9, R $51.00 Doc Code ORDER Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For an Insubstantial Planned Unit Development (PUD) Amendment to the Maroon Creek Club PUD for a Bathroom /Lightening Shelter on the golf course Parcel ID No. 2735-112-09-053 APPLICANT: Maroon Creek Club SUBJECT & SITE OF AMENDMENT: Insubstantial PUD Amendment for Maroon Creek Club, specifically regarding a portion of the golf course known as the former Zoline Open Space Property and Parcel A in the Maroon Creek Club PUD, with the following legal description: A Parcel of Land Situated in Section 2 and Section 11, Township 10 South, Range 85 West of the 6 P.M., City of Aspen, County of Pitkin, Colorado. SUMMARY: The subject parcel was annexed into the city in 1994 by Ordinance 40, Series of 1994. The property was initially zoned Open Space (OP) via Ordinance 47, Series of 1994. In 1996, the entire Maroon Creek Club was rezoned via Ordinance 40, Series of 1996. In that Ordinance, Parcel A (the subject parcel) was rezoned to Park (P) with a PUI) overlay. The applicant is requesting approval for a 915 square foot Ridge Air Terminal Lightening Protection System with storage area and bathroom. The structure will be located on the driving range, and will match the materials on similar structures on the golf course. The structure is an accessory structure on the golf course, and will not contain any net leasable space. In 1993, the Maroon Creek Club was approved by the Pitkin County Commissioners via Resolution 93 — 104. This resolution approved the following uses for the golf course: • A halfway house /snack bar of no more than 1,200 sq. ft. • An 8,000 sq. ft. golf cart storage and maintenance building • 159 new parking spaces at the Grand Champions Club • 20,900 sq. ft. of new commercial space at the Grand Champions Club. STAFF EVALUATION: Staff finds that the request for a lightening shelter with bathroom and storage is consistent with the previous approvals for the Maroon Creek Club Subdivision and PUD. The proposal is consistent with the PUD review criteria for an Insubstantial Amendment. Page loft �+ 1 DECISION: The Community Development Director finds the Insubstantial PUD Amendment for Maroon Creek Club to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the amendment as specified below. The approved Insubstantial PUD Amendment for Maroon Creek Club, allows for the addition of a bathroom /lightening shelter on the golf course at the driving range as depicted in Exhibit A. APPROVED BY: I. Chris Bendon Date Community Development Director Attachments: Exhibit A — Approved Plans Exhibit B — Review Standards Page 2of 2 �.. E.)<IAA ►t A :i MD MD $ dd zr ° , dsd° i 'e a si $ - In" ' 8 S `<' a @ i4 €M ;y 23 &. 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I _— 0 1 II i!I 1 ! 4! 11 i1 Yl �i,j� n f�itli O s m i 6Ys$ :R 3 1 4 111111 ya 11 e 1' g €g .14 R; 1 :111 a °: € Y ; Ec 11 1 WC" '_4 - m f _ - d F { f '- F F F i E" Ea b a 'OP; i C m 0 1 T - 0 z __,�_ _i__ i �E ! 1 I R k 1 e . cn m 0 0 0 0 K 1 1 - i � El � I -- ice: 0 A z Via' 0 o a Cl ..," A n =I ,_ r o co Eg 0 0 g 0 i Exhibit B Maroon Creek Club, Insubstantial PUD Amendment PUD Insubstantial Amendments: Sec. 26.445.100.A An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff finding: The proposed changes to the Maroon Creek Club golf course do not change the use or character of the Planned Unit Development. The proposal is for an accessory structure that supports the main golf course use. The new structure will be consistent with other buildings on the golf course in terms of use, materials, and design. Staff finds this criterion met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff finding: The enclosure of this place constitutes less than a 1% increase in overall coverage of structures. Staff finds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff finding: The addition of this structure will improve the existing operations of the golf course by providing a bathroom and lightening shelter at the driving range. Trip generation should remain the same. Staff finds this criterion met. 4. A reduction by greater than three (3) percent of the approved open space. Staff finding: The amount of open space on the lot is being reduced by less than 1 %. Staff finds this criterion met. 5. A reduction by greater than one (1) percent of the off - street parking and loading space. Staff finding: Not applicable. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Staff finding: Not applicable. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff finding: The new structure is accessory and will contain storage, a bathroom, and will function as a lightening shelter. No new commercial space is being created. Staff finds this criterion met. 8. An increase by greater than one (l) percent in the approved residential density of the development. Staff finding: Not applicable 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff finding: The proposed changes to the Maroon Creek Club do not deviate from the original approvals. This proposal does not create non - conformity or require a variance. The proposal is also conformance with the underlying zone district — xxx. Staff finds this criterion met. A t I"*. S.xl • N HAAS LAND PLANNING, LLC REC'VED December 17, 2010 DEC 17 2010 Sara Adams, Senior Planner CITY OF AS Community N Community Development Department COMMUNITY DEVELOPMENT 130 South Galena Street Aspen, CO 81611 RE: Insubstantial PUD Amendment to the Maroon Creek Club PUD Dear Sara: Please consider this letter and the attached exhibits to represent a formal request for approval of an Insubstantial Amendment to the Maroon Creek Club PUD. The applicant is seeking to add a bathroom /lightning protection shelter at the driving range. Final Plat approval for the Maroon Creek Club was established pursuant to the Pitkin County Board of County Commissioners (BOCC) Resolution No. 93 -104. The project was approved as a residential and golf course development consisting of single - family homes, multi- family homes, employee housing, golf course facilities and the golf course. The golf club development included an 18- hole course, a driving range, a practice green, a snack bar, a golf cart storage and maintenance building, parking, and additional commercial square footage for the Grand Champions Club. The property has since been annexed into the City of Aspen, yet the approvals and associated limitations adopted by the BOCC remain in effect. When approved, the total property consisted of approximately 369 acres, located north and west of Maroon Creek, on both sides of the highway and included portions of the Buttermilk ski area (Tiehack). The resolution outlines the golf club square footage as follows: • A halfway house /snack bar of no more than 1,200sf on the golf course; • An 8,000 square foot golf cart storage and maintenance building; • 159 additional parking spaces at the Grand Champions Club; and • 20,900 square feet additional commercial square footage to the Grand Champions Club. • 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 81 61 1 • • PHONE: (970) 925-7819 • FAX: (970) 925 -7395 • The applicant is proposing to build a lightning protection shelter /bathroom with the following features: • a Ridge Air Terminal Lightning Protection System; • wood shake - shingle siding walls and roof to match the comfort station near the 13th green; • rough -cut wood fascia; • cast iron decorative column braces; • stone veneer walls and columns; • a hollow metal door; • a water cooler; • a small restroom; and • a small storage area. Section 26.445.100 of the City of Aspen Land Use Code provides that, An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. 4. A reduction by greater than three percent (3 %) of the approved open space. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one percent (1%) in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The development proposed by this application (a lightning protection shelter /bathroom at the driving range) qualifies as an insubstantial amendment for the following reasons: Maroon CC Insubstantial PUD Amendment Page 2 • it does not change the use or character of the development as the golf course already has existing restroom and lightning shelters, and the new design is consistent with the existing buildings; • it does not increase the overall coverage of structures on the land by more than three percent (3 %) as the proposed structure's footprint is just under 915sf and the PUD includes 189.77 acres ( .000111 %); • it will have no effect on trip generations or the demand for public facilities. See letter from Sopris Engineering (Exhibit 5), and will serve letters from Qwest, Holy Cross Energy, the City of Aspen Water Department and the Aspen Consolidated Sanitation District (Exhibit 6); • it will not reduce the approved open space by more than three (3) percent as the proposed structure has a footprint of less than 915sf and the PUD includes 189.77 acres of open space (including the golf course)(.000111 %); • it will not reduce the off - street parking and loading space at all, much less by greater than one (1) percent; • it will have no effect whatsoever on the required pavement widths or rights -of -way for streets and easements; • no leasable commercial space will be created; • it does not increase the approved residential density of the development; • the change is not inconsistent with any conditions or representations of the project's original approval; and • it does not require granting a variation from the project's approved use or dimensional requirements. The lightning shelter /bathroom is an accessory structure only and does not include any commercial space. In fact, in the 2008 pre - application conference summary, staff determined that the request would be consistent with the requirements for an insubstantial amendment. Additionally, staff stated that no growth management mitigation would be required for this development. The applicable regulations have not changed since the summary was issued. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitc aas Owner/ Manager Maroon CC Insubstantial PUD Amendment Page 3 Exhibits: 1. Land Use Application Form 2. Proof of Ownership (Amended Ground Lease -1 copy provided) 3. Pre - application Conference Summary 4. Authorization Letter 5. Letter from Yancy Nichol of Sopris Engineering 6. Will Serve Letters from Holy Cross, Aspen Consolidated Sanitation District, City of Aspen Water Department and Qwest 7. Fee Agreement Attachments: • Existing Conditions Survey (2 Sheets) • Proposed Site Plan (1 Sheet) • Architectural Plans (1 Sheet) Maroon CC Insubstantial PUD Amendment Page 4 EXHIBIT 1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: / y Name: M arbor) (reef(' l /� l [L Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 3.113 5 — 1 a OR- O S3 APPLICANT: n Name: /l4 l J P /^ ^ / P. U1 l^ h P n / 4na /t r-4-1' fA Pt - Address: Gri,Y-K G' i 9-i r,f IT / . 6 0 c it ✓Y{�/ 1 / Yi S�Pn T.44// Phone C g2,5"-/936 REPRESENTATIVE: / ,� /� Name: Haas Land Pi r n I r7 ,� g /� Address: 2d 1 N . M 1 l Sf. Su (-/ I O R , /-I M') J CO W161/ Phone #: ( 9?-5 - p I TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment I, Other: s v 1 JSlexe), ❑ Conditional Use POD ,9man n //c{ EXISTING CONDMONS: (description of existing buildings, uses, previous approvals, etc.) -ti/ •U 2 i'U8 /nit . PROPOSAL: (description of proposed buildings, uses, modifications, etc.) IA d rl► .hrrn rrF ti nom / I; 3 h4ni pro rf-1cm sG1eNer aL � chi) dlnc raiw, Have you attachW the follov*hng? FEES DUE: $ ! y 7 _a Conference Summary [Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -1) modeL EXHIBIT CITY OF ASPEN I . PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429 -2745 DATE: 9.25.2008 PROJECT: Maroon Creek Club REPRESENTATIVE: Kim Wiel, POSS Architecture + Planning Tel: 925.4755 DESCRIPTION The Applicant would like to add a bathroom/lightning protection shelter at the far end of the driving range at the Maroon Creek Club. The original approvals from 1993 for the Maroon Creek Club specify maximum gross square footage for each building permitted on the golf course site. Staff has determined that the proposed amendment is consistent with the requirements for an Insubstantial Amendment. The applicant can apply for an Insubstantial PUD amendment to be approved by the Community Development Director. The applicant will not be permitted to apply for anymore incremental changes that affect square footage without submitting a future development plan to be approved at a public hearing before a review board. The current development has built out the gross square footage that was approved for each building in the final PUD. No growth management mitigation will be required for the bathroom/lightening protection shelter. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 (A) Planned Unit Development— Insubstantial PUD Amendment http://www.aspenpitkin.comidepts138/citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - Director of Community Development Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $235 /hour) plus $212 for Minor Engineering Department referral. Total Deposit: $947 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre - Application Conference Summary. 6. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 8112" by 11" vicinity map locating the parcel within the City of Aspen. 9. Existing and proposed site plan. 10. Existing and proposed floor plans and elevation drawings that include the proposed dimensional requirements. 11. Site improvement survey that includes all existing natural and manmade features of the property. 12. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 13. Applications shall be provided in paper format as well as the text only on either of the following digital formats. Compact Disk (CD) or zip disk. Microsoft Word format is preferred. Text format easily converted to Word is acceptable. 14. Additional application material as required for each specific review. (See application packet and land use code) 15. 3 Copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. y ;" EXHIBIT OLS . MAROON CREEK CLUB 10 Club Circle • Aspen Colorado 81611 • telephone 970 920 1533 • facsimile 970 920 1095 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: Maroon Creek Club, Parcel A, Insubstantial PUD Amendment (PID# 2735- 112 -09 -053) To whom it may concern: As Manager for the ownership group of the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP), Poss Architecture + Planning (Poss), and Sopris Engineering, LLC (Sopris) to act as our designated and authorized representatives for the preparation, submittal and processing of an application requesting an Insubstantial PUD Amendment for a new bathroom /lightning protection shelter at the driving range. HLP, Poss and Sopris are also authorized to represent us in meetings with City staff, the Planning and Zoning Commission, and the Aspen City Council. If you should have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, Maroon Creek Limited Liability Company Andrew Hecht, Manager December 7, 2010 Mitch Haas Haas Land Planning, LLC .f 201 N. Mill St, Ste. 108 { -! " f. Aspen, CO 81611 ' . , t. a • RE: Proposed Maroon Creek Golf Course Lightening Safety Structure - Community Impacts SE Job #: 10180 Mitch, As requested, we have reviewed the potential community impacts that will be associated with the proposed lightening safety structure at Maroon Creek Golf Course. It is our understanding that the structure will be built at the end of the existing driving range at the Maroon Creek Golf Course and will provide protection for the golfers during lightening storms and will contain restrooms for the convenience of the golfers. We further understand that the structure will only be utilized by the Golf Course's existing members as it is not a public course. The anticipated community impacts associated with this structure are as follows: • TRAFFIC -There will be no increase in traffic due to the structure as it will only be used by the members of the golf course and will not generate any additional users. • WATER -Since the structure won't generate any additional users, and will contain only one bathroom facility, the demand for water will ne negligible and well within existing service capacities. • SEWER- Since the structure won't generate any additional users, and will contain only one bathroom facility, the demand for sewer service will ne negligible and well within existing service capacities (see provided "will- serve" letter from ACSD). Please let me know if you have any questions or need any additional information. Se 71, NGI (NG,, LLC • il SAY '; c yNi ��fP E . 1 ' to gal Cc: Kim Weil -Poss and Associates 10180- traffic.docx 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704 -0311 • Fax (970) 704 -0313 SOPRIS ENGINEERING • LLC civil consultants • EXHIBIT G% OSS h O P S < 3799 HIGHWAY 82•P.O • GLENWOOD SPRINGS, COLORA (970) 945 -5491 • FAX (970) 9 J' 9;h sso8) November 24, 2010 Aj Summers, ELT. Sopris Engineering LLC 502 Main Street, Suite A3 Carbondale, CO 81623 RE: Maroon Creek Club Restroom /Lighting Shelter Addition Dear Mr. Summers: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject Yo necessary governmental approvals. Please advise when you wish to proceed with the development of the electric system for this protect. • Sincerely, HOLY CROSS ENERGY (d c Phyllis Wittet, Engineering Department Pw ftet®holvcross.com (970)947 -5469 PW:vw • • A Touchstone Energy' Cooperative l 0 Q wesr' C Spirit of Service 11/29/2010 AJ Summers Project Coordinator Sopris Engineering 502 Main Street, Suite A3 Carbondale, CO 81623 Re: Maroon Creek Club, Restroom /Lightning Shelter Qwest Communications will provide telephone facilities to Maroon Creek Club, Restroom /Lightning Shelter as defined by the current PUC Tariffs. Jason Sharpe Senior Field Engineer 970 - 384 -0238 , • • December 15, 2010 THE CITY OF ASPEN • WATER DEPARTMENT A.J. Summers Sopris Engineering 502 Main St, Suite A3 Carbondale, CO 81623 Dear Mr. Summers: Subject: Maroon Creek Club Restroom/Lightning Shelter In response to your recent request, this letter will service as written verification that the City of Aspen Water Department has sufficient capacity to service the above - referenced location. This letter, however, in no way guarantees the existence or condition of each individual property's water service line, which, in accordance with the City of A spen Municipal Code, is the property and responsibility of the property owner. If you have need or additional information concerning the City of Aspen water availability and service, please do not hesitate to contact me at 970- 920 -5111. Sincerely, Phil Overeynder . 'Director of Utilities and Environmental Initiatives • 130 Sovm GAVNA STREET • As?RN, COLORADO 81611 -1975 • PHONE 970.920.5110 • Fax 970.9205117 . - Panted on Recycled rape. ■ Aspen Consolidated Sanitation District Michael Kelly • Chair . Stoney Davis. 7ohn,Keleher, :,Vice Chair r , Toe Zanin Roy Holloway • Sec /Treas Bruce Matherly • Mgr November 24, 2010 AJ Summers Sopris Engineering 502 Main Street Suite A3 Carbondale, CO 81623 RE: Commitment to Serve: Maroon Creek Club Restroom and Lightning Shelter To Whom It May Concern: . The Aspen Consolidated Sanitation District currently has sufficient wastewater collection and treatment capacity to serve this project. Service is contingent upon compliance with the district's rules, regulations, and specifications, which are on file at the District office. A tap permit must be completed at our office when detailed plans become available. Fees will be estimated at that time. The total connection charges due the District must be paid prior to the issuance of a foundation and /or infrastructure permit. Sincerely, Thomas R. Bracewell Collection Systems Superintendent CC Bruce Matherly, ACSD District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925 -3601 / FAX (970)925 -2537 EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and The Maroon Creek Club, c/o Andrew Hecht, Manager (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial PUD Amendment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fmdings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 947* which is for 3 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 with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon Andrew Hecht, Manager Community Development Director Date: \\ A7 %O Billing Address and Telephone Number: *:$735 Planning Deposit, plus $212 Minor Maroon Creek Club Engineering Dept. referral c/o Andy Hecht, Manager Garfield & Hecht, P.C. 601 E. Hyman Ave. Aspen, CO 81611 (970) 925-1936 Jennifer Phelan From Jennifer Phelan Sent: Tuesday, December 21, 2010 10:03 AM To: 'Mitch Haas' Subject: RE: completeness review Hi Mitch: all we needed was the lease agreement. Thanks for sending it. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com Original Message From: Mitch Haas [mailto:mhaas @sopris.net] Sent: Monday, December 20, 2010 3:38 PM To: Jennifer Phelan Cc: 'Jodilynn Jacobson' Subject: RE: completeness review The total submittal does contain proof of ownership, or at least it was supposed to. I thought we had supplied it but only one copy since it's over 30 pages and in the form of a ground lease from the City of Aspen. Anyway, here it is attached again. We purposely omitted the dimensional requirements form as it seemed fully irrelevant inasmuch as it added nothing. If you must have this form, just let me know although most of it will just say "N /A" or "TBD." - Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925 -7819 Fax: (970) 925 -7395 Email: mhaas(dsopris.net Confidentiality note: The above email and any attachments contain information that may be confidential and /or privileged. The information is for the use of the individual or entity originally intended. If you are not the intended recipient, any disclosure, copying, distribution or use of this information is prohibited. If this transmission is received in error, please immediately notify the sender and delete this message and its attachments, if any. 1 Original Message From: Jennifer Phelan [mailto:Jennifer.Phelan @ci.aspen.co.us] Sent: Monday, December 20, 2010 2:55 PM To: Mitch Haas Subject: FW: completness review Hi Mitch: FYI, the Maroon Creek Club application did not contain proof of ownership or exhibit 2. Please submit at your convenience. Thanks, Jennifer Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com Original Message From: Jennifer [ mailto:jennifep @ci.aspen.co.us] Sent: Monday, December 20, 2010 2:38 PM To: Jennifer Phelan Subject: This E -mail was sent from "RNPE9642B" (Aficio MP 4000). Scan Date: 12.20.2010 14:38:21 ( -0700) 2 1 1 AMENDED GROUND LEASE' . • THIS AMENDED GROUND LEASE is made and entered into upon the date(s) as indicated below by and between THE CITY OT ASPEN, a municipal corporation ( "Landlord "), and PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company, 601 East Hyman, Aspen, Colorado (sometimes hereinafter referred to as "Tenant "). • R E C I T A L WHEREAS, on February 12, 1990, the city of Aspen entered into a long -term ground lease with the Maroon Creek Development Corporation, a Colorado-corporation ('!MCDC "), for that certain parcel of municipal property comprising approximately 45.48 acres and commonly known as the "Zoline Open Space Parcel"' "Origi- nal Lease "); and WHEREAS, Paragraph 31 of the Original Lease provided that MCDC shall be permitted in whole or in part to assign said lease upon the consent of the Landlord, which consent shall not be unreasonably withheld; and WHEREAS, MCDC notified Landlord on or about February 11, 1993, of its intent and desire to assign all of its rights, obligations and interests in the Original Lease to Pearce ,Equi- ties Group II Limited Liability Company (sometimes hereinafter referred to as "Pearce Equities Group II "); and WHEREAS, Pearce Equities Group II has indicated a willing- ness and desire to succeed to the interests of MCDC under the Original Lease and has executed an assignment of lease agreement with MCDC to effectuate same, which agreement has been presented to Landlord; and WHEREAS, Pearce Equities Group II has executed a "waiver" of that condition as contained in Paragraph 2 of,the Original Lease requiring tin.afapp -oval by ti elnill County County Commissioners of the land use application for the Pfister • Ranch /Golf Course as a prerequisite to the commencement of the Original Lease; and WHEREAS, Pearce Equities Group II has tendered to Landlord certified funds in the sum of $741,250.00 representing that amount due Landlord under the terms of the Original Lease in order to secure and commence the lease; and WHEREAS, Landlord and Tenant have agreed to certain amend- ments to the Original Lease and desire to incorporate such amend- VLl 1G PJ7 JJU1 Gi th1LLU 1 rtLhl P.0 P.3 ments into a lease agreement that shall supersede and replace the • Original Lease; and WHEREAS, Landlord has agreed to consent to the assignment of MCDC's rights and interests in the Original Lease to!Pearce Equities Group II in consideration of and so as to accommodate and obtain the execution of this Amended Ground Lease; and WHEREAS, it is the intent of the Landlord and Tenant that this Amended Ground Lease shall supersede and replace the Origi- nal Lease for the 'Zoline open Space Parcel in all respects. NOW, THEREFORE, in consideration of the terms and conditions as expressed herein, Landlord and Tenant covenant and agree as follows: 1. Lease of Premises. In consideration of the rents,_ covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant all of Landlord's right, title and interest in the following described property, situate in'the county of Pitkin, State of Colorado, to -wit ( "Premises"): As set forth in Exhibit "A" attached hereto and incor- porated herein by this reference. 2. Term. The Term of this lease (the "Term ") shall be for a period which shall begin on the Commencement Date pnd shall continue for a period of ninety -nine (99) years, except that should Tenant fail to substantially complete construction of•the golf course on the Premises as described in paragraph 4 below by June 1, 1997, then this lease shall automatically terminate with all rents paid to Landlord through such date to be retained by Landlord without rebate or refund to Tenant. Tenanti shall also have the -right to terminate this lease at any time upon the mailing of a written notice to Landlord at least ninety (90) days in advance of the anticipated termination date. 1' -.. ...pmmencement- Date.- This leaaeaha t l commence—upon-the— — _- execution of this Amended Ground Lease by the parties hereto. In the event the parties do not execute the Amended Ground Lease on the same date, then this lease shall commence upon the date the last party executed same. Tenant shall be entitled to use the Premises solely for t design, construction,.operation, maintenance, repair and replacement of a golf course or part of al golf course, together with all uses ancillary thereto including, but not limited'to, excavation, earthmoving, creation of berms, bunkers, and other landscaping features and the planting, maintaining or 2 cot removing of any natural or other ground cover of alli kinds, . including grass, sod, trees, bushes, sand, ponds and ditches, installation of sprinklers or other watering systems', signs, parking, , roads, trails, paths and the and any obstac es, . I Landlord ees a Tenan s a e to the Premises prior to the Commencement Date for purposes of plann.ng, includ- ing the performance of reasonable soil tests. There be no structures permitted to be placed on the Premises except shelters from the weather and sheds containing maintenance equipment and materials for the golf course. Only_ electric golf carts shall be permitted on. the golf course, except that construction and maintenance equipment shall be permitted as necessary to the operations of the course. In the event that electric carts shall prove to be inefficient or incompatible with the design of the course in Tenant's opinion, other golf carts with pollution - mitigating devices shall be permitted. Except for weather and necessary maintenance or reconstruction purposes, should Tenant fail to operate or maintain the Premises as a golf course for a period in excess of. one golf season without the written approval of Landlord, then such failure shall Constitute an apandonment of the Premises and a material breach of this agreementlentitling Landlord to terminate same and take possession of the Premises. 5. Rent. Tenant has tendered to Landlord certified funds in the sum of $741,250.00 representing all payments made to data by Landlord to the Zoline Foundation pursuant to that secured non-recourse promissory note in the amount of 51,075 dated August 10, 1987 (a copy of which is attached hereto ouas note Exhibit "B" and referred to hereinafter as the "Note('), arising from Landlord's original purchase of the Premises from the Zoline Foundation. In addition to the payment of the $741,250.00, which Landlord hereby accepts and acknowledges, Tenant shall pay to Landlord as rent for the Premises payments equal to the future payments due from the Landlord to the Zoline Foundation under the terms of the Note, said payments to continue and- -to -be -.made in .a- timely fashion_in:_accpr$once thA — - schedule of interest and payments attached to said Note, which is fully incorporated herein by this reference, assuming no prepay- ments of principal, or until a notice of termination is sent to Landlord and recorded in the real estate records of Pitkin County, Colorado. Tenant shall have the right to prepay the rent at any time in accordance with Landlord's right to prepay the Note. Upon final and full payment of the Note, Landlord shall secure a timely release of the corresponding deed of`trust encumbering the Premises as security for the Note. 3 •JL.i 1J ,O tlt. lcr' ^I hi<r UtLU L rtLHI Y.I- P.5 , ) - I • 1 6. Taxes and Utility Expenses. Tenant shall during the Term punctually pay and discharge or cause to be paid and dis- charged, as and when the same shall become dun and payable, all general. property taxes affecting the 'Premises, if any. Tenant shall have the benefit of all tax and other exemptions available to Landlord with respect to the Premises to the exte t permitted by law. Tenant shall be .deemed to have complied with the cove- nants hereof if payment of such taxes and assessment have been made either within any period allowed by law or by the governmen- tal authority imposing the same during which payment' is permitted without penalty or interest or before the same shall:become a currently payable lien upon the Premises, and Tenant shall deliver to Landlord satisfactory evidence of payment within thirty (30) days after the date payment is due. Tenant shall have the right to contest in good faith any taxes or' assessments by legal proceedings. Tenant shall conduct such proceedings promptly at its own cost and expense and free of any expense to Landlord. If necessary, Landlord shall cooperate and shall execute all documents reasonably necessary to, enable Tenant to proceed with the contest. Notwithstanding the foregoing, howev- er, Tenant shall promptly pay all taxes or assessments.if at any time the Premises or any part thereof shall be subject to forfei- ture because of the nonpayment. In the event.of any reduction, cancellation or discharge of taxes, Tenant shall promptly pay the i amount finally levied or assessed against the Premises or adjudi- cated to be due and payable on any such contested taxes. Tenant shall during the Term pay all utility expenses including, if applicable, costs and expenses of providing water, gas and electric services to the Premises. In no event, however, shall Tenant be required to pay any franchise, income, inheritance, estate, succession, transfer or gift taxes that are or may be imposed upon Landlord, its successors or assigns, except in the event such tax, expense or cost arises solely from Tenant's use of the Premises. 7. Retained Rights. Tenant agrees to allow Landlord to maintain public use of a portion of the Premises for public . recreational trails as does 'tio rrere -xft intended use '- -- -- of the Premises by Tenant. The Landlord understands that the golf course,is not yet designed and it is therefor impossible at this time to designate the location fer such trails.' All public , trails as permitted hereunder to the Landlord on the Premises ( "Retained Rights ") shall be restricted to bicycles, foot traf- fic, and cross country skiing, specifically excluding all motor- ized vehicles and animals (except dogs on leash during those periods when the trails are not in use for cross country skiing, during which time dogs shall be prohibited entirely). The • number, location and extent of public trails shall be subordinate to rights of Tenant hereunder and public trails may be relocated 4 i at Tenant's reasonable discretion from such trails will be available for p ublic use during all and at all times, except during construction periods. Tenant agrees to link such trails to other trails existing at the time of the execution of this lease in the area over lands within the control of Tenant or Landlord or Pitkin County. In addition, Tenant shall not unreasonably withhold its consent to linking suqh trails to public trails to be constructed in the future; provided, however, it shall not be unreasonable for tenant to withhold its consent where the linking of trails would cause damage to or adversely affect the golf course. Tenant agrees to allow full and normal maintenance of trails by Landlord, includ- ing, but not limited to, use of the Piston Bully, mechanized broom cleaning devices, weed spraying equipment and other such . equipment, Subject to the terms, conditions and limitations of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et, seq., Landlord shall at all times remain solely responsible for inju- ries, demands, damages, losses or judgments arising from its negligence, or the negligence of its employees, in the mainte- nance, operation and public use of the public trails! traversing the Premises and Tenant shall not be liable for injuries or claims resulting from Landlord's negligence, or management of the trails. Landlord and Tenant understand and agree that Landlord is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA property /casualty pool. Copies of the CIRSA policies and coverages are maintained at the offices of the City Attorney of the City of Aspen and are available for inspection during regular business hours. Landlord makes no representations with respect to specific coverages provided by CIRSA. Landlord and Tenant further agree and ac- knowledge that Tenant shall receive all protections and benefits as afforded a lessee of land used for public recreational purpos es as provided under C.R.S. Section 33 -41 -101, et, seq. 8. public Use of Golf Course. Landlord understands that the use at-the Premises sha-11`b ..a- aivete _membership.club. __ However, Tenant further agrees and covenants that it will permit non - members to play on the golf course subject to the following terms and conditions and other rules of the golf course adopted by the Tenant from time to time not in conflict with the terms of this paragraph: • (a) The golf course will be available to non- members defined as follows as either: (1) employees who work in Pitkin County a minimum of thirty (30) hours per week; or 5 OCT 1E el ,19:113W1 GRRFILLL & HECHT P.0 P.7 • (2) full -time residents of Pitkin County who are sixty (60) years of age and over; or • (3) students who-are enrolled full -time in schools located in Pitkin County. (b) Use of the golf course by eligible persons as set forth in subparagraph (a) above shall be, at a minimum, as follows: (1) Mondays (except Memorial Day, July 4 and Labor Day weekends): 100% of all available tea timeh; provided, however, the course shall be closed to non - members from noon to closing on all Monday afternoons on which special events have been scheduled for the course. In the event that eligible persons do not use all available Monday tee times, members may use the course; provided, however, that members shall not be allowed to reserve Monday tee times in advance. The course shall not be open to non - members on Saturdays. (2) Tuesday through Friday and Sunday (excluding Sundays of holiday weekends as set forth in subparagraph (1) above: Four (4) ,tee times dispersed between starting time and noon. • (3) Tuesday through Friday and sunday, from " season opening through June 15 (excluding Sunday of Memorial Day weekend) and September 15 through season closing: Eight (8) tee times dispersed between starting time and noon. (c) Use of the golf course by eligible persons shall be limited to five (5) times per season, exclusive of tournaments and Monday afternoon public events. Tenant reserves the right to combine eligible persons into foursomes so as to maximize avail- ability of the course to eligible persons. need)-pelf. passes -will be_issued and renewed annually._to., ___ eligible persons for an initial administrative fee of $15.00, subject to an increase or decrease to the actual costs of admin- istration. - (e) Green fees for the first five (5) years shall be no more than thirty -five percent (35 %) greater than green fees charged to tourists at the Aspen Municipal Golf Course; thereaf- ter, green fees shall be no more than fifty percent (50 %) greater than those charged to tourists at the municipal course. Addi- tionally, and at all times, persons possessing a current City of Aspen golf pass shall be entitled to play one (1) round of golf each season for the cost of the Aspen Municipal Golf Course green 6 • ( - fee. In the event that at some time in the future the municipal course reduces or eliminates the green fees charged po tourists, .or is no longer owned and operated by Landlord, green fees charged by Tenant to non - members shall never be less than those last charged`by Tenant for non - members pursuant to this agree- ment, plus an annual increase based on the average annual in- crease over the term of the lease thus far expired. ! (f) Golf carts may be required in the event that Tenant determines that walking the course is not compatible with the use of the golf course. If used, fees will be the same as those charged by the municipal course for golf carts. 9. Title Insurance. Landlord has paid for an delivered to Tenant, and Tenant has accepted, a.leasehold title insurance policy for the Premises, excluding the water rights associated therewith. • 10. Leasehold Mortgages; Notice. For purposes&of this lease, the term "Permitted Mortgage" shall mean any (mortgage, deed of trust or other indenture constituting a lien on the lease or any part thereof, and all of the leasehold estate' or any interest therein, together with the note or obligations which it secures. Landlord covenants and agrees whenever and, as often as Tenant may require during the Term that Tenant may make, grant or enter into one or more Permitted Mortgages, including simulta- neous senior and junior Permitted Mortgages subject to the following: (a) Each Permitted Mortgage shall cover no interest in the Premises other than Tenant's interest in the lease and leasehold estate; (b) Tenant shall promptly deliver to Landlord in the manner herein provided for the giving of notices to Landlord, a true copy of the Permitted Mortgage; and (c) long as any Permitted Mortgage shall remain a - lien on Tenant's leasehold estate hereunder, Landlord agrees simultaneously with the giving of any notice to Tenant of de- fault, or of a matter on which a default may be predicated or claimed, that each holder or beneficiary of a Permitted Mortgage will have the same period after receipt of notice to, remedy the default. - 11. Environmental Issues. The parties acknowledge that the golf course is intended to be maintained in an environmentally sensitive manner. It is also understood that compliance with the requirements contained in the Pfister Ranch /Golf Course land use 7 OCT 18 '9D 09:2461, GRRFIELD & HECHT PLC p application filed with and approved by Pitkin County; Colorado, shall be deemed adequate to comply with this provision. A violation of this covenant shall not be a default under the provisions of this lease and the only enforcement ofisuch provi- sions shall be pursuant to the land use approvals and conditions as issued by Pitkin County; provided, however, that Landlord shall also have the right to enforce such approvals Pr conditions against Tenant by an action for specific performance. 12. Reclamation Bond. Prior to construction of the golf course, Tenant agrees to provide reclamation bonding. satisfactory to Landlord and sufficient to reclaim and restore th 'Premises if necessary to its original pre- construction condition; due to Tenant's failure to substantially complete the golf course by June 1, 1997. 13. Water Rights. This lease includes as part! of the leasehold estate for the use by Tenant, without payment of any additional rent, any and all water rights, ditch or ditch rights and shares of stock in any ditch company appurtenant to the Premises as set forth in Exhibit "C" hereto. With respect to the lease of the water rights, the.parties agree as follows: (a) If it is necessary for the Tenant to change the water right(s), as a change of water right is defined in C.R.S. Section 37- 92- 103(5), in order for the Tenant to use, water on the leased property for the Tenant's reasonable purposes, includ- ing but not limited to the irrigation of a golf course and maintenance of ponds thereon, then the Landlord will; not unrea- sonably withhold its consent to such a change. In such event, the Landlord shall have the option at its sole discretion and at Tenant's expense to prepare and file the application . for change of water right and to prosecute the change of water right through the Water Court. Tenant shall be entitled to consult with the Landlord and materially participate in the preparatipn of the application for change of water right and in the prosecution of the change ofvater_right proceeding. Alternatively should Landlord decline to prosecute the change`, Ten ht maj undertake to - - do so at its expense, in which event Landlord shall be entitled to consult with Tenant and materially participate in such action. (b) The Tenant shall beneficially use water diverted under the leased water rights, consistent with the reasonable requirements of the Tenant, for the operation of the Premises as a golf course. Tenant shall not waste, or cause to be wasted, or abandon any water or water right. (c) If the Tenant is fully utilizing the leased water rights on the Premises, and requires new or additional water 8 M I i rights to meet its reasonable needs for the operation of the Premises as a golf course, then the Tenant shall be entitled to obtain neW or additional water rights for use on the Premises, as long•as the Tenant continues to fully utilize the lensed water rights. ; ' (d) The Tenant shall irrigate the PremiseP and use the water diverted under the leased water rights consistent with historic use of the water rights. The parties agree that the „sprinkler irrigation of a golf course and the storage of water in golf course ponds is not inconsistent with the historic use of the leased water rights. (e) If the Landlord files an application for change of water right pursuant to C.R.S. Section 37- 92-103(5) With the Water Court, for one or more of the water rights which are subject to this lease, the Tenant may, at its option', join with the Landlord in the application and support the application if the granting of the application would not harm the Tenant in its use of water diverted under the subject water rights:, or in its use of water diverted under other water rights owned: or leased by the Tenant. (f) The Tenant agrees that it will not oppose an application filed by the Landlord for a water right or change of water right relating to the water rights which are subject to this lease, or .to any other water right which Landlord may own, as long as said application will not damage water rights owned or leased by the Tenant; or otherwise jeopardize the Tenant's plans for the development of its property located in Pitkin County, Colorado. The Landlord agrees that it will not oppose any water right application filed by the Tenant for a new water right or change of water right as long as said application does not threaten to damage Landlord's water rights, or jeopardize Land- lord's provision of water services to customers of water and use of water by the City of Aspen, Colorado. (g) -The Tenant agrees that the Landlord shall be allowed to cross the Premises with and /or install th'reon water systems facilities, including, but without limitatioi, water storage and treatment tanks and water storage ponds,•as long as the same do not interfere with the Tenant's use of the Premises as a golf course, subject to the consent of the Tenant, which consent - shall.not be unreasonably withheld. Any water system facilities shall be designed and constructed in such a manner that they shall be aesthetically consistent with the use and operation of the Premises as a golf course. The Landlord shall restore the contours and appearance of the premises to the condition which existed prior to the construction of said water 9 1 tl 0 OCJ 1G '9 P9.05Rrl GRRFIELD a HECH F.0 F. 11 r ;. systems facilities within 30 days of any installation, construc- tion or repair of such facilities which changes the pontours or appearance of the Premises. (h) The Tenant agrees that in the event there is a water emergency, which is declared by the Aspen Cityl council, and if the Tenant is requested by the.Landlord to curtail diversions. under the leased water rights so as to make water available for domestic use by persons served by the Aspen Water Department, or so as to maintain a minimum stream flow on Maroon creek, in an amount not to exceed 14 cis at its confluence with the Roaring Fork River, the Tenant will not divert water under the water rights which are subject to this lease during the period of said emergency. Notwithstanding the above, the Landlord agrees that in no event shall the Tenant be obligated to cease to divert water under the subject water rights as long as the Aspen Munici- pal Golf Course or similar municipal recreational areas continue to be irrigated in whole or in part. (i) The Tenant agrees that pesticides or fertilizers used on the Premises will be limited to those reasonably and • normally necessary to maintain the golf course in its regular operation. The Tenant agrees to apply said pesticides in a prudent manner, using only those quantities of pesticides reason- ably necessary for the operation of the golf course. The Tenant agrees not to store said pesticides on the Premises.: The Tenant agrees to indemnify and hold the Landlord harmless for any and all damages, costs and attorneys' fees incurred by Landlord as a result of the Tenant's use of pesticides on the Premises. (j) The Tenant agrees that toxic wastes used or generated on the Premises will be limited to those reasonably necessary to construct the golf course and then maintain the golf course in its normal operation. The Tenant agrees any toxic wastes generated by it on the Premises shall be limited to those which are normal by- products of the construction and operation of a golf course. The Tenant agrees to handle and dispose of said toxic wastes in a prudent manner. The Tenant agrees :not to store said toxic wastes on the Premises, and further agrees not to dispose of said toxic wastes on the Premises. The Tenant agrees to indemnify and hold the Landlord harmless for any and all damages, costs, and attorneys' fees incurred by the Landlord as a result of the Tenant's use of toxic wastes on the Premises. (k) To the extent that it is reasonably necessary for the Landlord to repair or clean the ditches through which the water diverted under the subject water rights is delivered, the Landlord shall give reasonable prior- written notice to the Tenant of its plans to do so. The Landlord further agrees that in 1C • undertaking these operations, it will make - all reasonable efforts to minimize to the greatest extent possible its interference with the Tenant's use of the Premises. (1) Notwithstanding the provisions of subparagraph (k), the Tenant shall have the right to operate the ditches, ponds and sprinklers on the Premises, through which the water diverted under the subject water rights is delivered' and shall have the sole, exclusive and paramount control over all diver- sion, transmission and storage facilities and structures upon the Premises. As between the Tenant and the Landlord, the Tenant shall be responsible for, and bear all costs of, constructing, maintaining, replacing, operating and cleaning the ditches, ponds and sprinkler systems through which the water is delivered, insofar as they are located on the Premises, together with any laterals or drains, sumps, water pumps, transmission storage structures and other facilities necessary for the use of this water on the Premises for the operation of a golf course. (m) The Landlord will cooperate with the Tenant in securing any easement necessary for the use on the Premises of water diverted under the subject water rights, but the Landlord shall not bear any costs of any work necessary to secure any easement not within the rights -of -way currently held : by the Landlord. (n) The Tenant acquires hereunder the right to use the leased water rights as provided herein, and all interest and claims of the Tenant in and to said leased water rights shall terminate after the use of said water as set forth herein, such that no right or benefit under the leased water rights shall remain by virtue of this agreement, or the use of water under the leased water rights, by Tenant, any successors -in- interest, or any individual. • (o) The Tenant may divert and use water under the • • subject water rights only at such times and to the extent water is permitted to ha taken from the above - described sources by the Division Engineer, Water Division No. 5, State of Colorado, under --------- the priorities established by law. The parties also; recognize that the supply of water under the above - described water rights is dependent on sources which are variable in quantity and /or quality and which are beyond the control of the Landlord. No liability shall attach to the Landlord hereunder on account of any failure to accurately anticipate the availability of water supply or because of an actual failure of water supply due to inadequate runoff, poor quality or other occurrence beyond the reasonable control of the Landlord. The Landlord has no oblige.- 11 . J :CT 18 '93 09:06°11 GARFIELD 8 HECHT P.0 P.1: I • , *_ion in any way to treat the water supplied "hereunder, and makes no warranties whatsoever as to the quality of the water supply. . (p) The Landlord reserves the right to reuse, to the extent permitted by law, the water which is diverted; by the Tenant hereunder. Except as is reasonably necessarylupon the ?remises, the Tenant shall have. no right whatsoever to reuse the water diverted under the leased water rights. (q) The Landlord shall have the right to ?temporarily suspend the raw water delivered hereunder in order t reconstruct or maintain any of the Landlord's facilities appurteF ant to or used in connection with, any of the Landlord's water rights. In the event the Landlord wishes to exercise the power granted in this paragraph, the Landlord shall inform the Tenant; in writing, at least 30 days in advance of the time the Landlord . will suspend the rights pursuant to this paragraph. The Landlord: :agrees to attempt to make such suspension at a time mutually convenient and least burdensome to both parties. (r) Neither party shall be held liable fop a failure to perform due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside the control of Zither party. (s) The Landlord may not declare a default under this lease due to the Tenant's alleged violation of any provision of this Paragraph 13, unless the Landlord has given prior written notice to the Tenant, specifying the grounds upon which the Landlord believes a default has occurred. The Tenant shall then have 30 days from the receipt of said written notice{ to cure the default, or in the alternative, if the default by it nature cannot be cured within said 30 days, the Tenant shall initiate action to cure said default within said 30 days, anal shall act with due diligence to complete the cure of said default within a reasonable period of time thereafter. If the default alleged is the Tenant's failure to beneficially use water under: the leased water rights, in lieu of curing the default, the Tenant may elect to release the unused water rights or portions thereof to the • Landlord for its use, which election shall be made by the Tenant. Notwithstanding the above portions of this subparagraph, if written notice of any default relating to an alleged! failure to beneficially use water is received by the Tenant between Septem ber land April 15, the Tenant shall have until the €ollowing. May 15 to make its election to either cure the default or release the water rights or portions thereof which it is not using. In no event shall any failure of the Tenant to comply with the provi- sions of Paragraph 13 of this lease result in a termination of this lease. The Landlord's sole remedy, should the Tenant 12 i 1 . violate Paragraph 13 of this lease and fail to timely cure said • default, shall be specific performance. 14. Landlord's Warranties and Representations. » Landlord warrants and represents to the best of its information and belief that (i) there are no easements or other restrictions or agree- ments encumbering or affecting the Premises that wouO prevent or interfere with Tenant's intended use thereof; (Si) Landlord has the right and lawful authority to enter into this lease for the term hereof and that Landlord is the owner in fee sijnple of the Premises free and clear of any liens and encumbrance$, except for that deed of trust recorded in the records of'the Pikin County Clerk and Recorder at Book 543 and Page 411 on Augus 10, 1987; (iii) Landlord's interest in the Premises or this lease shall not be further encumbered subsequent to the execution ofjthis lease; (iv) Landlord will do nothing to impair or change the condition of title to the Premises between the execution of this lease and its termination; and (v) the Landlord has not conveyed or encum- bered any of the water rights which are subject to this lease, subsequent to receiving title to the same, except for that Pledge Agreement executed between Landlord and the Zoline Foundation dated August 10, 1987. 1 15. Indemnification and Insurance. Tenant agrees to indemnify and save Landlord harmless from and against any and all claims and damages arising from Tenant's use of the Premises, including any and all claims arising•from the constriction or .operation of the golf course. Tenant shall obtain apd maintain in full force and effect at all times liability insurance from a company or surety licensed to do business in Colorado, with minimum liability limits no less than those judgment limits as set forth in C.R.S. Section 24- 10-114(1), as may be amended from time to time, naming Landlord as an additional or co'- insured. Any such policy shall provide that no cancellation or change of such policy shall be permitted without prior 30 -day written notice to Landlord, and waiver of all rights of subrogation which the insurer may have. 16. Eminent Domain.. (a) In the event the whole of the Premises shall be taken by the exercise of the power of eminent domain or under threat thereof, this lease shall terminate as of the date posses- sion thereof shall be so taken by or under the condemnor. (b) In the event less than the whole of the Premiss shall be taken by exercise of the .power of eminent domain or under threat thereof and, as a consequence thereof, Tenant's rights in og use of the Premises are substantially and materially 13 �.f CCT 1E '93 09 :0EAM GARFIELD $ HECHT P.0 P.1s impeded, Tenant shall have the right, upon notice tolLandlord within ten (10) days after the earlier of the'entry bf final judgment in the condemnation action or the delivery f possession of the Premises, to terminate this lease, effective s of the date possession is taken by or under the condemnor. ; Tenant's right to terminate this lease under this subsection (b) is subject to the prior approval of any leasehold mortgagee. (c) In the event this lease shall be terminated in whole or in part pursuant to subsection (a) or (b) of this Para- ' graph 16, each party shall thereupon be released from every obligation hereunder to the other, except: (1) with respect to any covenants hereof breached prior to the date of termination; and • (2) the obligation of Landlord to refund to Tenant any rent paid to Landlord which pertains to any period subsequent to the date of termination. (d) Any condemnation award, whether the same shall result from agreement'or from judicial or administrative deci- sion, by reason of a taking or damaging by condemnation of tha Premises or any portion or portions thereof or any rights or interests therein or resulting' in a requisitioning thereof by military or other public authority for any process arising out of a temporary emergency or other temporary circumstances, shall be distributed in accordance with any such agreement orias may be • provided by law. 17. Quiet Eniovment. Landlord covenants and agrees that Tenant may peaceably and quietly have, hold and enjoy the leased Premises -and the appurtenances thereto and enjoy the right to landscape the leased Premises in any manner required to construct a golf course designed by Tenant and redesigned from time to time during the term of this lease and any extension thereof. 12. Default. If Tenant defaults in the performance of any obligation under this lease, Landlord shall give notice to Tenant specifying the nature of the default together with a: twenty -five (25) day period within which to cure said default. If the default is other than the payment'of rent and is.of such nature that it cannot reasonably be cured within the time provided, then such time period shall be extended from time to time to a maximum of sixty (60) days so long as Tenant is proceeding with reasonable diligence to cure such default. Where any default is not cured within the time provided or any extension,' Landlord shall have the right to exercise any remedies available at law or equity, including, but not limited to, specific performance and 14 1 damages. In the event Landlord shall be in of any warranties, representations, or obligations it has under this lease, Tenant,'upon thirty (30) days notice to Landlord, may • exercise any remedies • available at law or equity including, but not limited to, specific performance and damages. 19. RelogatiOn gf Utility Lines and_Easements. Tenant, at • its sole expense, shall have the right to construct,' relocate or underground existing utility lines and easements if such con- struction, relocation or undergrounding does not interfere with the service of such utilities and is acceptable to the impacted utility. All above - ground utilities, excepting irrigation systems, shall only be relocated underground and existing underground utilities shall remain underground. 1 • 20. No Hazardous or Toxic Waste. To the best Of Landlord's knowledge, (i) the Premises does not contain, no actl.vity upon the Premises has produced, and the Premises has not peen used in any manner for the storage of any hazardous or toxic waste, materials, discharge, deposit, dumping, or contamination (with the exception of radon), whether of soil,•ground water or other- wise, which violates any applicable federal, state, local or other law, regulation, order, ordinance, rule, regulation or statute, including, without limitation, those relating to envi- ronmental protection, or requires reporting to any governmental authority; (ii) the Premises does not contain underground tanks of any type (with the exception of septic), or any materials containing or producing any poly - chlorinated bipheny'lls; and (iii) there are no surface or subsurface conditions which constitute, or with the passage of time may constitute, a public; or private nuisance. 21. Rule Against Perpetuities. If any of the terms, covenants, conditions, easements, restrictions, uses limitations or obligations created by this lease shall be unlawful or void for violation of: (a) the rule against perpetuities or some analogous statutory provision, (b) any rule, restriction or re- straint on alienation, or (c) any other statutory or• common law ___ • rules imposing like or similar time limits, then such provision shall continue only for the period of the life of James T. Pearce, Jr., his now living descendants, and the survivor of them, plus twenty -one (21) years. • 22. Interpretation of Lease. In the event that any ques- tion arises with respect to the interpretation of provisions of this lease, the Aspen City Manager shall have the authority to reach an agreement with Tenant on behalf of Landlord. .If in any instance the City Manager is unable to reach an agreement with Tenant, City Council shall have the authority to actIfor the 15 OCT 1E '93 09 :09AM GARFIELD S HECHT P.0 r '.1 Landlord with respect to interpretation of any provision of this lease. 23. pppliQable Law. This lease, and the rights and obliga- tion of the parties hereto, shall be interpreted and'oonstrued in accordance with the laws of the State of Colorado. Venus for all actions arising under the lease shall be in Pitkin County. The court shall award the prevailing party reasonable attorneys' fees and costs incurred by such party in any action enforcing the terms of this lease. 24. Severabi_lity. If any provision of this lease shall be invalid or unenforceable, the remainder of the provisions shall not be affected thereby and each and every provision shall be enforceable to the fullest extent permitted by law. • 25. Compliance with Laws. Tenant agrees to occupy and maintain the Premises in compliance with all state, federal and local laws and regulations that apply thereto. Tenant also agrees that in performing under this lease and in using the leased premises, it shall not discriminate against any worker, employee or job applicant, or any member of the publ1ic, because of race, color, creed, religion; ancestry, national prigin, sex, age; marital status, physical handicap, affectional or sexual orientation, family responsibility or political affiliation, nor otherwise commit an unfair employment practice. • 26. Binding Effect. This lease shall be binding on and inure to the benefit of the successors and assigns of the par- . ties. 27. Surrender at Expiration or Termination. Tenant shall, at the expiration of this lease, surrender the Premises to Land- lord. At the. expiration of the Term, or earlier termination, Tenant shall have the right to remove any improvements to the Premises made by Tenant, and Tenant shall, at Landlords' option, either (i) restore the Premises to its original condition, or (ii) leave the Premises in its existing condition. 28. Notices. Notices sent pursuant to provisions in this Lease shall be deemed given when. received by certified mail, return receipt requested, to either party hereto, at; the address set forth below: • 16 1 C r To the Tenant: Pearce Equities Group II Linited Liability Co. c/o Garfield & Hecht 601 East Hyman Avenue • Aspen, Colorado 81611 With a copy to: Andrew V. Hecht, Esq. 1 Garfield 6 Hecht • 601 East Hyman Avenue ' Aspen, Colorado 81611 To the Landlord: City of Aspen 1 c/o city Manager 130 South Galena Street Aspen, Colorado 81611 With copy to: • Office of the City Attorney 130 South Galena Street Aspen, Colorado 61611 Either party may change the address to which notice is to be sent by providing notice of the same to the other 'party. 29. Miscellaneous_. (a) This is an absolutely net lease and Landlord shall not be required to provide any services or do any act or thing with respect to the Premises or the appurtenances thereto, except • as may be specifically provided herein. (b) Tenant covenants and agrees with Landlord that Tenant will diligently care for and maintain the Premises. (c) Tenant shall be permitted to assign or sublet this lease. Landlord shall have the right to approve any assignment, which approval shall not be unreasonably withheld. (d) If any consent is required hereunder from Land- lord, and the Landlord fails to notify Tenant within thirty (30) days after the mailing of a written request therefor, it shall be deemed that such consent or approval has been given. Further, no 17 4 r OCT 18 '93 g9:10 GRPYIELD °. HECHT P.0 P.19 I ,r • consent that may be required of Landlord shall be unreasonably withheld. (e) Tenant agrees that it will operate the Premises so that no mechanics' or other liens shall attach against the same. In the event a lien should attach against the Premises, Tenant may provide a bond or other financial security satisfactory to Landlord guaranteeing the removal of the lien. Fail}ire to provide security or remove the lien may be treated by Landlord as a material breach of this agreement. In all events, Tenant shall post a notice of non - liability for mechanic's liens s specified at C.R.S. Section 38 -22 -105 on behalf of Landlord pr'or to under- taking any construction or improvements on the Premises from which a mechanic's lien could arise. (f) This lease may be executed in several counter- parts, each of which shall be an original, but all of which shall constitute one and the same original instrument. (g) No provision of this lease may be congtrued against the interest of any party merely because such party drafted the lease provision or provided language or Changes to be included in the lease, {h) This lease and any provision contained therein may not be amended or altered absent written agreement etecuted by both Landlord and Tenant. • (i) In the event compliance with any act, forbearance, duty, obligation, or performance, except for the payment of rent, as provided for in this agreement is prevented, delayed or interrupted by acts of God, natural disaster, strikes, fire or civil disturbance, or by law or government order or regulation, then such compliance shall be suspended without penalty until compliance may be reasonably achieved. 30. Estotoel Certificate. Landlord and Tenant shall at any time without charge execute' and deliver to each other within thirty (30) days after written request of the other, a certifi- cate evidencing whether or not: (a) the lease is in full force and effect( (b) the lease has been modified or amended in any respect and describing such modifications or amendment if any; and 18 (c) there are any existing defaults thereunder to the knowledge of the party executing the certificate and specifying the nature of such default, if any. • If either party shall fail to deliver such certificate within thirty (30) days after such request the lease shall be deemed in full force and effect, unmodified and without default. 31. Right Qf Ft_rst Refusal,. In the event Landlord desires to sell the Premises and a bona fide offer to purchase the Premises during the Term is received, and such offer; is satisfac- tory to Landlord, Tenant shall have the privilege of purchasing the Premises at the price and on the terms of the offer so made. This privilege shall be given by notice sent to Tenant by certi- fied mail, requiring Tenant to accept offer in writing and sign a suitable contract to purchase the Premises within the period of thirty (30) days after the mailing of the notice. Failure of Tenant to accept the offer to purchase or'sign a contract within the period provided shall nullify and void the privilege to Tenant, and Landlord shall be free to sell the Premises to any other person, firm or corporation. Notwithstand ing the above and foregoing, the right of first refusal as provided for herein shall not be triggered or come into effect should the City wish to transfer, convey or sell thebPremises to a non - profit organization, land trust, or similar entity. IN WITNESS WHEREOF, this Lease has been executed by the parties on the date(s) as specified below. CITY OF ASPEN 5. l3 By: John S. Bennett, Mayor Date: APPAL- 29 l�fG ATTEST: (SEAL) Xathryn S' Koc , City Clerk 19 OCT 1E '93 09 :11AM GARFIELD & HECHT P.0 9.21 PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY By� ..Lf, James T. Pearc Jr. Title: Member Date:__� �/ ✓� 20 \ r EXHIBIT "A" TO / AMENDED GROUND LEASE • ,A parcel of land situated in Section 2 and Section 11, Township 10 South, Range 85 West of the Sixth Principal Meridian, 'County. of Pitkin,.State of Colorado; said parcel being more particularly described as follows: • Commencing at the South Quarter Corner of Section 2, a 1954 Bureau of Land 'Management, Brass cap in place; •thence N. 40'31'02" W. 397.79 feet to the TrUe Point bf Beginning; thence S 00'58'04" W. 964.49 feet to the northerly right -of -way of Colorado State Highway No. 82; thence N. 60 W. along said right -of -way (according to the Colorado Department of Highways Project No. 2012 -B) 740.77 feet; thence continuing along said right -of -way along the arc of a curve to the right having a radius of 5680.00 feet and a central angle of 07'08'07 ", a distance of 707.35 feet (chord bears N. 57'17'3,5"' W. 706.89 feet) to the westerly line of Lot 21; thence leaving said right -of -way N. 00'58'04" E. along the westerly line of said Lot 21 226.41 feet; thence N. 02'28'04" E.' along' the westerly line of said Lot 21 and Lot 17, 1308.04 feet to the • existing southerly right - - way fence of county Road No. 12 -A; thence leaving said westerly lot line S. 85'42'33" E. along said southerly right -of -way fence 7.72 feet; thence continuing along said right -of -way fence N. 6B'00'39" E. 857.50 feet; thence 5. 07'16'09" W. along a north -south fence and fence extended, 763.01 feet; thence S. 36'21'42" E. 725.00 feet to the True Point of Beginning; said parcel containing. 45 acres more or less. w OCT iR '93 29 :1IPM GP.RPIELD S HECHT P.0 74IT "B" TO AMENDED P. ?? . :. — � ` ��. k' G ROUND LEASE E£GURED NON- $ECOURSE PROM /SSOF.y.NOTE $1,075,000.00 • Aspen, Colorado • August 10, 1987 This Note is executed this 10th day'oC August; 1987, by the City of Aspen,, a municipal corporation organized under the laws of the State of Colorado ( "Maker "), in favor of the.Zoline .Foundation, a not - for - profit corporation organized under the laws of the State.of Illinois ( "Holder "). 1. Promise to Pay. For value received, Maker hereby promises to pay to the order of Holder the principal sum of S1,075,000.00, without notice or grace, together with interest at the rate of 10% per annum from the date hereof on the unpaid balance of principal outstanding from time to time as hereinafter provided, all in lawful money of the United States of America which constitutes legal tender for payment of debts, public and private, at the time of payment, such principal and interest to be paid as provided herein. 2. Payment Provisions. (a) Installments of accrued interest in the amount of • $26,875.00 each shall be due and payable on November 1 1987, and on the 10th day of each February, May,.August and November thereafter to and including August 10, 1993. (b) Installments of principal in the amount of $107,500.00 each shall be due and payable on August 10, 1993, and on August 10 of each year thereafter to and including August 10, 2002. • ,/ 1 • �� {`/A �I`''` . (c) • On November 10, 1993, and on the loth- day.bf• each • • February, May, August and November thereafter to-and including August 10, 2002, installments of accrued interest on the . Principal balance of the Note then, outstanding shall be due.and payable. ' ` • (d) The entire unpaid principal balance and accrued interest thereon shall be due and payable August 10, 2002. T. schedule of interest and principal payments, assuming no pre— . payments of principal, is attached to this Note and incorporated herein, by this reference. 3. Place of Payment. Payment shall be made by Maker to /, Holder at c/o Joseph T. Zoline, 62,4 North Canon Drive, Beverly Hills, California 90210 or at such other address as may be designated from time to time by Holder by written notice to Maker. 4. ?repayment Privilege. Maker shall have the right to prepay any or all of the principal balance of the Note at any time, provided that any such payment shall first be applied to pay accrued' interest on the Note to the date of such payment and the balance thereof shall be applied against the principal installments provided for herein in the inverse order of their . maturity, 5. Default. (a) The failure of Maker to pay any installment of interest or principal when due hereunder shall constitute a default. 2 r^ .: 12PM teRFIFLD € HECHT P.C. "�l;i P.25 - ' . ' The• taking: of 'any action by..Maker,.: or ,omission. to take any action; which shall result the of a lien superior to that imposed by the First Deedof Trust or Pledge'. Agreement refe to in Paragraph 7 hereof shall also constitute • a' default... (c) Upon the occurrence of any default under this Note which is not remedied within thirty days after written notice to • Maker the maturity'of this Note may be accelerated and the. entire balance of principal and accrued interest shall become at once • due and payable. 6. Costs of Collection. Make and all parties now or hereafter liable for the payment of this Note, primarily or secondarily, directly or indirectly, and whether. as. endorser, guarantor, surety, or otherwise, agree to pay all costs and expenses, including,.reasonable attorneys' fees, incurred in collecting this Note or any part thereof or in preserving, securing possession of, or realizing upon any security for this Note, whether or not legal proceedings are commenced. 7. Security for Note. The prompt payment when due of all installments of interest upon and principal of this Note is secured by a Deed of Trust upon certain property in Pitkin County, Colorado, and by a Pledge Agreement, both of even date herewith. • • 8. Non - Recourse. In the event of default hereunder, Holder shall not be entitled to enforce payment out of any assets of Maker other than the property which is the subject of the Deed • • • of Trust and the property which is the subject of the P1adge .� • Agreement referred to in Paragraph above. Upon the obcurrence of a default as defined 'in paragraph 5 hereof, and its . 'continuance for thirty days after written notice thereof .to: Maker, Maker shall, upon Holder's written request reconvey to •,,, Holder all of the property covered by the Deed of Trust and • Pledge Agreement referred to in Paragraph 7 free and clear of any liens or encumbrances, except that imposed by the Deed of Trust. and the Pledge Agreement. Nothing herein shall deprive Holder of its right to foreclose upon the property which „is the subject of said Deed of Trust and the property which is the subject of said Pledge Agreement, but Maker shall not be liable for any deficiency judgment in any foreclosure proceeding. 9. Waiver of Demand, etc. Maker and all parties now or hereafter liable for the payment of this Note, primarily or secondarily, directly or indirectly, and whether as endorser, guarantor, surety, or otherwise, severally 'waive presentment, demand, notice of dishonor and of nonpayment, protest and notice of protest, and diligence in collection, and each consents to substitution, release, or impairment of collateral, the taking of additional collateral,' extensions of time for payment, renewals of this Note, and acceptance of partial payments, whether before, at, or after maturity, all or any of which may be done or made • without notice to Maker or any of said parties and without affecting its and their joint and several liabilities to Holder. 10., Successors to Maker or Holde . The term "Makerr', as Arr OCT 1E 'S3 .09 13RM GRRFIELD & HECHT P.CL. 1 P.27 , • used. herein'shall.'include the City l ef Aspen and any party who may subsequently become primarily liable fo'r the payment of this Note.. The term "Holder" as used herein shall include the original payee of this Note, or,. if this Note transferred, the then transferee of this Note, provided that, until written notice is given to Maker designating another party as Holder, Maker may consider the Holder to be the original payee or the party last • designated as Holder in a written notice to Maker. 11. Notices. Whenever any notice,•demand, or request is required or permitted under this Note, such notice, demand or request shall be in writing and shall be deemed to have been properly given or served when delivered in person to the proper party or when deposited in the United States mails, with adequate postage prepaid and sent by registered or certified mail with return receipt req bested, to the addresses set forth below or at such other addresses as are specified by written notice given. in accordance with the terms hereof: To Maker: ,City of Aspen c/o City Manager 130 South Galena Street Aspen, Colorado 81611 To Holder: The Zoline Foundation c/o Joseph T. Zoline 624 North Canon Drive • Beverly Hills, California 90210 12. Captions for Convenience. The captions to the paragraphs are for convenience only and shall not be considered 5 • OCT 1E '93 09: 1CAM GflC a HECHT P. •• . V^ ,. F?.2E ' • •� •rte, .. �'- -�. in interpreting the 13. Governing Law: Regardles$•of the place of its - "execution or enforcement, this Note shall be construed and enforcdd in accordance with the laws of the State of Colorado. • CITY QF "ASPPEN, COLORADO / • • By 1.=-K �� illiam L. Stirling, ? ATTTEEST: /f �{ " C�{�,�r . .c j.��� Kathryn S.ejKoch, city clerk . • ,,..\ . / •bCl 19 ' 9z., 09: 13Hil GARFIELD 8 HECH7 P.0 .P. • not< 6al nnce . ' ' Prineipel Interest i etnl ••' Purchase p rice : ,! . 11,375,000.00 7/20 06.m Payment LSO,uao,00 • '50,000.00 $1,325.000.00 • 8/i0 Doun Payment .5250,000.00 • :..50,000.00 51,075,000.00 11/10/87 . ' 526,075.00 526.875.00 51,075,000 :p0 2/10/88 526,075.00 126,075.00 11,075,000.00 5/10/88 •• 526,875.00 526,075.00 51,075,000.00 8/10/08 526,875.00 526,875.00 51,075,000.00 11/70/85 526,875.00 526,875.00 51,075,000.00 2710/89 • • • 126,875.00 526,875.00 11,075.000. 5/10/89 526.875.00 526,875.00 51 , 0/10/89 • 526,875.00 526,875.00 51,075,000.00 11/10/89 526,875.00 126,875.00 s1,075,000.00 2/10/90 526,875.00 526,875.00 61,075,000.00 5/10/90 . 526,875.00 526,875.00 51,075,000.00 0/10/90 526,875.00 :26,875.00 51,075,000.00 11/10/90 _ 526,875.00 126,875.00 51,075,000.00 2/10/91 526,875.00 126,875.00 $1,075.000.00 5/10/91 • 126,875.00 126,875.00 51,075,000.00 8/10/91 526,875.09 :26,875.00 • 11/10/91 126,875.00 526,875.00 11,075,000.00 2/10/92 526,875.00 526,875.00 ,1,075,000.00 , 5/10/92 526,875.00 526,875.00 11,075,000.00 8/10/92 526,875.00 576,875.00 51,075,000.00 11/10/92 526,875.00 526,875.00 51.075,000.00 2/10/93 126,075.00 526,075.00 51,075,000.00 5/10/93 526,875.00 526,675.00 61,075,000.00 8/10/93 5107,500,00 526,875.00 1134,375,00 :967,500.00 . 11/10/93 :24,187.50 524,187.50 5967,500.00. 2/10/94 :24,181.50 524,187.50 5967,500.03 5/10/94 524,187.50 524,187.50 5967,500.00 8/10/94 707,500.00 :24,187.50 5731,667.50 5860,000.00 11/10/94 521,500.00 :21,500.00 5860,000.00 2/10/95 121,500.00 :21,500.00 5860,000.00 5/10/95 121,500,00 521,500.00 1860,000.00 3/10/95 107,500.00 521,500.00 5129,000.00 5752,500.00 11/10/95 • 118,812.50 :18,812.50 5752,500.00 2/10/96 118,812.50 570,812.50 5752.500.00 5/10/96 118,812.50 518,812.50 5752,500.03 • 8/10/96 107,500.00 518,812.50 5126,312.50 :645,000.00 11/10/96 516.125.00 516,125.60 5645,000.00 2/10/97, 116,125700 516,125.00 3645•000.03 5/10/97, :16,125.00 116,125.00 5645.000.00 / 0/10/97 102,500.00 516,125.00 5123,625.03 5537,500.00 11/10/97 - 533,437.50 113,417.50 5537,500.00 2/10/98 513,437.50 513,437.50 5537.500.00 5/10/98 513,437.50 511,437.50 5517,500.63 6/10/98 107,500.00 513,437.50 5120,937.50 5430,000.00 11/10/98 :10,750.00 510.750.00 1430,000.00 2 /10/99 510,750,00 510,750.00 5430,000.03 5/10/99 510,750.00 510,750.00 5410.000.01 • 6/10/99 107,500.00 510,750.00 5113,250.00 5322,500.03 11/10/99 :8,062.50 58.062.50 1322,500.00 2/16/10 - 58,062.50 18,062.53 5322,500.00 • 5/10/00 sa,062.50 18,062.50 5122,500.00 8/10/00 107,500.00 58,062.50 5115,562.50 5215,000.00 11/10/00 55,375.00 15.375.0. 5215,000.00 2/10/01 15.175.00 55,175.00 5215,000.01 • 5/10/01 55,375.00 55.375.00 5215,000.00 8/10/01 107,500.00 55,375.00 5112,875.00 1107,500.03 11/10/01 52,687.50 52,687.50 1107,500.00 2/10/02 52,687.50 :2,687.50 5107,500.01 5/10/02 12,607.50 52,687.50 :107,500.00 8/10/02 107,500.00 12,687.50 5110,187.50 50.07 • OCT 18 '93 G79 IdRM GR TEL: S HEC T P.0 P. 7,0 1 • _ EXHIBIT "C" TO AMENDED GROUND LEASE • WATER RIGHTS DESCRIPTION In the Herrick Ditch No, 296 the right to divert and appropriate 1.28 c.t.s. of water under Priority No. 683 with appropriation date of August 1, 1951, as awarded to the Herrick Ditch by the District Court of Pitkin County, Colorado, on June 20, 1958. In Willow Creek Ditch No. 93 the right to divert and appropriate a total of 1.5 c.f.s. of water under three decrees, namely, Priority No. 129 with appropriation. date of July 1, 1885, as awarded to the Willow Creek Ditch by the District Court of Pitkin County on May 11, 1889; Priority No. 174 with appropriation date' or May 1, .1887, as decreed on May 11, 1889; and Priority No. 209 with appropriation date of April 15, 1891, as decreed on June 23, 1892. • • • • • 1 `� Z Gw zS Z k k S dd a ''2 zgoi § s z g aw�m o I E__ fm°�o�.9,og z- .00 .1... a 20 _ , v s W y'$,1 € Li � ` ' ,� ' - d li ��Wmi 1, r' .1 ' . c\ ! --j4 g 4 Q" 'a I IIII I I! 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A 1 re 1 CC Z a 0 FACE OF STUD WALL ;8 _ _ _ ¢ N T mdi:Id ➢s p a ' LL w O 0 t. v �Vl O T, 1 CC m BSI i• •I• ••J •I.0 ~1 4 a; ® 0 e O ® = 0 In ' 0 O O OA Wm C. 1 l 1 L z a 1 I `IY Oi a " © 0 O 0 5 5 G 4 6s U W9 ii 8 a §`. • I° �� W t6 w a i 4 w h g'g` N W ?K`m s o ''' ° °', s E w. s W o,. °a Wit gg : < I 8; p n' : F ki C _ e s- �a �� m m on � I e r I . QQ..f _ - a i 1 11 -�� D . l' I = o § n ¢ N 4M rr O .l����l a p _ i l ➢ �■ O ° l i e _ a' TC: ��l u'1 ■ - 1 1 __ ;r w° ys I� , a ¢� ° Z y > O O,E I m I- > w 0 ,w �IIU � _l W p 1111176: - °l <A III T i i 1 21 O em p I ntl ■o _ JI +1 0 — �I�al I.aQ. ■ii O - 1 1601 o .0 - .E .991 a �C 5Fm 8N ¢ m rth 8 3 ° sm (x i sl 8 • g o m s y„p s N d ow.. v THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 20, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0082.2010.ASLU — 10 Club Circle — Insubstantial PUD Amendment. The planner assigned to this case has not been assigned. CC,Your Land Use Application is incomplete: i We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Proof of Ownership /right to apply in the form of a current title certificate or letter from a Colorado licensed attorney. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. - .f1 You, A ( a - ✓ _ nnifer an, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No • Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No )C Commercial E.P.F. 1 • V o g e l , 2 35 -II7- -05-3 2-201D FLU File Edit Record Navigat Form Reports Format Tab Help _ 1X1 : At1 : *1:0101 il l. Status Fees Fee 5ummrarY Man Actions Attachments : Routing hkstory Valuation ArchjEnq 'Custom Fields Sub permits Parcels Pent type ask] 1'Aspen Land Use pad* 0082.2010.ASLU J I Address 10 CLUB CR ApOute l g pt y 'ASPEN State C0 1 Tip 181611 1 Permri Iricur atim y R queue aslu07 1 A led 12/1712010 Mager permit Project 1 1 Reps 'pending ' Approved o IsAId D INSUBSTANTIAL PUD AMENDMENT GOLF COURSE DEVELOPMENT Final Submitted ANDY HECHT 9251936 Clods Running 1 Days 1 01 Expires 12/1 2/2811 Submitted via 1 1 Owner Last name `MAROON CREEK LLC First name 10 CLUB CIR ASPEN CO 81611 Phone () • Address Applicant Owner is applicant? Contractor is apply ant? Lazt name HAAS LAND PLANNING LL( First name 201 N MILL ST STE 108 Phone 1(970) 925.7819 1 Cust A 25346 Address ASPEN CO 81611 Lender Last name First name Phone ( ) • 1 Address ays the permit lender's address — Asperiold5 [server) angelas Ybw loll _ ACA e\,\\\ ( 7A imam\--i 4-7 — 212 , L5D ����? „ 0.,(\