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HomeMy WebLinkAboutagenda.council.regular.202103231 AGENDA CITY COUNCIL REGULAR MEETING March 23, 2021 5:00 PM, City Council Chambers 130 S Galena Street, Aspen I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) City of Aspen is inviting you to a scheduled Webex meeting. 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Go to https://help.webex.com 1 2 V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VIA.Resolution #028, Series of 2021 - Contract for Material Testing and Inspection for Burlingame Ranch Phase 3 Construction VIB.Resolution #031, Series of 2021 - Concrete Replacement and Pedestrian Improvements Project Contract VIC.Board Appointment VID.Draft Minutes of February 23rd, 2021 and March 9th, 2021 VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES VIIIA.Ordinance #08, Series of 2021 - 1001 Ute Avenue | Minor Amendment to Project Review & 8040 Greenline Review IX.PUBLIC HEARINGS X.ACTION ITEMS XA.Resolution #033, Series of 2021 - Rules For 1020 E. Cooper Appeal XI.EXECUTIVE SESSION Pursuant to C.R.S. Section 24-6-402 (4)(f) Personnel matters: Council review of the City Attorney XII.ADJOURNMENT 2 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Development Project Manager THRU: Scott Miller, Public Works Director DATE OF MEMO: March 15, 2021 MEETING DATE: March 23, 2021 RE: Resolution #28 of 2021: Contract for Material Testing and Inspection for Burlingame Ranch Phase 3 Construction REQUEST OF COUNCIL: Staff is requesting approval of attached Resolution #28 of 2021 and associated contract (Exhibit A) between the City of Aspen and Kumar & Associates, Inc. for material testing and inspection services for the construction of 79 new deed-restricted affordable condominiums at Burlingame Ranch Phase 3. PREVIOUS COUNCIL ACTION: Council approved the 2021 budget for construction of the Burlingame Ranch Phase 3 affordable housing project. BACKGROUND: It is necessary to hire a qualified engineering firm to provide material testing and inspection services for the purpose of regulatory compliance and quality assurance. DISCUSSION: The City of Aspen issued the attached RFP (included with Exhibit A) for material testing and inspection services for the Burlingame Ranch Phase 3 project and received proposals from the following companies: • Kumar & Associates, Inc. • CTL Thompson, Inc. • North American Testing, Inc. With assistance from the City’s owner’s representative, Chris Penney with Artaic Group, project staff evaluated the proposals based on the selection criteria specified in the RFP, which are listed below: • Qualifications, Experience, References • Fee Proposal, including evaluation of completeness All of the firms evaluated were found to be qualified, and the evaluation team found the proposal from Kumar & Associates, Inc. to be the most cost efficient, primarily based on the hourly rates proposed for the scope of work and anticipated travel costs related to proximity to the project site. A letter of support for this selection from the City’s owner’s representative, Chris Penney with Artaic Group, is included as Exhibit B. The scope of services will include: • Subgrade bearing observation • Compaction testing of structural fill and base material • Soil testing 3 Page 2 of 2 • Reinforced steel concrete inspection • Concrete testing • Structural steel inspection • Asphalt testing As is customary for such projects, Kumar & Associates, Inc. will issue reports for all testing and inspections performed while the work is in process, and in the event that any work must be repaired or replaced as dictated by test results, the project team will enact repair and/or replacement as necessary. All testing and inspection reports will be kept on file by staff. The scope of work described herein is part of a larger quality assurance program which the project team is facilitating for this project. In addition to the services described here, additional quality assurance elements for the project will also include third-party quality assurance inspections (above and beyond required regulatory inspections) of the modular buildings during manufacturing at the modular factory in Boise, ID as well as additional on-site inspections of the building modules upon receipt at the project site, and roof inspections during the on-site fabrication of roofs and building appurtenances. Similar quality assurance activities will be performed for carport structures, retaining walls, infrastructure, and additional site work. FINANCIAL/BUDGET IMPACTS: The contract is hourly, and the actual budget impact will be based on actual hours spent. At this time, and based on estimated quantities for each type of testing and inspection, this item is within budget for this line-item. An updated project budget with this item included is attached as Exhibit C. RECOMMENDED ACTION: Staff recommends approval of Resolution #28 of 2021 and the associated contract with Kumar & Associates, Inc. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Agreement with Kumar & Associates Inc. (includes Proposal and RFP) Exhibit B – Letter of support from owner’s rep Exhibit C – Updated budget (with actual cost of this line-item included as described herein) 4 RESOLUTION #28 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KUMAR & ASSOCIATES, INC., AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement between the City of Aspen and Kumar & Associates, Inc., a true and accurate copy of which is attached hereto as “Exhibit A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the professional services agreement between the City of Aspen and Kumar & Associates, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23rd day of March, 2021. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 23, 2021. Nicole Henning, City Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Material Testing & Special Inspection RFP: SELECTION COMMITTEE MEMO DATE: 2/26/21 RE: CoA Project #2021-027: Burlingame Ranch Phase 3 Affordable Housing Development Material Testing & Special Inspection Services RFP The selection committee has completed the Material Testing and Special Inspection Services RFP solicitation process and recommends the City Council award the contract to Kumar & Associates, Inc. The solicitation process began on February 16, 2021, with the issuance of a Request for Proposals via www.BidnetDirect.com. All active candidates were invited to ask clarifying questions via Bidnet, but none were asked. On February 25, 2021, the City of Aspen received three proposals, from the following candidates: 1. CTL Thompson, Inc (CTL) 2. Kumar & Associates, Inc. (Kumar) 3. North America Testing, Inc. (NATI) After independent review, of the written submittals, the selection committee met on February 26, 2021 to discuss the proposals. At the conclusion of deliberation, the selection committee unanimously agreed to recommend Kumar, for the following reasons: 1. Qualifications: a. All firms are qualified, with over 30 years’ experience, long lists of project experience, and experienced personnel. b. CTL and Kumar are based in Glenwood Springs, with technicians routinely present in the Aspen valley, while NATI would dispatch from Colorado Springs. c. CTL and Kumar have previously provided satisfactory services for City of Aspen. d. CTL and Kumar both have experience with previous phases of Burlingame Ranch. e. Kumar authored the Burlingame Phase III subsurface investigation report and design criteria. The continuity of its contents and Kumar’s responsibility was viewed as a benefit, but not a necessity. 2. Fee: a. Each candidate provided an estimate of site visits per task (ie. Concrete Testing, Compaction Testing, etc…), and the blended cost of each visit including time, samples, lab testing, etc… b. As submitted, Kumar was the apparent low fee proposal, but there were anomalies in the assumed time per trip and qty of trips per task. The selection committee addressed these anomalies with the following: Exhibit B - Support Memo from Owner's Rep 64 i. Time per trip: Kumar proposed $58/hr vs. CTL $70/hr, so any leveling effort would yield Kumar being more economical. NATI proposed a range of $42- $50/hr, but each of their trips was ten hours to account for drive time. ii. Trips per task: Committee leveled a number of trips per task using the average or high assumption between candidates. Then each candidate’s blended unit cost per task/trip was used to create a leveled base bid. Again, Kumar was the apparent low fee. c. In all three scenarios, Kumar was the lowest fee proposal. In conclusion, the Selection Committee recommends the City Council enter into a professional services agreement with Kumar & Associates, Inc. End of Memo Exhibit B - Support Memo from Owner's Rep 65 EstimateQtyUnit $EstimateQtyUnit $EstimateQtyUnit $EstimateExcavation Observation20 days335.00$ 6,700 15 Trips400.00$ 6,000 Compaction Testing100 days405.00$ 40,500 100 Trips240.00$ 24,000 80 Trips495$ 39,600 Soil Lab Testing4 samples(Proctor Only)120.00$ 480 8 Samples (Atterberg & Proctor)290.00$ 2,320 10 Samples (Proctor, Gradation, Atterberg)395$ 3,950 Reinforcement Steel75 days335.00$ 25,125 50 Trips180.00$ 9,000 Concrete Testing90 days505.00$ 45,450 80 Sets400.00$ 32,000 45 Trips870$ 39,150 Structural Steel16 days395.00$ 6,320 8 Visits540.00$ 4,320 Asphalt10 days565.00$ 5,650 6 Visits600.00$ 3,600 8 Trips1,140$ 9,120 TOTAL130,225 81,240 91,820 Trips are $42-$50/hr; but each trip appears to be 10hrs to allow travel from CO SpringsCTLKumarNATIAs SubmittedTrips are $58/hr ($90/hr for steel)Trips are $70/hrExhibit B - Support Memo from Owner's Rep66 EstimateExcavation ObservationCompaction TestingSoil Lab TestingReinforcement SteelConcrete TestingStructural SteelAsphaltTOTAL206,700.00 8,000.00 - 10040,500.00 24,000.00 49,500.00 8 960.00 2,320.00 3,160.00 6521,775.00 11,700.00 - 9045,450.00 36,000.00 78,300.00 166,320.00 8,640.00 - 105,650.00 6,000.00 11,400.00 127,355.00$ 96,660.00$ 142,360.00$ Kumar NATILeveledQty CTLExhibit B - Support Memo from Owner's Rep67 Project Summary Report Burlingame Phase 3 City of Aspen Generated Mar 11, 2021 by budget4cast.com 210311 BG3 Budget Report Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Non-Forecasted Invoices Requested Changes Uncommitted Costs Estimated Costs at Completion Projected Over/(Under)Total Costs to Date Balance to Finish A B A+B C D E F G C+D+E+F+G (C+D+E+F+G) - (A+B)H+I (C+D+E+F+G) - (H+I) Project Total 52,700,000.00 0.00 52,700,000.00 43,062,123.40 95,877.00 0.00 3,353,521.32 736,367.20 47,247,888.92 (5,452,111.08)4,406,048.95 42,841,839.97 Soft Costs 4,679,888.40 1,335,419.69 6,015,308.09 2,973,330.92 95,877.00 0.00 2,408,333.00 537,767.20 6,015,308.12 0.03 1,729,952.47 4,285,355.65 Architect & Engineering 1,482,525.10 188,556.00 1,671,081.10 1,575,204.10 95,877.00 0.00 0.00 0.00 1,671,081.10 0.00 1,213,530.13 457,550.97 PS101 — 2019 Misc. Expenses 40,825.13 0.00 40,825.13 40,825.13 0.00 0.00 0.00 0.00 40,825.13 0.00 40,825.13 0.00 PS102 — 2020 Misc. Expenses 8,379.97 0.00 8,379.97 8,379.97 0.00 0.00 0.00 0.00 8,379.97 0.00 8,379.97 0.00 PS110 — Concept & Outreach 233,985.00 0.00 233,985.00 230,625.00 3,360.00 0.00 0.00 0.00 233,985.00 0.00 230,099.03 3,885.97 PS120 — Design & Permit 837,335.00 92,517.00 929,852.00 837,335.00 92,517.00 0.00 0.00 0.00 929,852.00 0.00 837,335.00 92,517.00 PS130 — Construction Administration 330,700.00 121,239.00 451,939.00 451,939.00 0.00 0.00 0.00 0.00 451,939.00 0.00 96,891.00 355,048.00 PS140 — Photovoltaic Design 31,300.00 (25,200.00)6,100.00 6,100.00 0.00 0.00 0.00 0.00 6,100.00 0.00 0.00 6,100.00 Project Management 810,000.00 100,000.00 910,000.00 735,000.00 0.00 0.00 0.00 175,000.00 910,000.00 0.00 166,848.50 743,151.50 PS210 — Preconstruction 250,000.00 (47,498.00)202,502.00 202,502.00 0.00 0.00 0.00 0.00 202,502.00 0.00 142,138.50 60,363.50 PS220 — Construction 385,000.00 147,498.00 532,498.00 532,498.00 0.00 0.00 0.00 0.00 532,498.00 0.00 24,710.00 507,788.00 PS230 — Warranty Management 175,000.00 0.00 175,000.00 0.00 0.00 0.00 0.00 175,000.00 175,000.00 0.00 0.00 175,000.00 Survey 85,000.00 0.00 85,000.00 1,992.80 0.00 0.00 0.00 83,007.20 85,000.00 0.00 1,992.80 83,007.20 PS310 — Alta 5,000.00 0.00 5,000.00 1,992.80 0.00 0.00 0.00 3,007.20 5,000.00 0.00 1,992.80 3,007.20 PS320 — Condo Mapping 80,000.00 0.00 80,000.00 0.00 0.00 0.00 0.00 80,000.00 80,000.00 0.00 0.00 80,000.00 Legal Fees 40,000.00 0.00 40,000.00 0.00 0.00 0.00 0.00 40,000.00 40,000.00 0.00 0.00 40,000.00 PS410 — Legal Fees 40,000.00 0.00 40,000.00 0.00 0.00 0.00 0.00 40,000.00 40,000.00 0.00 0.00 40,000.00 Advertising & Sales 20,000.00 0.00 20,000.00 0.00 0.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 20,000.00 PS510 — Advertising & Sales 20,000.00 0.00 20,000.00 0.00 0.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 20,000.00 Reimbursables 125,000.00 0.00 125,000.00 115,000.00 0.00 0.00 0.00 10,000.00 125,000.00 0.00 29,187.02 95,812.98 PS610 — 359 Design 75,000.00 0.00 75,000.00 75,000.00 0.00 0.00 0.00 0.00 75,000.00 0.00 29,187.02 45,812.98 PS620 — Artaic 40,000.00 0.00 40,000.00 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 0.00 40,000.00 PS630 — QA Services 10,000.00 0.00 10,000.00 0.00 0.00 0.00 0.00 10,000.00 10,000.00 0.00 0.00 10,000.00 Quality Assurance & Inspections 453,500.00 (107,500.00)346,000.00 136,240.00 0.00 0.00 0.00 209,760.00 346,000.00 0.00 6,000.00 340,000.00 QA110 — 3rd Party Plan Review 6,000.00 0.00 6,000.00 6,000.00 0.00 0.00 0.00 0.00 6,000.00 0.00 6,000.00 0.00 QA210 — Factory QA- Modular Consultant 45,000.00 (45,000.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 QA220 — Factory QA- OCIP Inspector 35,000.00 (35,000.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 68 Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Non-Forecasted Invoices Requested Changes Uncommitted Costs Estimated Costs at Completion Projected Over/(Under)Total Costs to Date Balance to Finish A B A+B C D E F G C+D+E+F+G (C+D+E+F+G) - (A+B)H+I (C+D+E+F+G) - (H+I) Project Total 52,700,000.00 0.00 52,700,000.00 43,062,123.40 95,877.00 0.00 3,353,521.32 736,367.20 47,247,888.92 (5,452,111.08)4,406,048.95 42,841,839.97 QA230 — Factory QA- Sound Testing 7,500.00 (7,500.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 QA240 — Factory QA- Ready to Ship Inspector 60,000.00 0.00 60,000.00 49,000.00 0.00 0.00 0.00 11,000.00 60,000.00 0.00 0.00 60,000.00 QA310 — Site QA- Modular Consultant 55,000.00 (55,000.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 QA320 — Site QA-OCIP Inspector 35,000.00 0.00 35,000.00 0.00 0.00 0.00 0.00 35,000.00 35,000.00 0.00 0.00 35,000.00 QA330 — Site QA- Material Testing & Special Inspections 65,000.00 35,000.00 100,000.00 81,240.00 0.00 0.00 0.00 18,760.00 100,000.00 0.00 0.00 100,000.00 QA340 — Site QA- Envelope Inspections 50,000.00 0.00 50,000.00 0.00 0.00 0.00 0.00 50,000.00 50,000.00 0.00 0.00 50,000.00 QA350 — Site QA- Commissioning 95,000.00 0.00 95,000.00 0.00 0.00 0.00 0.00 95,000.00 95,000.00 0.00 0.00 95,000.00 Insurance 700,000.00 1,805,833.00 2,505,833.00 97,500.00 0.00 0.00 2,408,333.00 0.00 2,505,833.00 0.00 0.00 2,505,833.00 IF100 — OCIP Management Fee 0.00 97,500.00 97,500.00 97,500.00 0.00 0.00 0.00 0.00 97,500.00 0.00 0.00 97,500.00 IF110 — OCIP Policy 700,000.00 1,708,333.00 2,408,333.00 0.00 0.00 0.00 2,408,333.00 0.00 2,408,333.00 0.00 0.00 2,408,333.00 IF120 — Builder's Risk Policy 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Permit Fees 963,863.30 (651,469.31)312,393.99 312,394.02 0.00 0.00 0.00 0.00 312,394.02 0.03 312,394.02 0.00 PF210 — Plan Review Fees 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PF220 — Building Permit Fees 113,863.30 (113,863.30)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PF230 — Impact/Other Fees 850,000.00 (537,606.01)312,393.99 312,394.02 0.00 0.00 0.00 0.00 312,394.02 0.03 312,394.02 0.00 Hard Costs 40,287,392.48 945,188.32 41,232,580.80 40,088,792.48 0.00 0.00 945,188.32 198,600.00 41,232,580.80 0.00 2,676,096.48 38,556,484.32 Construction 39,910,686.00 945,188.32 40,855,874.32 39,910,686.00 0.00 0.00 945,188.32 0.00 40,855,874.32 0.00 2,497,990.00 38,357,884.32 CON110 — Modular Construction 11,275,011.00 78,728.00 11,353,739.00 11,275,011.00 0.00 0.00 78,728.00 0.00 11,353,739.00 0.00 2,497,990.00 8,855,749.00 CON120 — Modular Transportation 1,054,568.00 0.00 1,054,568.00 1,054,568.00 0.00 0.00 0.00 0.00 1,054,568.00 0.00 0.00 1,054,568.00 CON200 — GC Preconstruction Services 50,000.00 0.00 50,000.00 50,000.00 0.00 0.00 0.00 0.00 50,000.00 0.00 0.00 50,000.00 CON210 — General Construction 25,918,905.00 866,460.32 26,785,365.32 25,918,905.00 0.00 0.00 866,460.32 0.00 26,785,365.32 0.00 0.00 26,785,365.32 CON220 — Photovoltaic Construction 380,000.00 0.00 380,000.00 380,000.00 0.00 0.00 0.00 0.00 380,000.00 0.00 0.00 380,000.00 CON230 — Contractor's Contingency 1,232,202.00 0.00 1,232,202.00 1,232,202.00 0.00 0.00 0.00 0.00 1,232,202.00 0.00 0.00 1,232,202.00 Owner's Other Construction Cost 376,706.48 0.00 376,706.48 178,106.48 0.00 0.00 0.00 198,600.00 376,706.48 0.00 178,106.48 198,600.00 CON500 — 2019 Misc. Expenses 142,365.00 0.00 142,365.00 142,365.00 0.00 0.00 0.00 0.00 142,365.00 0.00 142,365.00 0.00 CON600 — 2020 Misc. Expenses 9,341.48 0.00 9,341.48 9,341.48 0.00 0.00 0.00 0.00 9,341.48 0.00 9,341.48 0.00 69 Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Non-Forecasted Invoices Requested Changes Uncommitted Costs Estimated Costs at Completion Projected Over/(Under)Total Costs to Date Balance to Finish A B A+B C D E F G C+D+E+F+G (C+D+E+F+G) - (A+B)H+I (C+D+E+F+G) - (H+I) Project Total 52,700,000.00 0.00 52,700,000.00 43,062,123.40 95,877.00 0.00 3,353,521.32 736,367.20 47,247,888.92 (5,452,111.08)4,406,048.95 42,841,839.97 CON700 — 2021-2022 Misc. Expenses 150,000.00 0.00 150,000.00 26,400.00 0.00 0.00 0.00 123,600.00 150,000.00 0.00 26,400.00 123,600.00 CON800 — Site Amenities 75,000.00 0.00 75,000.00 0.00 0.00 0.00 0.00 75,000.00 75,000.00 0.00 0.00 75,000.00 Contingency 7,732,719.12 (2,280,608.01)5,452,111.11 0.00 0.00 0.00 0.00 0.00 0.00 (5,452,111.11)0.00 0.00 Owner Contingency 7,732,719.12 (2,280,608.01)5,452,111.11 0.00 0.00 0.00 0.00 0.00 0.00 (5,452,111.11)0.00 0.00 OC100 — Contingency- Soft Costs 286,350.00 (181,056.00)105,294.00 0.00 0.00 0.00 0.00 0.00 0.00 (105,294.00)0.00 0.00 OC200 — Contingency- Modular 1,232,958.00 (78,728.00)1,154,230.00 0.00 0.00 0.00 0.00 0.00 0.00 (1,154,230.00)0.00 0.00 OC300 — Contingency- Construction 2,758,110.70 0.00 2,758,110.70 0.00 0.00 0.00 0.00 0.00 0.00 (2,758,110.70)0.00 0.00 OC400 — Contingency- Escalation 3,455,300.42 (2,020,824.01)1,434,476.41 0.00 0.00 0.00 0.00 0.00 0.00 (1,434,476.41)0.00 0.00 Project Total 52,700,000.00 0.00 52,700,000.00 43,062,123.40 95,877.00 0.00 3,353,521.32 736,367.20 47,247,888.92 -5,452,111.08 4,406,048.95 42,841,839.97 70 MEMORANDUM TO: Mayor and Council FROM: Jack Danneberg, PE, Project Manager III Pete Rice, PE, Division Manager Michael Tunte, Landscape Architect & Construction Manager Brian Long, Trail System Manager THROUGH: Trish Aragon, PE, City Engineer DATE of MEMO: March 15, 2021 MEETING DATE: March 23, 2021 RE: Concrete Replacement and Pedestrian Improvement Projects (Resolution #31, Series of 2021) REQUEST OF COUNCIL: Staff recommends Council approve the Concrete Replacement and Pedestrian Improvements Projects contract with Gould Construction, Inc. in the amount of $423,958 and a 15% contingency of $63,594. BACKGROUND: Concrete replacement is an annual city-wide multi-department series of projects with sidewalk, trails, ADA and concrete infrastructure repairs and improvements combined into one project to decrease city costs and maximize scheduling efficiencies. These capital improvements are part of an ongoing safety and maintenance plan with the goal to develop and maintain safer pedestrian corridors and drainage protection in Aspen. Last year this project installed over 800 ft of sidewalk, 8 ADA ramps, 550 ft of trails, 250 ft of drainage repairs including curb and gutter and stormwater inlet repairs. This year the Concrete Replacement Project will address more missing sidewalk links including a listed top ten critical connection, maintain important pedestrian infrastructure, maintain trails, improve bus stops, and replace damaged curb and gutter. Several examples of this are explained in further detail below. Sidewalk infrastructure slated for improvement this year includes replacement of sidewalk on West End St. near Durant Ave. that has created a slipping hazard for pedestrians during the winter. The sidewalk must be raised to prevent street drainage from overtopping and ponding on the walking surface, which ices in the winter causing concrete damage and an unsafe condition for users. A new section of sidewalk will be installed on Original St. just south of Durant Ave. This is a missing link to the Ute Ave Trail system and is listed as a top ten critical connection previously discussed with Council. Currently pedestrians do not have a safe route from City Market to Ute Ave. This installation 71 will provide that critical connection. It’s anticipated that staff will work with residences to remove one to two parking spaces that may impede the sidewalk connection, but a goal for the project is to maintain existing parking opportunities. This project also includes multiple small corrections and repairs to existing City infrastructure. For example, the 4th and Main St. bus stop will be moved away from the curb for an improved user experience. Currently, the bench for the stop is very close to the edge of the road, but a reconfiguration of the sidewalk will allow people to sit comfortably while waiting for the bus. Additionally, a section of damaged curb and gutter across 2nd St. from the Ice Garden will be replaced. The intent of this project is to maintain and repair degraded or damaged City infrastructure as quickly as possible, to reduce more costly capital expenditures, interruptions of service, and extended community impacts. Therefore, the General Concrete Replacement line item has been included to address as needed concrete repair issues that arise throughout the construction. For example, in 2020 this project repaired a stormwater inlet on the southeast corner of Hunter and Cooper that had angle iron protruding causing a safety issue and damaging vehicles. By anticipating and including these smaller, emergent needs, the City benefits by securing reduced item or unit costs, reduced mobilization costs, and gaining economies of scale. The Parks Department also has several concrete replacement projects included in the Concrete Replacement and Pedestrian Improvements Project. Damaged sections of the ABC and Cemetery Lane trails will be repaired. A driveway apron will be installed at The ABC and Cemetery Lane Trails are to have damaged panels replaced, the Cozy Point Ranch is to have a driveway apron installed and Burlingame will get a new section of sidewalk con DISCUSSION: The Concrete Replacement and Pedestrian Improvement Projects was advertised for bid on February 12th, 2021. Three (3) bids were received and opened on March 5th, 2021. Bids were received from three (3) Contractors as summarized below: Excavation Services, Inc. $504,694.00 Gould Construction, Inc. $423,958.00 Phoenix Industries, LTD $512,859.10 Gould Construction, Inc. was identified by staff as the lowest qualified bidder. Gould Construction, Inc. has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that it is in the City’s best interests to award the final construction contract to this vendor. In addition to the $423,958 for Gould Construction, Inc. services, the City anticipates approximately $42,000 for other third-party services for construction services and inspections, geotechnical and materials testing, and public relations. The contingency fund, set at 15% of construction costs, is intended to cover unforeseeable construction costs and expenses that arise due to unknown site conditions. These additional costs total $105,594 72 FINANCIAL/BUDGET IMPACTS: Funding ADA Pedestrian Improvements – 2021 (000.327.81200.52199.51367) $94,000.00 Concrete Replacement – 2021 (000.327.81200.52199.51366) $490,000.00 Trail Surface Improvements – 2021 (100.572.81200.57210.51345) $150,000.00 Cozy Point Ranch Improvements (100.572.81200.57410.51340) $15,000.00 Other Repair and Maintenance Services (100.572.81200.57410.53399) $16,000.00 TOTAL $ 765,000.00 Expenditures Original St Sidewalk Installation $ 100,155.00 West End St Sidewalk Installation $ 53,069.00 4th St Bus Stop Improvement $ 28,175.00 2nd and Hyman Curb and Gutter Replacement $ 20,406.00 ABC Trail/Cemetery Lane Trail Concrete Replacement $ 103,035.00 Burlingame Park 2 Sidewalk Connection $ 12,008.00 Cozy Point Ranch Barn Entry Apron $ 11,716.00 General Concrete Replacement $ 95,394.00 Total $ 423,958.00 Construction Services $ 20,000.00 Geotech and Material Testing $ 22,000.00 Contingency (15%) $ 63,593.70 TOTAL $ 105,593.70 PUBLIC OUTREACH: Staff will mail a fact sheet letter containing information about the Concrete Replacement and Pedestrian Improvements Project and its construction impacts to neighbors within 300 feet approximately 10 days prior to commencement of work. Staff intends to directly communicate with some of the most impacted neighbors prior to commencement of construction in their area. STAFF RECOMMENDATION: Staff recommends Council approve the Concrete Replacement and Pedestrian Improvements Project contract with Gould Construction, Inc. in the amount of $423,958.00 PROPOSED MOTION: “I move to approve Resolution No. 31, Series of 2021.” CITY MANAGER COMMENTS: ATTACHMENT A – Contract with Gould Construction, Inc. 73 RESOLUTION #031 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for, between the City of Aspen and, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for, $423,958.00 between the City of Aspen and GOULD CONSTRUCTION INC. a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23 rd day of March 2021. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 23rd, 2021. Nicole Henning, City Clerk 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 MEMORANDUM TO:Mayor and City Council FROM: Nicole Henning, City Clerk DATE OF MEMO:March 17, 2021 MEETING DATE:March 23, 2021 RE:Board Appointment By adopting the Consent Calendar, Council is making the following Board Appointment: Wheeler Opera House Board of Directors – One Alternate Member Lauren Forman 101 1 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 23RD, 2021 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mullins, Mesirow and Hauenstein joining via video conference. PUBLIC COMMENT: Lee Mulcahy – Mr. Mulcahy wanted to clarify something about Sonya Bolerjack. He said to throw her out in the middle of a pandemic in the middle of winter and in the middle of a school year is not the Aspen that he and Torre moved here for. He asked for APCHA to have love and mercy on her. Allow mercy for her two kids and allow them to rent a place. Mayor Torre asked Councilor Mesirow if APCHA has had a conversation with Sonya about renting another place. Councilor Mesirow said yes and it’s a terrible situation. The board that reviewed her case, provided her the opportunity to demonstrate and work with staff to provide additional information. She came to meetings to discuss and no resolution was able to be made. This is not something anyone wants to see happen. Staff looked again and she was not able to show compliance. This is unfortunately the outcome but not the end. She can still reapply and get back into the program. He said he hopes that she does. Mayor Torre reminded the community that council does have compassion on this matter, and it has been heard and vetted out with APCHA to the full extent. COUNCIL COMMENTS: Councilor Mesirow thanked everyone for the grace of him being absent for the last meeting. His grandmother passed on and it was unexpected. He said he also grew up in her home and they started coming to Aspen in the 50’s. Where he rents his studio is where they first bought their condo. This month is black history month. This is a huge of month of celebration and gratitude. We have an opportunity to change this. Next year and for the next council, we have an opportunity to take some of the things we’ve talked about and approach policy from an anti-racist perspective. Lastly, he’s asking for 100% of registered voters to vote. Democracy is fighting for what you believe in. March 2 nd is election day. Councilor Hauenstein said the year started off with a tremendous surge in real estate transactions. There are a lot of funds in the Wheeler fund, and he would like staff to come to council with options of where to use that money in the community. He would like to have a work session discussion on workforce housing and fully vet the models for public and private housing. He would also like to discuss HPC having final authority on land use cases. He also wants a discussion on revisiting the service fee on the electric utility bills. Lastly, he reminded everyone to make sure and vote. Drop your ballots off at city hall and they must be in by 7pm on March 2 nd. Councilor Mullins said Ward did a great job on squirm night. She said she was up at the landfill this morning, and she is always impressed at how well run and organized it is. They are working so hard to extend the life of that landfill and she supports continued discussion on waste diversion. She has also looked into plaques for historical sites. There has been discussion on most appropriate way to do this. She has recently discovered, there is an app people can use as opposed to a plaque. This could give people a history lesson as they walk around Aspen and use this app to give them information about historical properties. 102 2 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 23RD, 2021 Councilor Richards said we still need to be vigilant about COVID and the variances. She said hotspots are still resort communities throughout Colorado. She also reminded everyone to vote. Mayor Torre said there is a compost facility at the Rio Grande for your “to go” and take away wares. The city wants everyone to take those items to be composted. He hopes everyone is getting out and enjoying the hill. We’ve received a lot of snow and a little more on the way. Regarding snow removal, the Streets department have done a great job this year taking care of high traffic areas. Be sure to vote on March 2nd. You can also register to vote on the same day as you vote. Returns so far are not that high. On that same note, he’s encouraging everyone to look into the candidates. Tomorrow is an ACRA forum for candidates. City Attorney, Jim True, said that they will pull Resolution #023 from this packet and will bring it back at the next meeting. CITY MANAGER COMMENTS: Sara Ott said that earlier today, the new Wheeler Executive Director was announced, and will be joining us next week on March 1st. She spent ten years as founding director of the Lone Tree complex and holds a Masters in theatre management. She will be a great addition. Mayor Torre said welcome to Lisa and mentioned the candidates went through a rigorous interview process. She checks a lot of boxes. He said well done to the team and to Sara. BOARD REPORTS: Mayor Torre said he had ACRA board meeting this morning and Board of Health later this week. CONSENT CALENDAR: Councilor Mullins asked for Resolution#022 to be pulled. Councilor Hauenstein said he wants the same one and also has a question about Resolution #019. Resolution #019, Series of 2021 – Avocette Service Contract - Councilor Hauenstein said he is curious about what other providers participated in this. Phillip Supino said we received a number of bids on this contract. Our intention was a perceived lack of valuewith the previous contractor, so they were really looking for value added service. Karen Harrington said they went through a rigorous RFP process with more than a dozen applicants. This vendor is providing senior level support and will be around $75,000 for annual support. Resolution #022, Series of 2021 – Audio Video Contract with AV Experts – Councilor Mullins said she received an email from John Masters at Grassroots, and she’s not sure what the issue is or what he is addressing. In our memo, there are numbers for design and installation, and she’s confused how to design something before we know what we’re putting in. There are 10 plus rooms getting AV equipment but she’s only counting 5. Ms. Ott said this project has three phases, and a cable fiber optic system which is the backbone. The first phase was design, the next stage is installing the backbone and the third phase are the peripherals. This will come back to council on March 8 th with diff levels of final peripherals. The ability of rooms to do multi broadcast etc. This is designed so it can expand, so if you choose, you’ll be able to add on services as you go. She also said that representatives from Grassroots have been involved in this process, and 103 3 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 23RD, 2021 they are planning for 13 room in total. She said this contract fits into the original project scope. The peripherals are not part of the original budget. It’s in the fund balance of the AMP, but you’ll have to make appropriations to cover this. The contingency has covered a lot of costs already. Councilor Hauenstein said a good portion of this has been brought on by COVID. All of us have been through a plethora of virtual meetings and it may change the way we do business going forward. Councilor Richards saidthank you to all. She thanked Rob Schober for the tour. This is about a new world of communication. She said she supports this and looks forward the future discussion. Councilor Mesirow said he supports this and is looking forward to the discussion about different technologies that can be used. Councilor Mesirowmotioned to approve the consent calendar; Councilor Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. NOTICE OF CALL UP:925 King Street – Sarah Yoon, Historic Preservation Planner Ms. Yoon said this was originally designated in 1992. HPC reviewed and approved the request to demolish six detached structures on the site and met HPC’s criteria for demolition. Staff recommends that council uphold this decision. Councilor Richards asked Ms. Yoon to show the structures to be demolished. Mayor Torre said he enjoyed reading through the history on this site. Councilor Hauenstein said he loves pages 194 and 195 of the packet which shows old photos. Ms. Yoon shared an improvement survey plat. No one on council is interested in calling this up. PUBLIC HEARING: Ordinance #01, Series of 2021– Jeffrey Barnhill, Zoning Enforcement Officer Mr. Barnhill said there are two land use reviews being requested: two minor planned development requests. The applicant would also like to make an addition to an at grade patio, a new metal freezer and a stairway reconfiguration. He showed the proposed elevations. Staff recommends approval of the minor planned development amendment to a project review and to a detailed review approval. Mayor Torre opened the public hearing. Alan Fletcher – Mr. Fletcher thanked council for their consideration. He said the use of Marolt is extremely important and we are pleased to upgrade it and are asking for city support. Mayor Torre closed the public hearing. Councilor Mullins motioned to approve Ordinance #01, Series of 2021; Councilor Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Temporary Structures in the Right of Way – Phillip Supino, Community Development Director 104 4 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 23RD, 2021 Mr. Supino said we are looking at structures in the right of way for this summer again to provide akey element of business support, which will provide expanded seating and increased distancing. There was one ordinance and one resolution that were passed previously regarding this: Ordinance #33, Series of 2020 and Resolution #086, Series of 2020. He said there were 17 temporary structures last summer and he showed examples of trellis structures in front of Bruno’s and Aspen Tap. He showed a structural tent at Mi Chola and Tatanka, as well as a prefab structure at meat and cheese, and an open sided approach at Kemosabe and at Locals Coffee. Jing, Creperie and Mezzaluna provided closed air structures, which were inspected and approved by the building and engineering departments. Some issues to be considered are equity, predictability, cost, community characters and enforcement. The staff recommendation is to continue with the current approach: expedited review, permitting, inspection, waiving of fees, temporary only, and no permanent structures. His question to council would be what type of temporary structures should be permitted. Councilor Mesirow said he is leaning toward structural open sided structures, not so much enclosed structures. Councilor Richards said for summer she prefers open air. She does like the diversity of it, however. She thinks the Creperie needs to become open air again. She’s not saying the roof needs to come off, but all the windows should be open. She wants to make sure that we aren’t disadvantaging other businesses and that this is equitable for everyone. Councilor Hauenstein said he is supportive as long as the structures meet state COVID compliance. Councilor Mullins said all the different structures have made things fun and interesting. For her, the safety and circulation issues are the most important. Mayor Torre said the white tenting is not his favorite. He’s ok with structures having open sides and open air. He’s supportive of everything except structural enclosed. We do need to make clear that these will come down again before next winter. Council discussed ideas and topics they would like to see in upcoming work sessions for the remainder of the meeting, as well as HPC and utility billing discussion. City Attorney, Jim True introduced the Executive Session. Councilor Hauenstein motioned to move into Executive Session, Councilor Mullins seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. _______________________________ City Clerk, Nicole Henning 105 1 REGULAR MEETING ASPEN CITY COUNCIL MARCH 9TH, 2021 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mullins, Mesirow and Hauenstein joining via video conference. PUBLIC COMMENT: Will Hodges – Mr. Hodges congratulated Torre and Ward on their reelection. He thanked them for their work on the divestment. He thanked the finance director for his contributions. He only wants to speak up to urge council to pass a resolution to formalize an informal practice. This would be making a public statement that Aspen does not wish to invest in companies continuing to dig up and burn carbon reserves. Mayor Torre said he feels like we are doing a lot for this and is comfortable where we are going. We are taking first steps and we intend to keep moving forward. Councilor Richards thanked Will for his interest. She wants to start to find better ways to invest. It’s not just fossil fuels. When we start applying this standard, deforestation and other issues come up. Tendrils come up everywhere. Jim Stone – Mr. Stone said he is here supporting Will and divestments. He thanked Aspen for taking the deep dive and taking those first steps. COUNCILMEMBER COMMENTS: Councilor Mullins said there are appropriations to the ice garden coming up this year for interior upgrades. She lives across the street and she’d like to extend some upgrades to the exterior along with some type of snow guard to keep snow from sliding off and causing any damage. City Manager, Sara Ott, said that if council wants to bump this ahead for a study, they can do that to find some vendors for exterior work. Councilor Richards saidthis is our first regular meeting since the election. She thanked everyone who ran, and she congratulated Ward and Torre on their reelection. She congratulated John Doyle. She said she recently drove by the city shop by Castle Creek. You can tell that it’s been winter and it’s hard to keep grounds neat and clean. There will be lots of spring cleanup and this is one area that looks like it needs a good cleanup. She said it’s exciting to see the vaccine numbers increase across the state. We are also seeing the variants starting to explode. We can’t slow down now. We are going to have more visitors from Texas and other places over March and this spring. Councilor Hauensteinsaid congratulations to all and thanked the city clerk’s office and said they did a great job. His issue is with the USPS regarding ballots not reaching city hall on time and the possibility of accepting post marked ballots up to a certain point. He encouraged everyone to use the drop box instead of the postal service. This is a conversation he would like to have moving forward. Councilor Mesirow saidcongratulations to all candidates. Mayor Torre said congratulations to all and thank you to clerk’s office. He would like to have a work session on elections coming up and take a look at the USPS issue and discuss the election date and whether March is serving us. He wants to look at electronic voting. He would also like some 106 2 REGULAR MEETING ASPEN CITY COUNCIL MARCH 9TH, 2021 demographic information on who is voting and who’s not, etc. On pitkincounty.com, there is a survey on mountain migration sponsored by NWCOG about some of the impacts we’ve seen due to COVID, etc. CITY MANAGER COMMENTS: Ms. Ott said she just looked at the Board of Health agenda and there will be board appointments. They are done by Pitkin County and the BOCC. They do take advice from local municipalities. She encouraged them to have a brief conversation about this regarding recommendations. She introduced City Attorney, Jim True, to speak on an appeal item coming to council. Mr. True said many people are interested in the 1020 E. Cooper Avenue decision and HPC appeal. There will not be additional evidence presented at this hearing on April 9th at 4:00 p.m. He advised council not to read any new public comment received and to avoid any conversations with people out in public. He said any new public comments received via email should be forwarded to himself and the city clerk. Mr. True also mentioned that Resolution #028, Series of 2021 will be pulled from the consent calendar and it will be brought back once the issue has been resolved. BOARD REPORTS: Councilor Mesirow said he had APCHA, and they are working on resolution changes and things are starting to get checked off and they are moving forward. Mayor Torre said he had CAST last week and were addressed by the governor and state senators. He’s happy to talk about items with council. Councilor Richards said she feels it’s important to have our mayor on the Board of Health to represent us. She’s happy to see Ann continue as our alternate as well. CONSENT CALENDAR: Councilor Mullins pulled Resolutions #025, #027 and #029. Councilor Hauensteinpulled Resolution #030. Resolution #025, Series of 2021: Councilor Mullins said she wanted to stress again that whatever play equipment is chosen for Herron Park, that it be subtle colors and earth tones as opposed to bright colors. Material and color is really important to blend in with the landscape. Michael Tunte, Parks Department, said this has been an exhaustive process. There were 15 submissions, and we unanimously chose Earthscape. The use of wood as the primary material was key and we selected them to do a custom design with us. It was important that they understand what our values are in Aspen and what our local inspiration is. It’s a process we kicked off a month ago on community voice, with a pretty solid outreach program. Resolution #027, Series of 2021: Councilor Mullins asked Chris Everson to run through the reason for the increase of insurance coverage. 107 3 REGULAR MEETING ASPEN CITY COUNCIL MARCH 9TH, 2021 Mr. Everson said the city is not being singled out or unique in anyway, but this is the state of the insurance industry where condos are concerned. Resolution #029, Series of 2021 Councilor Mullins asked for a summary from Pete Strecker. Mr. Strecker summarized, and no further questions were asked. Resolution #030, Series of 2021 Councilor Hauenstein said he supports, but asked Pete to address it quickly. Mr. Strecker said the first-year cost is for implementation and it will be a unit-based pricing method moving forward. Councilor Mullins motioned to approve the consent calendar, Councilor Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCE #03, SERIES OF 2021 - 314 West Main Street – Establishment of Transferable Development Rights – Sarah Yoon, Historic Preservation Planner Ms. Yoon introduced the item. Councilor Richards asked that Ms. Yoon give an overview next time on the city TDR program. Where are the landing locations, rights, etc. Councilor Hauenstein asked if the property has been moved on the lot. Sara said the carriage house is in its historic location. He’d like discussion of the 500 sq ft bonus. Phillip Supino, Community Development Director, interjected that the 500 sq ft bonus was awarded to the Smith Elijah house, which is the adjacent property and of no relationship. Councilor Mullins motioned to read, Councilor Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. City Clerk, Nicole Henning, read Ordinance #03, Series of 2021. Councilor Hauenstein motioned to approve Ordinance #03, Series of 2021, Councilor Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCE #04, SERIES OF 2021 – Establishment of Transferable Development Rights for 212 N. Monarch Street – Michelle Bonfils – Thibeault Ms. Bonfils-Thibeault introduced the item. Councilor Mesirow motioned to read Ordinance #04, Series of 2021, Councilor Mullins seconded. Roll call vote: Hauenstein, yes; Mesirow, Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Richards motioned to approve Ordinance #04, Series of 2021, Councilor Hauenstein seconded. 108 4 REGULAR MEETING ASPEN CITY COUNCIL MARCH 9TH, 2021 Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: ACRA Fund Balance Repayment Terms – Sara Ott Ms. Ott said this is regarding forgiveness and repayment of $200,000 general fund advance given to ACRA in 2020. This is an attempt to find some middle ground and hope that it meets council expectations. Councilor Hauenstein is very pleased with ACRA and he is happy with any accommodation that is made to make a compromise. He is appreciative of all the work ACRA has done during the pandemic. Councilor Mullins, like Ward, said she is appreciative of ACRA. She supported total forgiveness of the debt, originally, but she can support this as well. Councilor Richards will support the proposal as is. She pointed out that the city borrowed from ourselves to support the community for COVID relief and we need to repay the Wheeler Fund so we must be watchful of the dollars that we loan out to others as well. She thinks this is fair right now and appreciates ACRA as well. Councilor Mesirow said he is supportive of this compromise. He appreciates everything ACRA has done. Mayor Torre said that Eliza and her team did a great job in recovery efforts. Councilor Mullins motioned to accept the proposal; Councilor Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. BOARD REPORTS: Councilor Mullins said she had RFTA, Reudi Water and Power Authority, CML and Housing Stability Coalition. Mayor Torre asked if RFTA is increasing capacity and Councilor Mullins said they are at 50% and she hasn’t heard that it will be increasing. She said ridership is up, however, which is great. Councilor Richards said that Ann is greatly respected with the CML group. She said Tara Nelson sent out an email today with all the upcoming bills and she thanked her for being on top of things and monitoring that. She thanked Skippy for doing testimony on Thursday. Mayor Torre said this Friday is a food distribution meeting held with the county. He’s going to send her some information so she can listen in as well. Councilor Mesirow spoke about psychedelic assisted therapy to help combat our mental health crisis here in the valley. Denver is utilizing this type of therapy as well as Oregon and California. He would like to bring this here to the valley and he is not asking for the city to be involved in any way. The next step would be to hold a work session and have some individuals from Denver to come speak with us and help guide us. Councilor Richards said this is reasonable and is supportive of a work session. Councilor Mullins said she is supportive of looking into this further. She would like to weigh the testimony of the professionals. 109 5 REGULAR MEETING ASPEN CITY COUNCIL MARCH 9TH, 2021 Councilor Hauenstein said he has watched a 60 Minutes episode on how this is helpful. He is supportive of a work session and agrees that the medical community should weigh inon this as well. Councilor Richards said she had Club 20. She was on with the Executive Committee regarding the Colorado Outdoor Restoration Act. Mayor Torre said he had CAST. He said there was a lot of great information shared. He mentioned in the afternoon session they spoke about “place making” and how it really resonated with him. Councilor Hauenstein said he has CCLC coming to discuss the Saturday Market. Councilor Hauenstein motioned to adjourn, Councilor Mullins seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. _______________________________ City Clerk, Nicole Henning 110 Page | 1 MEMORANDUM TO:Mayor Torre and Aspen City Council THROUGH:Phillip Supino, Community Development Director FROM:Kevin Rayes, Planner MEMO DATE:March 15, 2021 MEETING DATE:March 22, 2021 RE:1st Reading: 1001 Ute Subdivision/PUD: Minor Amendment to Project Review & 8040 Greenline Review to “land” up to four Transferrable Development Rights (TDRs) per property to increase Floor Area. APPLICANT: Ute Mesa Lot 1 LLC;Lot 1-1001 Ute Subdivision, Aspen, CO 81611 Christy 2017-3 Acquisition LLC;Lot 2- 1001 Ute Subdivision, Aspen, CO 81611 REPRESENTATIVE: Chris Bendon, Bendon Adams, 300 S. Spring St. #202 Aspen, CO 81611 LOCATION: 1001,and 1011 Ute Avenue CURRENT ZONING: Moderate Density Residential (R-15) with a Planned Development (PD) overlay REQUEST OF COUNCIL: The applicant is requesting approval to amend the 1001 Ute Avenue Planned Development and to approve an exemption from the 8040 Greenline Review to “land” up to four Transferrable Development Rights (TDRs)per property to increase Floor Area. STAFF RECOMMENDATION: Staff recommends approval of First Reading and setting the public hearing date for April 27th. Figure 1: Site Location Figure 2: Street View 1011 Ute (Lot 2)1001 Ute (Lot 1) 1001 Ute 1011 Ute 111 Page | 2 1 The lease is scheduled to expire in 2083 REQUEST OF COUNCIL: The Applicant is requesting the following land use approvals: Minor Amendment to Project Review - pursuant to Land Use Code Section 26.445.110.F, Planned Development; for the ability to land up to four Transferrable Development Rights (TDRs) on Lots 1 and 2 of the PD (two TDRs per lot) to increase Floor Area; and 8040 Greenline Review- pursuant to Land Use Code Section 26.435.030, 8040 Greenline Review, to allow development within the Environmentally Sensitive Area. SUMMARY AND BACKGROUND: Original PUD Approvals Prior to 2006, the 1001 Ute Subdivision/PUD was called the Ute Mesa Subdivision/PUD. Located along the southern side of Ute Avenue, the property is also at the base of Aspen mountain, across from the Gant and adjacent to Ajax Park. At the time, 4.1 acres of the property was located within unincorporated Pitkin County and 2.8 acres of the site was located within City limits. A portion of the property was improved with three tennis courts that were under a 100-year lease with the Gant for the use of guests.1 Much of the remaining property was densely vegetated with mine tailings located under the soil. In 2006 City Council approved the 1001 Ute Avenue Subdivision & PUD via Ordinance 24, 2006. A subdivision Agreement between the developer and the City was recorded in 2007. The approval subdivided the property into seven parcels as depicted in Figure 3. Located in the Moderate Density Residential (R-15) zone district, and within the 8040 Greenline Review area, Lot 1 is 23,636 sq. ft. and Lot 2 is 28,286 sq. ft. During the approval process, the applicant was granted the ability to develop a residence on each lot, each with up to 5,040 sq. ft. of Floor Area in exchange for the following: Gifting the City a 4.1-acre parcel of open space along the southern portion of the PUD. The open space was considered a critical link to open space properties in the area, including, Ajax Park, the Ute Trail and Ajax Trail. The open space that was gifted to the City is identified as Common Area Lot D; Developing an on-site “for-sale,” three-bedroom, Category 4 affordable housing unit. The affordable housing unit is located on Lot 3; Minimizing the bulk and mass of the two free-market dwellings. Figure 3: 1001 Ute PD Site Layout 112 Page | 3 1. Each dwelling is built to the maximum Floor Area of 5,040 sq. ft. as memorialized in the original PD. Increasing existing Floor Area requires a PD Amendment for Project Review. Previous PUD Amendment In 2019, it came to the attention of the Community Development Department that several improvements developed onsite were inconsistent with previous approvals. The manager of the PUD submitted an application to memorialize the subject improvements. Upon review of the application, City Council approved Ordinance No. 33, Series of 2019 to memorialize some improvements and to rectify others. Following Council review, staff worked with the applicant to ensure the subject improvements were addressed and properly remedied. As of today, the free- market dwellings on Lots 1 and 2 and the affordable housing unit on Lot 3 are fully developed and have received their respective Certificates of Occupancy. Additionally, the affordable housing unit was transferred to a qualified APCHA tenant. Request to Land Transferrable Development Rights At the time of original approval, the Planned Development did not include the ability to land TDRs on the subdivided lots. This applicant requests the ability to land up to four Transferrable Development Rights (TDRs) within the PD to increase the Floor Area of each single-family residence.1 Two of the TDRs would be allocated to the free-market dwelling on Lot 1 (1001 Ute) and two TDRs would be allocated to the free-market dwelling on Lot 2 (1011 Ute). According to the application, each existing free-market home has a partially enclosed patio area at the rear (uphill) of the property. Because these areas are not fully enclosed, they do not count towards Floor Area. By landing four TDRs on the site, the applicant hopes to enclose these spaces. Enclosing these spaces would increase the conditioned, indoor area of each property but would not increase the visible mass of the structures. The subject properties are located within the 8040 Greenline Review area, which is considered an Environmentally Sensitive Area- requiring heightened review for development. According to the application, the proposed expansions do not increase existing building footprints, so an 8040 Greenline Exemption is requested as part of this review. Figure 4:Lot 1 (1001 Ute) | Proposed Expansion Areas Figure 5:Lot 2 (1011 Ute) | Proposed Expansion Area 113 Page | 4 DISCUSSION & STAFF FINDINGS: As previously mentioned, the 1001 Ute Subdivision/PD is located within the Moderate Density Residential (R-15) zone district. This zone district typically allows for the extinguishment of one TDR per residence on a parcel- permitting an expansion of up to 250 sq. ft. of Floor Area. Non- historic properties with a net lot area of 15,000 sq. ft. or larger are eligible to extinguish up to two TDRs. Pursuant to underlying zoning, each of the subject lots is large enough to receive two TDRs (Lot 1 is 23,636 sq. ft. and Lot 2 is 28,286 sq. ft.). It is worth noting that the PD overlay dictating the development parameters on the subject properties is silent on the ability to land TDRs. When this occurs, underlying zoning typically takes precedent on any topics not addressed in the PD. However, the original PD approvals prescribe a maximum Floor Area of 5,040 sq. ft. per residence. When reviewing the discussions that occurred at the time the PD was created, it is obvious that the rationale for choosing the maximum Floor Area number was purposeful. A staff memo to the Planning & Zoning Commission in April 2006 states: In order to determine compatibility with the neighborhood and to get a sense of the residence sizes in the immediate area, staff reviewed building permit files and land use approval documents to obtain the allowable FARs for the surrounding properties. Development of single-family residences in the Hoag Subdivision located directly to the east of the adjacent Ajax Park mostly allow for around 5,000 sq. ft. of FAR before slope reduction is taken into account, and around a maximum of 3,900 sq. ft. of FAR after slope reduction is accounted for. The allowable FAR for the residences to the west of the proposed subdivision along Ute Avenue range between 2,700 sq. ft. and 3,200 sq. ft. Finally, the single-family residences in the Aspen Chance Subdivision located to the southwest of the subject property have an average allowable FAR of 4,856 sq. ft. That said, staff believes that the Planning and Zoning Commission and ultimately City Council have four justifiable options for allocating allowable FAR to the proposed parcels, which are outlined in the chart below: Allowable FAR Options Methodology 5,040 sq. ft. per residence Based on underlying R-15 Zone District 4,856 sq. ft. per single-family residence Average allowable FAR for single-family residences in the neighboring Chance Subdivision 3,900 sq. ft. per residence Maximum allowable FAR for the smaller lots (1095, 1105, 1115, and 1125 Ute Ave) in the neighboring Hoag Subdivisions located along Ute Ave. 3,000 sq. ft. per residence Average of the allowable FAR for the three parcels (961, 971, and 991 Ute Ave) directly west of the subject property on Ute Ave. Staff believes the proposed subdivision would be more consistent with the surrounding development if the allowable FAR was limited to 3,900 sq. ft. for each of the proposed single-family residences to be consistent with that of the residences that are significantly visible from Ute Avenue, like the nearby Hoag Subdivision lots. Staff supports allowing for 114 Page | 5 3,900 sq. ft. of allowable FAR for the proposed residences to be visually compatible with the remainder of the houses in the neighborhood that are extremely visible from Ute Avenue if the proposal is to be approved. Five thousand forty sq. ft. of Floor Area per residence was ultimately approved for the PD in exchange for the public benefits listed at the bottom of page two of this memo. Each free-market dwelling is currently developed at the 5,040 sq. ft. maximum, thus requiring a PD amendment for any additions to Floor Area. The review criteria related to a Minor Amendment to Project Review should be considered for a request to land TDRs on the subject properties (see Exhibit A for all review criteria). One important criterion to highlight is related to Dimensions. As required by this standard, all dimensions, including density, mass and height are established during project review. The project should be compatible or enhance the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns. Additionally, the proposed dimensions should represent a character suitable for and indicative of the primary uses of the project. As previously mentioned, significant deliberation took place related to the mass and scale of the free-market dwellings during the original review of this PD. A Staff memo addressed to the Planning & Zoning Commission from 2006 states: “Staff further feels that the PUD review standards are only met by the proposal if the allowable FAR for the two single-family residential parcels is capped at 3,900 sq. ft. each, as is consistent with the allowable Floor Area in the neighboring Hoag Subdivision that is very visible from Ute Ave.” Although 5,040 sq. ft. of Floor Area was ultimately approved for each single-family residence, several significant community benefits were provided as a result, including minimizing the bulk and mass of both dwellings. While the applicant has represented that any additional Floor Area granted by extinguishing TDRs would be limited to the rear of the existing dwellings and within the existing building footprint to minimize visual impacts, TDR development rights on a property exist in perpetuity. If these properties are redeveloped in the future, a different design may allow additional massing to become visible from Ute Avenue and the surrounding neighborhood. Staff’s position remains the same as its recommendation from 2006 - further increasing the bulk and mass of the existing dwellings only weakens any visual consistency with the context of the surrounding neighborhood. Considering the history of the PD process, concerns expressed by the Planning and Zoning Commission at the time, and the potential for future redevelopment of the site, staff recommends denial of the request for a Minor Amendment to Project Review to land TDRs on the subject properties. If Council is supportive of landing one or more TDRs on the property, staff recommends denial of the request for an 8040 Greenline Review exemption. Although the applicant has indicated that any expansion of Floor Area is limited to the existing building footprint, no drawings or plans have been submitted for review and verification. Given the potential impacts of increasing Floor Area, staff requests the opportunity to properly review plans and to refer drawings to the Engineering Department. Staff believes that 8040 Greenline review is an important step subsequent to any future modification of the Floor Area on the subject properties, whether TDRs are permitted to be landed on the sites or not. 115 Page | 6 FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A RECOMMENDATION: Staff recommends approval on first reading to set a public hearing date to fully vet the request. At second reading, staff recommends denial of the request to land TDRs on the property and for 8040 Greenline Review. Increasing the bulk and mass of these dwellings is inconsistent with previous approvals and weakens any visual relationship to the surrounding neighborhood. PROPOSED MOTION: Staff recommends that Council approve the ordinance on first reading & set a public hearing date to fully vet the request. The following motion can be made: “I move to approve Ordinance #08 (Series of 2021) on first reading & set a public hearing (second reading) for April 27, 2021.” CITY MANAGER COMMENTS: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ ATTACHMENTS: Exhibit A.1 – Project Review Criteria | Staff Findings Exhibit A.2 – 8040 Greenline Review Criteria | Staff Findings Exhibit B – Ordinance #24 (Series of 2006) | PUD Approval Exhibit C – Subdivision/PUD Agreement for 1001 Ute Ave. Subdivision Exhibit D – Ordinance #33 (Series of 2019) Exhibit E – 1001 Ute Application 116 Ordinance # 08, Series 2021 1001 Ute Ave PUD Page 1 of 3 ORDINANCE # 08 (SERIES OF 2021) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT FOR PROJECT REVIEW AND AN 8040 GREENLINE EXEMPTION FOR 1001, AND 1011 UTE AVENUE, LEGALLY DESCRIBED AS LOTS 1 AND 2; 1001 UTE SUBDIVISION/PUD; ACCORDING TO THE PLAT THEREOF FILED MAY 9, 2007, IN PLAT BOOK 83 AT PAGE 95 COUNTY OF PITKIN, STATE OF COLORADO WHEREAS,the Community Development Department received an application from Ute Mesa Lot 1 LLC, PO Box 3211, Westport CT, 06880; and from Christy 2017-3 Acquisition LLC, 325 N. St. Paul Street., 3400, Dallas, TX, 75201 for a Minor Amendment to a Planned Development and 8040 Greenline Review to land up to four Transferrable Development Rights (TDRs) on the subject properties, WHEREAS, the Aspen City Council considered the request at 1 st Reading on March 23 rd, 2021 and at 2nd Reading (a duly noticed public hearing) on April 27 th, 2021; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS,the Aspen City Council finds that the proposal for a MinorAmendment to a Planned Development and an 8040 Greenline Review Exemption meets the applicable land use standards, and voted X to X (X to X) on April 27 th, 2021 to approve the request; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL: Section 1: Aspen City Council approves the request for a Minor Amendment to a Planned Development for Project Review for the ability to extinguish up to four Transferrable Development Rights (TDRs) on Lots 1 and 2 of the Ute Subdivision/PUD, subject to the following conditions: No more than two TDRs may be extinguished on Lot 1. No more than two TDRs may be extinguished on Lot 2. Each TDR is eligible for a Floor Area increase up to 250 sq. ft. 117 Ordinance # 08, Series 2021 1001 Ute Ave PUD Page 2 of 3 Section 2: Aspen City Council approves the request for an 8040 Greenline Review Exemption to enclose the existing porches located at the rear of the property, subject to the following conditions: Any Floor Area increase must occur within the existing building footprint, which will be verified at the time of building permit review. If any impacts occur outside the existing building footprint, the proposed addition will be subject to 8040 Greenline Review prior to the issuance of a building permit. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23 rd day of March 2021. ATTEST: ______________________________________________________________ Nicole Henning, City Clerk Torre, Mayor 118 Ordinance # 08, Series 2021 1001 Ute Ave PUD Page 3 of 3 FINALLY, adopted, passed, and approved by a X to X (X - 0) vote on this 27 th day of April 2021. Approved as to form: Approved as to content: ________________________________________________________ James R. True, City Attorney Torre, Mayor Attest: __________________________ Nicole Henning, City Clerk 119 4 Exhibit A Planned Development – Project Review Criteria The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans.The proposed development complies with applicable adopted regulatory plans. Staff Response: Ordinance No. 24, Series of 2006 and the accompanying subdivision agreement explicitly identify a Floor Area of 5,040 sq. ft. of Floor Area for each residence on Lots 1 and 2. Significant discussion preceded this approval to determine the appropriate Floor Area for each dwelling. Staff recommended a smaller Floor Area be awarded to each dwelling to ensure compatibility with the surrounding neighborhood. The larger Floor Area was ultimately approved in exchange for several community benefits, including: Gifting the City a 4.1-acre parcel of open space along the southern portion of the PUD. Developing an on-site “for-sale,” three-bedroom, Category 4 affordable housing unit. Minimizing the bulk and mass of the two free-market dwellings. Unlike the original approval of the PD, granting the ability to extinguish TDRs on these properties does not generate an obvious community benefit. Staff finds this criterion is not met. B. Development Suitability.The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. 120 4 Staff Response:The subject parcels are located within the 8040 Greenline Review area. The applicant has indicated that upon extinguishing TDRs on the site, any new additions will occur within the existing building footprint, thus minimizing any adverse impacts to this Environmentally Sensitive Area. Building plans and drawings have not been submitted for Community Development or Engineering review. At this point, staff does not have clarity on the potential impacts that new development may cause to the surrounding area as it remains unclear if and where new development might occur. Staff recommends that the request for an 8040 Greenline Exemption be reviewed pending approval of this application to amend the Planned Development. This review can likely occur administratively, depending upon the request. Staff finds that this criterion is not applicable. C. Site Planning.The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: No changes to the site plan are proposed. This application simply requests the ability to extinguish Transferrable Development Rights on the property. The applicant has indicated that new development would likely occur within the existing building footprint. Staff finds this criterion is met. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 121 4 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Response:Significant deliberation took place related to the mass and scale of the free-market dwellings during the original review of this PD. A Staff memo addressed to the Planning & Zoning Commission from 2006 states: “Staff further feels that the PUD review standards are only met by the proposal if the allowable FAR for the two single-family residential parcels is capped at 3,900 sq. ft. each, as is consistent with the allowable Floor Area in the neighboring Hoag Subdivision that is very visible from Ute Ave.” Although 5,040 sq. ft. of Floor Area was ultimately approved for each single- family residence, several significant community benefits were provided as a result, including minimizing the bulk and mass of both dwellings. While the applicant has represented that any additional Floor Area granted by extinguishing TDRs would be limited to the rear of the existing dwellings and within the existing building footprint to minimize visual impacts, TDR development rights on a property exist in perpetuity. If these properties are redeveloped in the future, a different design may allow additional massing to become visible from Ute Avenue and the surrounding neighborhood. Staff’s position remains the same as its recommendation from 2006- further increasing the bulk and mass of the existing dwellings only weakens any visual consistency with the context of the surrounding neighborhood. Staff recommends denial of the request for a Minor Amendment to Project Review to land TDRs on the subject properties. Staff finds this criterion is not met. 122 4 E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Responses: According to the application, the areas that would likely be expanded because of extinguishing TDRs would have minimal impacts to the aesthetics of the development as viewed from Ute Avenue. The expansion areas would be visible from the rear of the property, as viewed from the Ute Trail but would be limited to filling in the existing walls of the covered areas. Despite these representations, it’s important to highlight that development rights associated “landing” TDRs exist in perpetuity. While the visual impacts of the proposed development may be limited, if either home is redeveloped at some point in the future, visual impacts may increase with the added development rights derived from the TDRs. Staff finds this criterion is not met. F. Pedestrian, bicycle & transit facilities.The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The proposal to enclose these partially enclosed areas is not expected to impact transit/bicycle/pedestrian facilities. Staff finds this criterion is not applicable. G. Engineering Design Standards.There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: As previously mentioned, the application represents that any new development will be limited to the existing building footprint. However, staff does not have clarity on the potential impacts of the proposed development as no drawings or plans have been submitted. Development impacts are currently 123 4 unclear. If Council determines that TDRs may be landed on the site, staff requests subsequent administrative reviews, including 8040 Greenline Review to ensure Engineering standards are met. Staff finds this criterion is not applicable. H. Public Infrastructure and Facilities.The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response:At this point, no changes to utilities are public infrastructure are anticipated. Any changes to fixture counts will be addressed at permitting.Staff finds this criterion is not applicable. I.Access and Circulation.The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: “Landing” TDRs on this site will not change access and circulation. Perpetual, unobstructed vehicular access is provided to all lots within this development. No changes to access are proposed. Staff finds this criterion is not applicable. 124 4 Exhibit A.2 8040 Greenline Review – Exemption Review Criteria The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. Does not add more than ten percent to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent; and Staff Response:Each residential dwelling is 5,040 sq. ft. in Floor Area. Landing two TDRs per residential dwelling would grant up to 500 sq. ft. in additional Floor Area, which is roughly ten percent of what currently exists. Staff finds that this criterion is met. 2. The development does not require the removal of any tree for which a permit would be required; and Staff Response:The applicant has indicated that any addition to the existing dwellings would be located within existing building footprints. However, staff does not have clarity on the potential impacts to the surrounding landscape and environment. If Council approves the landing of TDRs on either lot, staff requests a subsequent 8040 Greenline Review to properly determine potential impacts to the landscape. Staff finds that this criterion is not met. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Staff Response:The applicant has indicated that any addition to the existing dwellings would be located within existing building footprints. However, staff does not have clarity on the potential impacts to the surrounding landscape and environment. If Council approves the landing of TDRs on either lot, staff requests a subsequent 8040 Greenline Review to properly determine potential impacts to the landscape. Staff finds that this criterion is not met. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline Review must be obtained pursuant to Subsection 26.435.030.C. Staff Response:Each residential dwelling is 5,040 sq. ft. in Floor Area. Landing two TDRs per residential dwelling would grant up to 500 sq. ft. in additional Floor area, which is roughly ten percent of what currently exists. Staff finds that this criterion is met. 125 Exhibit B | PUD Approval 126 Exhibit B | PUD Approval 127 Exhibit B | PUD Approval 128 Exhibit B | PUD Approval 129 Exhibit B | PUD Approval 130 Exhibit B | PUD Approval 131 Exhibit B | PUD Approval 132 Exhibit B | PUD Approval 133 Exhibit B | PUD Approval 134 Exhibit C 135 Exhibit C 136 Exhibit C 137 Exhibit C 138 Exhibit C 139 Exhibit C 140 Exhibit C 141 Exhibit C 142 Exhibit C 143 Exhibit C 144 Exhibit C 145 Exhibit C 146 Exhibit C 147 Exhibit C 148 Exhibit C 149 RECEPTION#: 662166, R: $28.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 4, 01/23/2020 at 10:18:59 AM Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 33 SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MAJOR AMENDMENT TO A PLANNED DEVELOPMENT & 8040 GREENLINE REVIEW FOR LOTS 999, 1001, 1011 UTE AVENUE, PLUS COMMON AREA PARCELS A, B & C, LEGALLY DESCRIBED AS LOTS 1, 2,3, A,B, AND C; 1001 UTE SUBDIVISION/PUD; ACCORDING TO THE PLAT THEREOF FILED MAY 9, 2007, IN PLAT BOOK 83 AT PAGE 95 COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, the Community Development Department received an application from Leathem Stearn, Manager; Ute Mesa Lot 1 LLC., Ute Mesa Lot 2 LLC., 999 Ute Avenue LLC., PO Box 3211, Westport CT, 06880 for a Major Amendment to a Planned Development and 8040 Greenline Review for certain development activities that have occurred on the properties. WHEREAS, the Community Development Department Staff deemed the application complete on August 5th, 2019 and reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code, the Community Development Director finds that certain improvements received permits while other improvements were required to attain permits or be removed; and, WHEREAS,during a public hearing on October 1,2019,the City of Aspen Planning and Zoning Commission, pursuant to Planning and Zoning Commission Resolution No. 11, Series 2019, by a six to zero (6-0) vote,made a recommendation to the City Council; and, WHEREAS, the Aspen City Council considered the request at 1St Reading on November 12, 2019 and at 2nd Reading(a duly noticed public hearing)on December 10,2019,December 17th,2019, and December 18th,2019; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, has reviewed and considered the recommendation of the Planning & Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen City Council finds that the proposal for a Major Amendment to a Planned Development and 8040 Greenline Review meets the applicable land use standards,and voted three to zero (3 to 0) on December 181h, 2019 to approve the request; and, WHEREAS, the Aspen City Council finds that the Applicant has removed unpermitted development activity in the form of air conditioning units installed on Common Area Lot A and that compliance with previous approvals has been achieved; and, Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 1 of 4 150 WHEREAS, the Aspen City Council finds that the Applicant has represented that work has commenced to install an American with Disability Act(ADA)compliant access to the existing tennis courts on Common Area Lot B consistent with previous land use approvals for the properties; and WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL: Section 1 Aspen City Council approves the request for a Major Amendment to a Planned Development and 8040 Greenline Review to memorialize the following improvements on the subject properties: A. Common Area Lot A 1) Existing stairwells that provide pedestrian access to the residences on Lot 1 and Lot 2 may remain within Common Area Lot A & Common area Lot C in their existing configuration and location. B. Common Area Lot B 1) Existing retaining walls and all grading near or adjacent to Ute Avenue may remain in their existing configuration and location which includes existing height(s) and materials. C. Lot 3 1) Existing retaining walls and all grading near or adjacent to Ute Avenue may remain in its existing configuration and location which includes established height(s) and materials. 2) The existing window well that provides ingress/egress for the affordable housing residence may remain within Common Area Lot C in its existing configuration and location. D. Lot 1 and Lot 2 1) The existing first floor elevation of the single-family dwellings on Lot 1 & Lot 2 and associated grading are memorialized at an elevation of 8,012 feet. Section 2• Within 30 days of this approval, the Applicant shall submit for review, approval, and recordation an amended Ute Subdivision site plan illustrating all existing improvements including those improvements memorialized by this Ordinance. Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 2 of 4 151 Section 3• In the spring of 2020,weather permitting,the Applicant shall remove the concrete foundation pads associated with the air conditioning units on Common Lot A. Future placement of any air conditioning units on the subject properties shall be reviewed administratively by Community Development Staff. Section 4• Prior to the issuance of a final Certificate of Occupancy for Lot 1, the Applicant shall verify using a certified engineer and/or avalanche professional, that the retainage walls within the "Landscape and Avalanche Mitigation Wall Envelope" are required avalanche mitigation devices. Should these walls or other improvements not be associated with avalanche mitigation,further City review is required to determine compliance with Land Use Code requirements. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7• If any section, subsection, sentence, clause,phrase,or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 3 of 4 152 INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of November 2019. ATTEST: Nicole Henning,City Clerk Ward Hauenstein,Mayor Pro Tem FINALLY, adopted,passed, and approved by a three to zero (3 - 0)vote on this 18th day of December 2019. Approved as to form: Approved as to content: Ja6es R. True, City Attorney Ward Hauenstein,Mayor Pro Tem Attest: qr Nicole Henning,City Clerk Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 4 of 4 153 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 8, 2021 Mr. Kevin Rayes City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 1001 / 1011 Ute Avenue – Amended Request Mr. Rayes: Please accept this amended request regarding the 1001 Ute Avenue Planned Development. The original application (dated November 6, 2020) requested the ability to “land” up to two Transferable Development Rights (TDRs) on each of the two homes – 1001 Ute and 1011 Ute. Aerial View Lot 2 – the 1011 Ute Ave. Home – showing expansion area for 2 TDRs (no change from original proposal) This amended request is to permit up to 4 TDRs on the 1001 home. The expansion areas will be at the rear of the property within existing partially-enclosed patio areas. All other aspects of the November 6th application remain unchanged. We look forward to discussing this request with you and the City Council. Sincerely, Chris Bendon, AICP BendonAdams LLC Aerial View Lot 1 – the 1001 Ute Ave. Home – showing both expansion areas for 4 TDRs (change from original proposal 154 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM November 6, 2020 Mr. Kevin Rayes Planner City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 1001 / 1011 Ute Avenue Planned Development Amendment and 8040 Greenline Exemption Review Mr. Rayes: Please accept this request to amend the 1001 Ute Avenue Planned Development and to approve an exemption from the 8040 Greenline Review. The project approvals contain a specified floor area allowance for the two free-market homes and this amendment is requesting the ability to “land” up to two Transferable Development Rights (TDRs) per property in order to increase the floor area. View of 1001 Ute Subdivision from Ute Avenue Each existing free-market home has a partially-enclosed patio area to the rear (uphill) of the property. These areas do not count as floor area and the properties are otherwise built to the maximum floor area allowed. The intent is to use TDRs to enable these areas to be fully enclosed. Aerial View Lot 2 showing expansion area A PD amendment application adjusting various items was reviewed and approved in 2019. The project has since resolved all outstanding items and received final inspections and Certificates 155 1001/1011 Ute Avenue Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 1001 Ute Avenue (Lot 1) is owned by Ute Mesa Lot 1 LLC; Leathem Stearn, Manager. 1011 Ute Avenue (Lot 2) is owned by Christy 2017-3 Acquisition LLC; Steve Hooser, Manager. Both entities have authorized BendonAdams to submit this application and act on their behalf for this review. Attached please find the project approvals and relevant documents required for a complete application. We look forward to discussing this request with you and the City Council. Please contact us with any questions or concerns. Sincerely, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Review Criteria 2. Land Use Application Form 3. Pre-App 4. Agreement to pay 5. HOA compliance 6. Authorization to represent 7. Disclosure of ownership 8. Ord. No. 24, 2006 9. Subdivision Agreement 10. Subdivision Plat 11. Vicinity Map 12. List of owners within 300 ft. of Occupancy for all three residences in the subdivision. The third residence in the subdivision, an affordable housing unit on Lot 3, was completed and transferred to a qualified purchaser earlier this year. The 1001 Ute Avenue Subdivision & PUD was approved by the City in 2006 via Ordinance 24, 2006. A Subdivision Agreement between the developer and the City was recorded in 2007 (reception no. 537514). The subdivision plat is filed at reception no. 537513. Layout of 1001 Ute Subdivision The approval preserved a significant open space parcel going up the side of Aspen Mountain and allowed development of the lower portion of the property with two free- market residences, one affordable residence, and three tennis courts leased by the Gant. All dimensions for the project were set through the adoption of Ordinance No. 24, 2006 (reception no. 531499). Aerial View Lot 1 showing 2 potential expansion areas 156 Exhibit 1 Review Criteria Page 1 26.435.030. 8040 Greenline Review. A. Applicability. The provisions of 8040 Greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 Greenline) in the City and all development within one hundred fifty (150) feet below, as measured horizontally, the 8040 Greenline, unless exempted pursuant to Subsection 26.435.030.B.. Development on land located in the R-15B Zone District is not subject to the 8040 Greenline review. Response – The 8040 topo line traces across the property just uphill of the two free-market residences, which each are at roughly 8015-8025ft. The expansion areas are easily within 150 horizonal feet of the 8040 topo line. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. Response – The amendment would increase floor area by up to roughly 10% for each of the two homes. Each free-market house is allowed 5,040sf of Floor Area, pursuant to the original approvals.1 Adding up to two TDRs per property would increase the allowable floor area by 500sf, or 9.9%, for a total allowable Floor Area of 5,540sf. Neither Lots 1 or 2 have utilized this exemption to date. Only one other 8040 Greenline Exemption has been obtained in this subdivision, for air conditioning units on Lot A, a common parcel of the subdivision. Both homes have existing partially- enclosed indoor/outdoor areas that area intended to be enclosed by use of these TDRs. Because the areas are partially enclosed, there will be minimal additional impacts of the expansions. No excavation or regrading work is needed, no changes to drainage patterns are expected, and no trees will be affected by enclosing these spaces. 1 See Subdivision Improvements Agreement, page 3, and Ordinance 24-2006, page 2. 157 Exhibit 1 Review Criteria Page 2 The image to the upper right shows the planned expansion area for 1011 Ute (Lot 2). The image to the right shows two potential expansions areas for 1001 Ute (Lot 1) Prior to redevelopment, the property was affected by man-made hazards – specifically, a mine waste rock pile with occasional sloughing. All remediation has been performed and has been approved and inspected by the City of Aspen. Mitigation for avalanche hazard has been installed along the south side of the property. There are no known geologic hazards in the location. 158 Exhibit 1 Review Criteria Page 3 26.445.050 – Project Review Standards. (Minor Amendment to Project Review) The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Response – The proposed is not affected by regulatory plans beyond the applicability of the City’s Municipal Code, including the Land Use Code and Engineering Design Standards. The proposal is limited to allowing an increase in floor area on Lots 1 and 2 by up to 500 square feet for each lot pursuant to the extinguishment of Historic Transferable Development Rights at a rate of 250 square feet of floor area for each certificate. The proposed expansion areas are within the existing footprints of the structures on Lots 1 and 2. Each applicant will deliver to the Community Development Department 1 or 2 TDR certificates, depending on the size of the expansion, as a condition precedent to receiving a building permit for the expansion. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29—Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response – The areas proposed for development are within the existing footprint of development and not affected by natural or human-caused hazards. No changes to grading or drainage patterns are anticipated. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 159 Exhibit 1 Review Criteria Page 4 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Response – No changes to the site plan area proposed. The areas proposed for enclosure are within the footprint of the existing structures and are within the visual massing of the development. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110—Amendments. Response – The City’s Historic TDR program enables owners of historically designated residential properties to sever and sell portions of their development right. This is a benefit to these owners and a benefit to the City historic preservation efforts. But, the benefit is only as good as the demand to land TDRs. To date, the City TDR market has been sorta meh. There hasn’t been robust demand for using TDRs. Landing TDRs on the 1001/1011 properties will help support the TDR program and assist the City’s HP efforts – a clear community goal. The proposed placement of the square footage represents minimal visual impact. The placement of additional floor area on the “back side” of each residence will not be noticeable from Ute Avenue and will have negligible impact from the trail above 160 Exhibit 1 Review Criteria Page 5 the property. The massing of the buildings will not change as the expansion areas are infill of partially-enclosed spaces. No changes to parking are proposed. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Response – The expansion areas are to the rear of each property and the enclosure of these areas will have minimal impacts on the aesthetics of the development. Viewed from Ute Avenue, the expansion areas are not visible. To the right is a picture of the property from Ute Avenue. The expansion areas are visible from the rear of the property, although these areas are already partially enclosed and the visual change will be limited to infilling the walls of the covered areas. The image to the right shows the rear of the property backing-up to Aspen Mountain. 161 Exhibit 1 Review Criteria Page 6 The two images to the right and below show the expansion areas for each house. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response – The proposal to enclose these partially-enclosed areas is not expected to impact transit/bicycle/pedestrian facilities. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require 162 Exhibit 1 Review Criteria Page 7 specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response – The project is built and the expansions areas within the existing footprint of development. The expansion areas are impervious and covered with roofed area with roof drains. No changes to drainage patterns or capacity requirements are expected. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response – No changes to the utilities or public infrastructure are expected. The expansion areas do not include bathrooms and the systems are modern. Any changes to fixture counts will be addressed through permitting. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response – The landing of TDRs in this development will not change the access and circulation. Perpetual, unobstructed vehicular access is provided to all Lots within this development. No changes to the access are proposed. 163 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 1001 / 1011 Ute Avenue 2737-182-01-013 ; 2737-182-01-014 Ute Mesa Lot 1 LLC ; Christy 2017-3 Acquisition LLC PO Box 3211; Westport, CT 06880 ; 325 N. St. Paul St., 3400; Dallas, TX 75201 917.210.3111 214.953.1177 Leathem@ Stearn.com SHooser@jcleo.com BendonAdams 300 So. Spring St. #202; Aspen, CO 81611 970.925.2855 Chris@BendonAdams.com Request to allow Historic TDRs within existing built subdivision. na na 2 (existing) 1 (existing)na x x x x 4,550 City Council Exhibit 2 164 Exhibit 3 165        166 Exhibit 4 Joan@Stearn.com 970-208-5559 325 1 167 Exhibit 5 168 Exhibit 6 169 Exhibit 6.1 170 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com Commitment Ordered By: Chris Bendon BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 Phone: 970-925-2855 Fax: email: chris@bendonadams.com Inquiries should be directed to: Priscilla Prohl-Cooper Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 Commitment Number:7000433-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Ute Mesa Lot 1 Property:1001 Ute Avenue, Aspen, CO 81611 1001 Ute Avenue Subdivision/PUD, Lot 1, Pitkin County, CO TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $250.00 $250.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). Exhibit 7 171 CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY The Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 172 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other1. security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien,2. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named3. proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not4. an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when5. the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. 173 Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company (“WLTIC”) and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com 174 175 COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 7000433-C 1.Effective Date: August 21, 2020, 7:00 am Issue Date: September 02, 2020 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Ute Mesa Lot 1 LLC, a Colorado limited liability company 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R020459 Countersigned The Title Company of the Rockies By: Mike Mulligan This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 176 Commitment No: 7000433-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lot 1, 1001 UTE AVENUE SUBDIVISION/PUD, according to the Plat thereof filed May 9, 2007, in Plat Book 83 at Page 95, at Reception No. 537513, County of Pitkin, State of Colorado. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 177 Commitment No: 7000433-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 178 Commitment No: 7000433-C This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 4 179 Commitment No: 7000433-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 1, 1884, in Book 11 at Page 97, as Reception No. 4536 and recorded August 26, 1949, in Book 175 at Page 299, as Reception No. 96828. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 5 180 Commitment No: 7000433-C Terms, agreements, provisions, conditions, easements and obligations as contained in Agreement8. recorded March 22, 2006, as Reception No. 522056 and re-recorded April 12, 2006, as Reception No. 522889, and Declaration recorded January 12, 2011, as Reception No. 576694. Easements, rights of way and all other matters as shown on the Plat of 1001 Ute Avenue9. Subdivision/PUD filed May 9, 2007, in Plat Book 83 at Page 95, as Reception No. 537513. Terms, agreements, provisions, conditions and obligations as contained in Subdivision/PUD10. Agreement for 1001 Ute Avenue Subdivision recorded May 9, 2007, as Reception No. 537514; First Amendment recorded September 10, 2013, as Reception No. 603462 and Second Amendment recorded March 18, 2014, as Reception No. 608696. Those covenants, conditions, obligations, easements and restrictions as contained in Declaration11. of Protective Covenants for 1001 Ute Avenue Subdivision/PUD recorded May 9, 2007, as Reception No. 537515 as amended by instrument recorded December 15, 2015, as Reception No. 625611. Terms, agreements, provisions, conditions and obligations as contained in letter for compliance12. with the Subdivision/PUD Agreement recorded May 10, 2007, as Reception No. 537601. Terms, agreements, provisions, conditions and obligations as contained in Resolution of the13. Aspen Planning and Zoning Commission recorded May 16, 2007, as Reception No. 537917. Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing and14. Easement Agreement recorded July 18, 2007, as Reception No. 540056. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit and15. Vault Agreement recorded October 24, 2008, as Reception No. 553783. Terms, agreements, provisions, conditions and obligations as contained in Holy Cross Energy16. Contract for Electric Service recorded October 24, 2008, as Reception No. 553788. Terms, agreements, provisions, conditions, easements and obligations as contained in Holy Cross17. Energy Underground Right-of-way Easement recorded October 24, 2008, as Reception No. 553789. Terms, agreements, provisions, conditions and obligations as contained in Declaration Of18. Exclusive Parking Rights recorded March 18, 2014, as Reception No. 608695. Terms, conditions, provisions and obligations contained in the Stormwater Best Management19. Practices Operations and Maintenance Agreement recorded October 19, 2017 as Reception No. 642416. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 181 Commitment No: 7000433-C Irrevocable License Agreement recorded April 25, 2018 as Reception No. 646856.20. Irrevocable License Agreement recorded April 25, 2018 as Reception No. 646857.21. Terms, agreements, provisions, conditions and obligations as contained in 971 Ute Control Area22. Easement recorded May 10, 2019, as Reception No. 655863. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 1123. (Series of 2019) of the Aspen Planning and Zoning Commission recorded October 14, 2019 as Reception No. 659517. Terms, agreements, provisions, conditions and obligations as contained in Ordinance No. 33 (Series of 2019) recorded January 23, 2020, as Reception No. 662166. Deed of Trust from Ute Mesa Lot 1, LLC, a Colorado limited liability company to the Public24. Trustee of Pitkin County for the use of Alpine Bank, to secure $12,000,000.00, dated April 9, 2018, and recorded April 20, 2018, as Reception No. 646724. NOTE: Disburser's Notice by Alpine Bank, recorded April 25, 2018, as Reception No. 646855. Deed of Trust from Ute Mesa Lot 1, LLC to the Public Trustee of Pitkin County for the use of25. Aloanco, LLC, to secure $15,000,000.00, dated May 16, 2017, and recorded May 17, 2017, as Reception No. 638427. NOTE: Subordination of Deed of Trust recorded January 29, 2018, as Reception No. 644789. NOTE: Subordination of Deed of Trust recorded April 25, 2018, as Reception No. 646853. NOTE: Collateral Assignment of Note and Deed of Trust recorded June 27, 2018, as Reception No. 648434. NOTE: Subordination of Deed of Trust recorded May 10, 2019, as Reception No. 655852. NOTE: Subordination of Deed of Trust recorded August 7, 2019, as Reception No. 657796. NOTE: Subordination of Deed of Trust recorded December 12, 2019, as Reception No. 661137. Deed of Trust from Ute Mesa Lot 1, LLC to the Public Trustee of Pitkin County for the use of26. Aloanco, LLC, to secure $12,050,000.00, dated May 16, 2017, and recorded May 17, 2017, as Reception No. 638428. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 7 182 Commitment No: 7000433-C NOTE: Subordination of Deed of Trust recorded January 29, 2018, as Reception No. 644789. NOTE: Subordination of Deed of Trust recorded April 25, 2018, as Reception No. 646853. NOTE: Subordination of Deed of Trust recorded May 10, 2019, as Reception No. 655852. NOTE: Subordination of Deed of Trust recorded August 7, 2019, as Reception No. 657796. NOTE: Subordination of Deed of Trust recorded December 12, 2019, as Reception No. 661137. NOTE: Subordination of Deed of Trust recorded June 1, 2020, as Reception No. 664879. Deed of Trust from Ute Mesa Lot 1, LLC, a Colorado limited liability company to the Public27. Trustee of Pitkin County for the use of Stephen D. Tebo d/b/a Tebo Properties, to secure $900,000.00, dated January 26, 2018 and recorded January 26, 2018, as Reception No. 644777. NOTE: Subordination of Deed of Trust recorded April 25, 2018, as Reception No. 646854. NOTE: Amendment to Deed of Trust recorded May 10, 2019, as Reception No. 655851. NOTE: Second Amendment to Deed of Trust recorded August 7, 2019, as Reception No. 657795. NOTE: Subordination of Deed of Trust recorded August 7, 2019, as Reception No. 657797. NOTE: Third Amendment to Deed of Trust recorded December 12, 2019, as Reception No. 661133. NOTE: Subordination of Deed of Trust recorded December 12, 2019, as Reception No. 661136. NOTE: Subordination of Deed of Trust recorded June 1, 2020, as Reception No. 664880. Deed of Trust from Ute Mesa Lot 1, LLC, a Colorado limited liability company to the Public28. Trustee of Pitkin County for the use of Alpine Bank, to secure $12,000,000.00, dated April 9, 2018, and recorded April 20, 2018 at Reception No. 646724. NOTE: Modification Agreement recorded July 7, 2020 at Reception No. 665657, given in connection with the above Deed of Trust. Civil Action No. 2010CV177, in the District Court in and for Pitkin County, Colorado, entitled29. First-Citizens Bank & Trust, Plaintiff(s), vs. Leathem Stearn, Defendant(s). Notice of Lis Pendens recorded April 18, 2018, as Reception no. 646679 and recorded August 2, 2018, as Reception No. 649260. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 8 183 Commitment No: 7000433-C NOTE: Subordination recorded April 25, 2018 as Reception No. 646852. Security interest under the Uniform Commercial Code affecting subject property, notice of which30. if given by UCC Financing Statement from Ute Mesa Lot 1, LLC, debtor(s), to Alpine Bank, secured party, recorded June 23, 2020 at Reception No. 665362. Any and all leases and or tenancies and any and all parties claiming by, through, or under such31. leases and or tenancies. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 9 184 Commitment No: 7000433-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 10 185 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 11 186 Commitment No: 7000433-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at leastone inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse torecord or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with thedisclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's liencoverage to be issued on your policy of Insurance. If the property being purchased has not been the subject ofconstruction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 12 187 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com Commitment Ordered By: Chris Bendon BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 Phone: 970-925-2855 Fax: email: chris@bendonadams.com Inquiries should be directed to: Priscilla Prohl-Cooper Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 Commitment Number:7000434-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Christy 2017-3 Acquisition LLC, a Colorado limited liability company Property:1011 Ute Avenue, Aspen, CO 81611 1001 Ute Avenue Subdivision/PUD, Lot 2, Pitkin County, CO TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $250.00 $250.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). Exhibit 7.1 188 CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY The Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 189 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other1. security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien,2. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named3. proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not4. an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when5. the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. 190 Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company (“WLTIC”) and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com 191 COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 7000434-C 1.Effective Date: August 21, 2020, 7:00 am Issue Date: September 02, 2020 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Christy 2017-3 Acquisition LLC, a Colorado limited liability company 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R020460 Countersigned The Title Company of the Rockies By: Mike Mulligan This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 192 Commitment No: 7000434-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lot 2, 1001 UTE AVENUE SUBDIVISION/PUD, according to the Plat thereof filed May 9, 2007, in Plat Book 83 at Page 95. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 193 Commitment No: 7000434-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 194 Commitment No: 7000434-C This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 4 195 Commitment No: 7000434-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 1, 1884, in Book 11 at Page 97 and recorded August 26, 1949, in Book 175 at Page 299. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 5 196 Commitment No: 7000434-C Terms, conditions, obligations, provisions of Leasehold Agreement between Destination8. Resorts-Aspen, Ltd., a California limited partnership and Smuggler-Durant Mining Company, a New York corporation as contained in instrument recorded October 30, 1979, in Book 378 at Page 419, and Assignment of Leasehold Interest recorded June 15, 1983, in Book 447 at Page 88, and Amendment to Agreement recorded June 15, 1983, in Book 447 at Page 90, and Second Amendment recorded January 31, 2008, at Reception No. 546211; and Third Amendment recorded December 18, 2008, at Reception No. 555133. Terms, conditions, obligations, provisions and easements of Access Easement Agreement9. between Harley Baldwin and The Gant Condominium Association, Inc, a Colorado nonprofit corporation as contained in instrument recorded June 15, 1983, in Book 447 at Page 100. Right of way for Ute Avenue.10. Terms, agreements, provisions, conditions, easements and obligations as contained in Agreement11. recorded March 22, 2006, at Reception No. 522056 and re-recorded April 12, 2006, at Reception No. 522889, and Declaration recorded January 12, 2011, at Reception No. 576694. Easements, rights of way and all other matters as shown on the Plat of 1001 Ute Avenue12. Subdivision/PUD filed May 9, 2007, in Plat Book 83 at Page 95. Terms, agreements, provisions, conditions and obligations as contained in Subdivision/PUD13. Agreement for 1001 Ute Avenue Subdivision recorded May 9, 2007, at Reception No. 537514; First Amendment recorded September 10, 2013, at Reception No. 603462 and Second Amendment recorded March 18, 2014, at Reception No. 608696. Those covenants, conditions, obligations, easements and restrictions as contained in Declaration14. of Protective Covenants for 1001 Ute Avenue Subdivision/PUD recorded May 9, 2007, at Reception No. 537515; as amended by instrument recorded December 15, 2015, at Reception No. 625611. Terms, agreements, provisions, conditions and obligations as contained in letter for compliance15. with the Subdivision/PUD Agreement recorded May 10, 2007, at Reception No. 537601. Terms, agreements, provisions, conditions and obligations as contained in Resolution of the16. Aspen Planning and Zoning Commission recorded May 16, 2007, at Reception No. 537917. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit and17. Vault Agreement recorded October 24, 2008, at Reception No. 553783. Terms, agreements, provisions, conditions and obligations as contained in Holy Cross Energy18. Contract for Electric Service recorded October 24, 2008, at Reception No. 553788. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 197 Commitment No: 7000434-C Terms, agreements, provisions, conditions, easements and obligations as contained in Holy Cross19. Energy Underground Right-of-way Easement recorded October 24, 2008, at Reception No. 553789. Letter by the Director, Community Development regarding PUD amendments recorded August20. 21, 2012, at Reception No. 591521. Terms, agreements, provisions, conditions and obligations as contained in Declaration Of21. Exclusive Parking Rights recorded March 18, 2014, at Reception No. 608695. Terms, agreements, provisions, conditions and obligations as contained in 971 Ute Control Area22. Easement recorded May 10, 2019 at Reception No. 655863. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 11,23. Series of 2019 recorded October 14, 2019 at Reception No. 659517. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. The only conveyance(s) affecting said land preceding the date of this report is (are) as follows: SPECIAL WARRANTY DEED recorded January 9, 2020 at Reception No. 661839 This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 7 198 Commitment No: 7000434-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 8 199 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 9 200 Commitment No: 7000434-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at leastone inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse torecord or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with thedisclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's liencoverage to be issued on your policy of Insurance. If the property being purchased has not been the subject ofconstruction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 10 201 1111111111111111111111 1 361 J NICE K vos CIUDILL PITKIN COUNTY CO R 46 00 0 0 00 ORDINANCE NO 24 SERIES OF 2006 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS A SUBDIVISION REVIEW CONSOLIDATED CONCEPTUAL FINAL PUD AND A GROWTH MANAGEMENT REVIEW FOR THE PRESERVATION OF SIGNIFICANT OPEN SPACE PARCELS FOR THE 1001 UTE AVENUE SUBDIVSION CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COLORADO Parcel ID 2737 182 00 063 WHEREAS the Community Development Department received an application from Leathem Steam owner represented by Davis Horn Incorporated requesting approval of Subdivision Consolidated ConceptualFinal Planned Unit Development 8040 Greenline Review Growth Management Review for the Preservation of Significant Open Space Parcels to divide the parcel at 1001 Ute Avenue into two 2 residential properties and four 4 separate common areas City and Townsite of Aspen and WHEREAS the pursuant to Land Use Code Section 26470 040 B I Detached Single family and Duplex Dwelling Units the Community Development Director approved a Growth Management Review for the construction of one single family dwelling unit conditioned upon approval of the other associated land use actions requested and WHEREAS pursuant to Land Use Code Section 26445 030B 2 Consolidated Conceptual and Final Review the Community Development Director consented to allow for the development application to be reviewed as a consolidated PUD review because of the anticipated limited scope of issues involved with the review and WHEREAS pursuant to the applicable sections of the land use code the Community Development Director has reviewed the requested land use actions and recommended denial of the growth management review for the preservation of significant open space parcels and that a maximum floor area of only 3 830 square feet be allowed per residential lot and WHEREAS during a duly noticed public hearing on April 4 2006 the Planning and Zoning Commission opened and continued the public hearing on this application to April 18 2006 and WHEREAS during a continued public hearing on April 18 2006 the Planning and Zoning Commission opened and continued the public hearing on this application to May 2 2006 and WHEREAS the Applicant amended the development application to include the development of a Category 4 affordable housing unit to mitigate for the second free market residential unit in the subdivision and WHEREAS during a continued public hearing on May 2 2006 the Planning and Zoning Commission approved Resolution No 16 Series of 2006 by a six to zero 6 0 vote approving with conditions an 8040 Greenline Review a Growth Management Review Exhibit 8 202 11 111 111 1111 11 1 11 11111 1111 III 111 IIII 1 1 1 36 JANICE K VQS CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 for the Development of Affordable Housing and recommending that City Council approve with conditions Subdivision Review Consolidated Conceptual Final PUD and a Growth Management Review for the Preservation of Significant Open Space Parcels for the 1001 Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue into two 2 residential properties a parcel for the development of a Category 4 AH nnit and four 4 separate common areas City and Townsite of Aspen and WHEREAS the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein has reviewed and considered the recommendation of the Planning and Zoning Commission the Community Development Director the applicable referral agencies and has taken and considered public comment at a public hearing and WHEREAS during a duly noticed public hearing on July 10 2006 the Aspen City Council reviewed the proposal and continued the hearing until July 24 2006 and WHEREAS during a continued public hearing on July 24 2006 the Aspen City Council reviewed the proposal and continued the hearing until August 14 2006 and WHEREAS during a continued public hearing on August 14 2006 the Aspen City Council reviewed the proposed 1001 Ute Avenue Subdivision and approved Ordinance No 24 Series of 2006 by a four to zero 4 0 vote approving with conditions the 1001 Ute Avenue Subdivision Consolidated ConceptualFinal PUD and Growth Management Review for the Preservation of Significant Open Space Parcels and WHEREAS the City Council fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal with conditions is consistent with the goals and elements of the Aspen Area Community Plan and WHEREAS the City Council finds that this Ordinance furthers and is necessary for the promotion of public health safety and welfare NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO THAT Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code the Aspen City Council hereby approves with conditions a Subdivision Review Consolidated ConceptualFinal PUD and a Growth Management Review for the Preservation of Significant Open Space Parcels for the 1001 Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue into two 2 single family residential properties a property for the development of a for sale three bedroom Category 4 affordable housing unit and four 4 separate common areas subject to the conditions contained herein 203 II 111111111I111I I 361 JANICE K vas CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 Section 2 Approved Development Development of two 2 free market single family residential dwelling units and the development of a for sale three bedroom Category 4 affordable housing unit the relocation of the existing tennis courts approximately thirty 30 feet to the west of their current location along with the necessary road improvements to access the residential lots are hereby approved subject to the terms of this ordinance Section 3 Dimensional Requirements The approved dimensional requirements are as follows Dimensional Approved Requirement Dimensional Requirements Minimum Lot Size Lot 1 24 850 SF Lot 2 30 060 SF Common AIea 1 Open Space 20 860 SF Common Area 2 Open Space 24 860 SF Common AIea 3 Access Easement 15 290 SF Common AIea 4 Open Space 920 SF Minimum Lot Width 25 Feet for Common AIea 2 Open Space Minimum Lot Area 31 655 SF in PUD Per Dwelling Unit Minimum Front Per Building Envelope Yard Setback Minimum Side Yard Per Building Envelope Setback Minimum Rear Yard Per Building Envelope Setback Maximum Height 25 Feet as measured from finished grade and 27 Feet to the ridge Allowable External 5 040 SF per each of the FAR two 2 single family residential dwelling units as calculated based on the City land use code methodology in affect at the time of building permit submittal Additionally 1 400 SF is allocated for the development of a for sale Category 4 affordable housing unit Minimum Off Street 2 Spaces per Residential Parkin Unit 204 Section 4 SubdivisionPUD Plat and Alreement The Applicant shall record a subdivisionIPUD plat and agreement that meets the requirements of Land Use Code within 180 days of approval The Plat shall contain the property boundaries easements and the building envelopes Section 5 8040 Greenline Review The 8040 Greenline approval granted herein is only for the road serving the single family residence parcels and the relocation of the tennis courts Prior to applying for building permits on the two 2 free market residential units or the associated accessory dwelling units within the subdivisionIPUD an 8040 Greenline Review on the specific residence designs shall be applied for and approved pursuant to Land Use Code Section 26435 030 8040 Greenline Review Section 6 Residential DesilnStandards The two 2 single family residences to be constructed within the subdivision shall be required to meet the applicable City of Aspen Residential Design Standards pursuant to Land Use Code Section 26 410 Residential Design Standards Section 7 Affordable HousinlMitilation A for sale three bedroom Category 4 affordable housing unit consisting of a minimum of 1400 square feet of net livable space shall be constructed in combination with providing a conservation easement on the southern 4 1 acres of the fathering parcel to mitigate for the free market residential dwelling units to be constructed within the subdivision The affordable housing unit shall be excluded from the homeowner s association for the subdivision so that it will not be responsible for maintenance and association fees common to the subdivision The homeowner s association documents shall not contain any language that prohibits the owners ofthe affordable housing units from having dogs Section 8 Conservation Easement The Applicant shall deed the 41 acres of the fathering parcel to be placed under a conservation easement to the City of Aspen Subsequently the City of Aspen shall record a conservation easement to be held by a third party on the 4 1 acres of the fathering parcel to remain in Pitkin County that will be sterilized in perpetuity against future development in exchange for one of the two 2 single family development rights within the subdivision The property shall be deeded to the City prior to submission for an access infrastructure permit on the common driveway improvements within the subdivisionIPUD The conservation easement document shall be prepared by the Applicant and reviewed by the Pitkin County Community Development Department prior to recordation Section 9 School Lands Dedication Fee Pursuant to Land Use Code Section 26 630 School Lands Dedication the Applicant shall pay a fee in lieu ofland dedication in conjunction with any residential development in the subdivision Prior to building permit issuance on any residential development within the subdivision the Applicant shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in effect 205 1 111 111 II 1 11 11111 111 III 111 IIII 1 I 361 JANICE K vas CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 at the time of building permit submission as set forth m Land Use Code Section 26 630 030 School Lands Dedication Dedication Schedule Section 10 Park Development Impact Fee Pursuant to Land Use Code Section 26 610 Park Development Impact Fee the Applicant shall pay a park development impact fee at the time of building permit issuance for any construction within the subdivision that adds new residential lodge bedrooms andor commercial office square footage The City Zoning Officer shall calculate the amount due using the fee schedule in effect at the time of building permit submission as set forth in Land Use Code Section 26 610 030 Park Development Impact Fee Fee Schedule Section 11 Soil Subsidence Rock FaIl and Avalanche Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified licensed engineer demonstrating the land is suitable to handle the proposed development in conjunction with the 8040 Greenline Review applications for the individual residences proposed within the subdivisionIPUD The designs for the single family residences within the subdivisionIPUD shall comply with the recommendations of the Applicant s Avalanche Specialist Peter Lev and Applicant s Geologist Nicholas Lampiris by providing an engineered four 4 foot tall retaining waIl on the south side of the residences Section 12 Mine Waste The Applicant shaIl provide a mine waste testing and handling plan to the City prior to submitting a building permit application on either of the residences that complies with the following conditions of approval regarding development in an Environmentally Sensitive area and handling of any hazardous or toxic soils encountered on the property pursuant to Land Use Code Section 26435 030 of the City of Aspen Municipal Code a Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with a non permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil Disturbed soil or material need not be removed if the City s Environmental Health Department finds that 1 the excavated material contains less than 1 000 parts per million ppm of total lead or 2 that there exists a satisfactory method of disposal at the excavation site Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility b Non removal of contaminated material No contaminated soil or solid waste shall be removed placed stored transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State andor Federal transportation and disposal permits c Dust suppression All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air 206 e 111111111111111I 111111 I 36F JANICE K VOS CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 d Vegetable and flower gardening and cultivation No vegetables or flowers shall be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve 12 inches of soil containing no more than 999 ppm lead e Landscaping The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require the same measures outlined in sub sections a b c f and g f Any contaminated soil or mine waste rock that is either disturbed or exposed shall be contained on the property such that runoff does not exit the property or contaminate clean soils existing elsewhere on the property g Any contaminated soil or mine waste rock to be left on site shall be placed under structures or pavement Soils used in landscaped areas or engineered fills shall be covered by a minimum of I foot of clean soil that contains less than 1 000 ppm lead Section 13 Fire Mitil ation Fire sprinkler and alarm systems that meet the requirements of the Fire Marshal shall be installed in each of the single family residences to be constructed within the subdivisionIPUD The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System The residences to be designed and constructed within the subdivisionIPUD shall meet the Colorado Defensible Space Standards Compliance with the Colorado Defensible Space Standards shall be verified as part of the 8040 Greenline Review process on the individual residences Section 14 Drivewav Construction The driveway shall be constructed to the grades that are proposed in the application and shall not exceed twelve 12 percent at any point A harrunerhead fire truck turnaround meeting the requirements of the Fire Marshal shall be installed as proposed in the application The Applicant shall enter into a recorded road maintenance agreement with the City that is to be reviewed and accepted by the City Fire Marshal prior to the issuance of an accesslinfrastructure permit to construct the road An access infrastructure permit shall be applied for and approved by the City Community Development Department prior to commencing any grading or construction activities related to the installation of the common driveway to the residential parcels A geotechnical report shall be submitted as part of the access infrastructure permit application Section 15 Landscapinl The Applicant shall install landscaping that is consistent with the landscaping plan that is proposed in the application for screening of the retaining wall A tree removal permit and tree protection plan shall be submitted and approved by the City of Aspen Parks Department prior to commencing construction activities related to the subdivision access improvements Additionally individual landscaping plans for the residential parcels shall be submitted and reviewed by the City Parks Department as part of the 8040 Greenline Review applications for the individual residences The Applicant shall provide a financial 207 1111111111111111 111111 1 36F JANICE K VOS CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 security to ensure the completion of the landscaping as shown on the landscaping plan in the application is completed prior to a building permit application being submitted on any of the residential units within the subdivision Section 16 Relocation of Tennis Courts The Applicant shall relocate the existing tennis courts prior to or in conjunction with the installation of the common driveway to the residential parcels within the subdivisionIPUD An access infrastructure permit shall be applied for and approved prior to the commencement of construction activities related to relocating the tennis courts The pathway from Ute Avenue to the relocated tennis courts shall be improved to comply with applicable ADA accessibility requirements A deed restriction shall be recorded on the Common Area 2 Open Space parcel to contain the tennis courts that preserves the parcel against future development Section 17 Trail Easement The Applicant shall grant a public trail easement to accommodate the existing Ajax Trail if it is found to be located outside of the existing trail easement in areas Additionally the Applicant shall grant a permanent public trail easement meeting the approval ofthe City of Aspen Parks Department along the eastern comer of single family residential Lot I in order to accommodate a pedestrian trail from the Ajax Trail down to Ajax Park prior to recordation of the final subdivisionIPUD plat Section 18 Water Department Requirements The Applicants shall comply with the City of Aspen Water System Standards with Title 25 and with the applicable standards of Title 8 Water Conservation and Plumbing Advisory Code of the Aspen Municipal Code as required by the City of Aspen Water Department The Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units Section 19 Aspen Consolidated Sanitation District Requirements The Applicants shall comply with the Aspen Consolidated Sanitation District s rules and regulations No clear water connections roof foundation perimeter drains to ACSD lines shall be allowed The sanitary sewer lines serving the residential properties within the subdivision shall be constructed out of a yellowmite material since adequate separation between the water and sewer lines cannot be maintained under the common driveway If a glycol heating and snowmelt system is to be installed the glycol storage areas shall be reviewed and approved by the Aspen Consolidated Sanitation District prior to installation Section 20 Massinl Controls The specific designs of the two 2 free market residential dwelling units that are to be submitted for 8040 Greenline Review pursuant to Section 5 of this ordinance shall be substantially consistent with the revised massing drawings presented to City Council on August 14 2006 A substantial subdivisionIPUD amendment review would be necessary to substantially vary from the massing drawings presented to City Council on August 14 2006 The width of the north facing facades of the free market residential units shall be limited to 120 feet The overall ridge height of the free market single family residential 208 W 11111111111111111 I II 1 36f JANICE K VOS CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 structures shall be limited to twenty seven 27 feet above finished grade and twenty 20 percent of the width of the front fayades shall be limited to a ridge height of twenty two 22 feet above finished grade Non reflective materials shall be used in the construction of the proposed single family residences Section 21 Vested Rilhts The development approvals granted herein shall be vested for a period of three 3 years from the date of issuance of a development order No later than fourteen 14 days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City ofAspen a notice advising the general public ofthe approval of a site specific development plan and creation of a vested property right pursuant to this Title Such notice shall be substantially in the following form Notice is hereby given to the general public of the approval of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24 Article 68 Colorado Revised Statutes pertaining to the following described property 1001 Ute Avenue City and Townsite of Aspen by Ordinance No 24 Series of 2006 of the Aspen City Council Section 22 This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided and the same shall be construed and concluded under such prior ordinances Section 23 If any section subsection sentence clause phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 24 A public hearing on the ordinance shall be held on the lOth day of July 2006 in the City Council Chambers Aspen City Hall Aspen Colorado fifteen 15 days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen INTRODUCED READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 12th day of June 2006 Hd YO 209 1 1 111 11 11 1111 111 m I IIII I I 36f JANICE K VOS CAUDILL PITKIN COUNTY CO R 46 00 0 0 00 J Attest FINALLY adopted passed and approved this 14th day ofAugust Attest Approved as to form 7 7at c John PWorcester City Attorney 210 IIIII IIII IIII VIII III III II e~ e4 ea:zzl RNICE K VOS CRUDILL PITKIN COUNTY CO R 76.00 D 0.00 SUBDIVISION/PUD AGREEMENT FOR 1001 UTE AVENUE SUBDIVISION Parcel No. 2737-182-00-063 THIS AGREEMENT is made this ®°~ day of May 2007 between UTE MESA, LLC, a Colorado lirrutedliability company (hereinaft r "Owner") and THE CITY OF ASPEN, a municipal corporation (hereinafter the "City"). WHEREAS, Owner owns the property located at 1001 Ute Avenue which is legally described on the plat recorded on ,~__, 2007 in Book ~.~ at Page s Reception No. $~' ~-5 13 of the Pitkin County Clerk and Recorder (hereinafter "the Property"); and WHEREAS, the Community Development Department received an application for Owner, represented by Davis Hom Incorporated, requesting approval of Subdivision, Consolidated ConceptuaUFinal PUD, 8040 Greenline Review, Growth Management Review for the Preservation of Significant Open Space Pazcels to divide the Property into two (2) residential properties and four (4) sepazate common azeas; (amended to three (3) residential properties and three (3) sepazate common areas); WHEREAS, the Planning and Zoning Commission approved Resolution No. 16, Series of 2006 ("Resolution 16"), by a six to zero (6-0) vote, approving with conditions an 8040 Greenline Review, a Growth Management Review for the Development of Affordable Housing, and recommending that City CouncIl approve with conditions, Subdivision Review, Consolidated Conceptual/Final PUD, and a Growth Management Review for the Preservation of Significant Open Space pazcels for the Property; WHEREAS, the City reviewed and considered the development proposal under the applicable provisions of the Municipal Code, reviewed and considered the recommendations of the P&Z, the Community Development IJirector, applicable referral agencies and has taken and considered public comment at a public hearing, and WHEREAS, pursuant to City of Aspen City Council (hereinafter "the Council") Ordinance No. 24, Series of 2006 ("Ordinance 24'x, the Council granted approval with conditions for a Subdivision Review, Consolidated Conceptual/Final PUD, and a Growth Management Review for the Preservation of Significant Open Space Pazcels for the Property (hereinafter "the Project"); and WHEREAS, Owner has submitted to the City for review and approval a Subdivision PUD plat for the project (hereinafter the "Plat") and the City will review the Plat with regazd to compliance with matters described herein; and subject to the provisions of the Municipal Code of the City of Aspen (hereinafter the "Code"), and other applicable rules and regulations; and WHEREAS, the City and the Owner wish to enter into aSubdivision/PUD Agreement for the Project; and Exhibit 9 211 IRIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 059007 03:221 R 76.00 D 0.00 WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and WHEREAS, there aze certain errors contained in Ordinance 24 which Owner and the Citydesiretocorrect. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the review of the Plat by the City, it is agreed as follows: 1. Description of Protect. A subdivision to divide the Property into two free mazket single-familyresidential properties, a property for the development of a "for sale" three bedroom, Category4 affordable housing unit, and three (3) sepazate common azeas, subject to conditions. A separate piece of land in unincorporated Pitkin County will be placed under a conservation easement and deeded to the City of Aspen as described in pazagraph 3.f. below. 2. Approved Development. Development of two free mazket single family residential dwelling utrits, and the development of a "for sale" three bedroom Category 4 affordable housing urrit, the relocation of the existing tennis courts approximately thirty (30) feet to the west of their current location, along with the necessary road improvements to access the residential lots subjecttotheconditionsdescribedinOrdinance24. 3. Development Requireu~nts. Owner shall satisfy the development requirements set forth below. Discrepancies in the lot sizes between those contained in Ordinance 24 and the dimensional requirements set forth herein result from minor changes to the lot boundaries that were reviewed by City Council prior to the adoption of Ordinance 24 but were not reflected in Ordinance 24. The dimensional requirements provided herein aze consistent with the final representations reviewed and approved by City Council on August 14, 2006. To the extent of anyconflictbetweentherequirementssetforthbelowandthosecontainedinResolution16or Ordinance 24, the requirements set forth below shall govern and control. a. Dimensional Requirements The approved dimensional requirements aze as follows: Lot Sizes: Lot 1: 23,636 SF (+/-) Lot 2: 28,286 SF (+/-) Lot 3: 2,912 SF (+/-) Common Area Lot A: 19,293 SF (+/-) Corranon Area Lot B: 23,250 SF (+/-) 212 537~~ 4 I IIIIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 09 5/09D20.0003:221 Common Area Lot C Access Easement: Common Area Lot D: Minimum Lot Width: Minimum Lot Atea Per Dwelling Unit: Mirimrun Front Yard Setback: Minimum Side Yard Setback: Minimum Reaz Yard Setback: 19,160 SF (+/-) 178,922 SF (+/-) 25 Feet for Common Area Lot C 38, 845 SF in PUD Per Building Envelope Per Building Envelope Per Building Envelope Maximum Height 25 Feet as measured from fuushed grade and 27 Feet to the ridge Allowable External FAR 5,040 SF per each of the two (2) free market single family residential dwelling units on Lots 1 and 2 as calculated based on the City land use code methodology in effect on August 14, 2006 (i.e., the date of Ordinance 24). Additionally, 1,400 SF is allocated for the development of a "for sale" Category 4 affordable housing unit on Lot 3. Minimum Off-street Parking: 2 Spaces per Residential Unit. b. Subdiv(sion/PUD Plat and PUD Agreement The Owner shall record aSubdivision/PUD Plat that meets the requirements of the Land Use Code and this Agreement within 180 days of approval. The Plat shall depict the boundaries of the development pazceis, common space pazceis, open space azeas, easements and the building envelopes. 8040 Greenline Review The 8040 Greenline approval granted herein is only for the road serving the single family residence pazceis and the relocation of the tennis courts. Prior to applying for building permits on the two free market residential units on Lots 1 and 2, an 8040 Greenline Review on the specific residence designs shall be applied for and approved pursuant to Land Use Code Section 26.435.030, 8040 Greenline Review. 8040 Greenline Review is not required for the affordable housing residence on Lot 3. d. Residential Design Standards The three (3) single family residences (2 Free mazket, 1 Affordable housing) to be 213 I~II['y'I~I~y' .~.I„III,I IIIII IIII) II II I II I II III II 059020 0 03:221 JPNICE K VOS CPUDILL PITKIN COUNTY CO R 76.00 D 0.00 constructed within the subdivision shall be required to meet all City of Aspen Residential Design Standazds pursuant to Land Use Code Section 26.410, Residential Design Standazds, or obtain a variance therefrom. Affordable Housing Mitigation A "for sale" three bedroom Category 4 affordable Housing Unit consisting of a minimum of 1,400 squaze feet of net livable space shall be constructed on Lot 3 in combination with providing a gift of land to the City of Aspen for Common Area Lot D and encumbering Common Area Lot D with a conservation easement to mitigate for the free market residential dwelling units to be constructed on Lots 1 and 2. A deed restriction on Lot 3 requiring it to be a Category 4 housing unit shall be recorded prior to an application for building permit for either Lot 1 or Lot 2. The affordable housing unit shall be excluded from paying dues to the homeowner's association for the subdivision so that it will not be responsible for maintenance and association fees common to the subdivision. T'he owner of the affordable housing unit shall be permitted to own dogs subject to the City of Aspen's rules and regulations). Residents of the affordable housing unit shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The sales price shall not exceed a maximum price as defined in the APCHA guidelines as amended from time to time. The Owner shall be able to select a purchaser for the Category 4 unit qualified by the APCHA. Resale of the unit shall be through the APCHA. Gift of Land to the City of Aspen/Conservatlon Easement The Owner shall gift to the City of Aspen Common Area Lot D, which is approximately 4.1 acres and which is located in unincorporated Pitkin County (the "CE Pazcel'. Immediately after title to the CE Pazcel is corneyed by Owner to the City, the City shall record a conservation easement on the CE Pazcel, the terms and conditions of which shall be mutually acceptable to the City and AVLT. The Owner shall have the right to review and comment upon the conservation easement and any amendments thereto; however, the final language of the conservation easement shall be detemuned by the City and AVLT. The conservation easement shall ensure that the CE Pazcel is sterilized in perpetuity against future development; however, recreational and other uses acceptable to the beneficiazy of the CE Pazcel shall be permitted. The conservation easement shall be recorded and the property shall be deeded to the City prior to submission for an access/infrastructure permit on the common driveway improvements within the Property. The conservation easement document shall be prepazed by the Owner and reviewed by the Pitkin County Community Development Department prior to recordation. g. School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Owner shall pay afee-irrlieu of land dedication in conjunction with arty residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Owner shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in effect at the time of 4 214 I IIIIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 0 059095 0 0003:221JRNICE building permit submission as set forth in Land Use Cale Section 26.620.070, School Lands Dedication.' Current Land Dedication and Cash in-lieu fees. The City found that the property is not conducive to locate a school facility and acash-in-lieu payment shall be accepted. h. Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Lnpact Fee, the Owner shall pay a park development impact fee at the time of building permit issuance for any construction within the subdivision that adds new residential/lodge bedrooms and/or corranerciaUoffice square footage. The City Zoning Officer shall calculate the amount due using the fee schedule in effect at the time of building permit submission as set forth in Land Use Code Section 26.610.090,ParkDevelopmentlmpactFee: CurrentlmpactFees. i. Soil Subsidence, Rock Fall, and Avalanche Hazards The Owner shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer, demonstrating the land is suitable to handle the proposed development in conjunction with the 8040 Greenline Review applications for the individual residences proposed on Lots 1 and 2 within the subdivision/PUD. The designs for the single-family residences within the subdivision/PUD shall comply with the recommendations of the Owner's Avalanche Specialist, Alpentech, and Owner's Geologist, Nicholas Lampiris, by providing an engineered four 4) foot tall retaining wall on the south side of the residences. All soil retention structures (temporary and permanent) must be designed to exhibit global stability for the surrounding topography. Additionally, any stmcture proposed needs to determine internal stability, design performance standads, and monitoring to ensure the design's performance. These standards apply to the residence structures and all subordinate retaining structure at or over 4 feet tall. j. Mine Waste The Owner shall provide a urine wash testing and handling plan to the City prior to submitting a building permit application on either of the residences, that complies with the following conditia~s of approval regarding development in an Environmentally Sensitive azea and handling of any hazardous or toxic soils encountered on the property pursuant to Land Use Code Section 26.435.030 of the City of Aspen Municipal Code. 1. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with anon-permeable tarp or other protective barrier approved by the Ernironmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility. 215 I IIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 00 5/09 60 0003:221 JRNICE K 2. Non-removal of contaminated material. No contaminated so>7 or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained arty and all necessary State and/or Federal transportation and disposal pemvts. 3. Dust suppression All activity or development shall be accompanied by dust suppression measures such as the application ofwater or other soil surfactantto minimize the creation and release of dust and other particulates into the air. 4. Vegetable and flower gardening and cultivation. No vegetables or flowers shaIl be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999-ppm lead. 5. Landscaping. The planting of trees and shmbs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require the same measures outlined insub-sections 1,2,3,6 and 7. 6. Arty contaminated soil or mine waste rock that is either disturbed or exposed shall be contained on the property such that runoff does not exit the property or contaminate clean soils existing elsewhere on the property. 7. Arty contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement. Soils used in landscaped azeas or engineered fills shall be covered by a rrurumum of 1 foot of clean soil that contains less than 1,000 ppm lead. k. Fire Mitigation Fire sprinkler and alarm systems that meet the requirements of the Fire Mazshal shall be installed in each of the single-family residences to be constructed within the subdivision/PUD. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. The residences to be designed and constructed within the subdivision/PUD shall meet the Colorado Defensible Space Standazds. Compliance with the Colorado Defensible Space Standazds shall be verified as pazt of the 8040 Greenline Review process on the individual residences. 1. Driveway Construction The driveway shall be constructed to the grades that aze proposed in the application and shall not exceed twelve (12) percent at arty poirrt. A hammerhead fire truck turnaround meeting the requirements of the Fire Mazshal shall be installed as proposed in the application and shown in the recorded Final Plat for 1001 Ute Avenue Subdivision/PUD to be recorded contemporaneously with this Agreement. The Owner shall enter into a recorded driveway maintenance agreement with the City that is to be reviewed and accepted by the City Fire Marshal prior to the issuance of an accesslinfrastructure permit to constmct the road. An access/infrastructure permit shall be applied for and approved by the City Community Development Department prior to commencing 216 III II II IIII II I I III I II III ~ 0690950 ~ 03:221 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 76.00 D 0.00 any grading or construction activities related to the installation of the common driveway to the residential pazcels. A geotechnical report shall be submitted as part of the access/infrastructure permit application. The approved utility design plan is part of the Final Plat for 1001 Ute Avenue Subdivision/PUD to be recorded contemporaneously with this Agreement. m. Landscaping The Owner shall install landscaping that is consistent with the landscaping plan that is proposed in the application for screerring of the driveway retaining wall and as depicted on Exhibit 1 attached hereto. A tree removal permit and tree protection plan shall be submitted and approved by fire City of Aspen Parks Department prior to commencing construction activities related to the subdivision access improvements. Additionally, individual landscaping plans for the free-mazket residential parcels shall be submitted and reviewed by the City Pazks Department as part of the 8040 Greenline Review applications for the individual free-mazket residences; provided, however, that the individual landscape plans for the free-mazket residences shall be conceptually consistent with Exhibit 2 attached hereto, so that the use of landscape material to soften the massing of the free-mazket residences is achieved as represented by Owner to the Council The Owner shall provide a financial security (see sub-section (s) below) to ensure the landscaping as shown on the approved landscaping plan for the driveway retaining wall is completed prior to a building permit application being submitted on arty of the residential units within the subdivision. Exhibit 3 attached hereto includes a cost estimate for completion of the landscaping plan for the driveway retaining wall to be used in determining the financial security in sub-section (s) below. n Rebcation of Tennis Courts The Owner shall relocate the existing tennis courts to Common Area Lot B prior to or in conjunction with the installation of the common driveway to the residential parcels within the subdivision/PUD. An access/infrastructure permit shall be applied for and approved prior to the commencement of construction activities related to relocating the tennis courts. There shall be a walkway (incompliance with ADA access requirements) from Ute Avenue to the relocated tennis courts. A deed restriction shall be recorded on the Common Area Lot B (the pazcel to contain the tennis courts) that preserves the parcel against future development. o. Water Department Requiremenrts The Owners shall comply with the City of Aspen Water System Standazds, with Title 25, and with the applicable standards of Tifie 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Owners shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. See sub-section (u) below for financial assurance requirements. p. Aspen Consolidated Sanitation District Requirements 217 I IIIIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 05909/8200 03:22 ITKIN COUNTY CO R 76.00 D 0.00 The Owners shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No cleaz water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed The sarritary sewer lines serving the residential properties within the subdivision shall be constructed out of a yellowmite material since adequate sepazation between the water and sewer lines cannot be maintained under the common driveway. If a glycol heating and snowmelt system is to be installed, the glycol storage azeas shall be reviewed and approved by the Aspen Consolidated Sanitation District prior to installation. q. Massing Controls The specific designs of the two (2) free-mazket residential dwelling units that aze to be submitted for 8040 Greenline Review pursuant to Section 5 of Ordinance 24 shall be substantially consistent with the revised massing drawings presented to City Council on August 14, 2006. A substantial subdivision/PUD amendment review would be necessary to substantially vary from the massing drawings presented to City Council on August 14, 2006. The width of the north-facing facades of the free-mazket residential units shall be limited to 120 feet. The overall ridge height of the free-mazket, single-family residential structures shall be limited to twenty-seven (27) feet above finished grade, and twenty (20) percent of the width of the front facades shall be limited to a ridge height of twenty-two (22) feet above finished grade. Non-reflective materials shall be used in the construction of the proposed single-family residences. Vested Rights The development approvals granted herein shall be vested until August 14, 2009 (i.e., a period of three (3) years from the August 14, 2006 date of Ordinance 24). No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1001 Ute Avenue, City and Townsite of Aspen, by Ordinance No. 24, Series of 2006, of the Aspen City Council. s. Security for Landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described herein, the Owners shall provide a bond, letter of credit, cash, or other guazantees in a form satisfactory to the City Attorney in the sum of $44,130.00. Said guazantees will be delivered to the City prior to the issuance to the Owner of the infi~astmcture/access permit for the Project. The guazantee documents shall give the City the unconditional right, upon cleaz and unequivocal default by the Owner in its obligation to complete the Project landscaping to withdraw funds against such security sufficient to complete and pay for 218 IIIIIII IIII III III II III II esi0enoe 0a:zzc JRNICE K VOS LRUDILL PITKIN COUNTY CO R 76.00 D 0.00 installation for such Project landscaping. As portions of the required landscaping improvements aze completed, the City Parks Department shall inspect the landscaping improvements, and upon approval and written acceptance, a reduction in the outstanding amount of the applicable bond, letter of credit, cash or other guarantees shall be authorized in an amount equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed landscaping improvements are completed and approved by the City Pazks Department and such amount shall not be released until two growing seasons following the issuance of a certificate of occupancy for the Project. Recordation Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this Agreement and the Plat shall be recorded in the Office of the Pitkin County Clerk and Recorder. The Plat shall also be submitted in a digital format acceptable to the Community Development Deparhnent, for incorporation into the City/County GIS system. 4. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owner: Leathern Steam 37 Feny Lane East Westport, Connecticut 06880 With Copies to: Glenn Horn Davis Hom Incorporated 215 South Monatch Street ,Suite 104 Aspen, Co. 81611 Chris LaCroix Garfield & Hecht, P. C. 601 E. Hyman Aspen, Co. 81611 To City of Aspen: City Manager 219 130 South Galena Street Aspen, Co. 81611 With a Copy to: City Attorney 130 South Galena Street Aspen, Co. 81611 5. Binding Effect. The provision of this agreement shall run with and conshitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 6. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 7. Severabiiity. If any of the provisions of this Agreement aze determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST:THE CITY OF ASPEN, a municipal corporation Kathryn S. K City Clerk Helen Klanderud, Mayor APPROVED AS TO FORM: john Worcester, City Attomey OWNER: tTI'E MESA, L C, a Colorado limited liab-;ilit~ycompany Leathern S. Stearn, Manager 10 IIII II I II IIII II IIII I II III II I II III a e0 5 04f easzzl JRNICE K VOS CRUOILL PITKIN COUNTY CO R 76.00 0 0.00 220 r^'~ STATE OIL oo,,,FeT~ eur ) 537514IIIIVIIIIIIIIIIIIIIIIIIIIIIIIIII06909/2007f 03522{ JRNICE K VOS CRUOILL PITKIN COUNTY CO R 76.00 D 0.00 COUNTY OF ~ifi~'~~ r.~ ) TheforegoingAgreementwasacknowledgedbeforemethis d3 dayof /%~ 2007 by Leathern S. Steam, Manager of Ute Mesa, LLC. WITNESS my hand and official seal. My commission expires: Y h j t K i- ~30- pia Notary Public LIST OF EXHIIiITS EXHIBIT 1 LANDSCAPE PLAN FOR DRIVEWAY EXHIBIT 2 CONCEPTUAL LANDSCAPE PLAN FOR FREE-MARKET RESIDENCES EXHIBIT 3 COST ESTIMATE FOR DRIVEWAY LANDSCAPE PLAN 11 221 VY7^~/~6 iAai LRIYA tl/-) Ai lsfP4i WLY L I[~[~ ^F~°I^J ~Y ~i'r9 V°'19 ~'!d9 91°9 LTt l~id It~uamawlna3 ~~v+P!tWV adeaspue~ NI 'sa.-.vr~ossd ante ravuoy~ aaa~ I ~ s S ~ ~ O ~ .. ~ yB r¢i ~ ~ ~ I ~_ r Q ~~^ O D ~3id~ w \ l~"1 hN~^ ~ Lr7 k i 00'0 0 00'9L a co alr~noo ra[~+itd ~niando Son r ~ocwdr ZZ~EO L00Z/60/50 5t d~ ZL ;a6ed t7 4 ALES Z , \\ m ~ F`_~ Z ~s z u ._ z w a Q r I Z 0„ s ~-0 O1 o Wmdi avI pJ,~ 3 r ~f I a- n s 222 s, 0 an Il S ~ Z a a F v ^ + h U o H~ ~ ,~\/~r r ~ ad ~ a°a ~1 ~ J ~ erg", ,`~, J~. ~~ i.~-- o i i t l I ~ ~ I I 1 I i 4~i i t ~; , Ir~~ ~ on f , ,~~~ A. ~z ~ ` ~. s c. f, /~ _ _, W~ ~i i/ % _ _ ~ - - / ~ - / i, !p-~ 'ri`b' <~ ~iw (r ~ ~/ ~~ - - ,-~ _- - - ~ _ , o ~ c ' ~` z ~ ~ ~ ~ = D Z J 0~(1 ~ ~ , - J a aa ~ (~H J a m ZO 0.. - ,-rte (~~~'~ 0 < 7 ~i ~/JZ~ ~ ~ J ZO ~ o a ^ o~~ ofo~~z mn ~~ aagoa ~ m aaI~asaJm^O O Z O 0 a 0^~ &} 0 7 00 tt % a a a o a m( ~u~ma a s o0 00' 0 D 00~ 9L b 00 AlNf100 NI~lId ~'lI4fItl0 S0~ N 30INtlC 0 L00Z/60/S0 1111111111111 III 111111 IIII 111111 IIIII 111111 IIIII ~~~~~~ ~ f a i r I 1 f~ l~ 5i !~ ET :abed 223 I IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III IIIIII III IIII 0 0590 0 0 0003522E JRNICE K GREG MOZIAN AND ASSOCIATES, INC. ^ Landscape Architecture Environmental Planning 1001 Ute Avenue Landscape Cost Estimate The following is a breakdown of the cost estimate for the installation of the landscape to screen the tennis court and retaining walls based on approved drawings from 8/14/06. Item Cost Irrigation $ 5,000.00 Evergreen Trees - 36 @ 900.00 $ 32,400.00 Deciduous Trees - 8 @ 435.00 $ 3,480.00 t,,, Large Shrub - 13 @ 250.00 $ 3,250.00 Total $ 44.130.00 X~iBiT 3 224 Exhibit 10225 226 227 228 Exhibit 11 1001 / 1011 Ute Avenue – Vicinity Map 229 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: User Defined Area on 11/06/2020 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Exhibit 12 230 4,514 752.3 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0752.3376.17 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 9:33 AM 11/06/20 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Parcel Boundary Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS 231 GRAHAM NELL C DENISON, TX 750200448 101 DIAMOND POINTE LOOP #5N ORR ROBERT L FAMILY PARTNERSHIP LLLP GRAND JUNCTION, CO 81506 2700 G RD #12A MEYER WILLIAM J WASHINGTON, DC 20036 1850 M ST NW #600 RICHTER VALERIE A TRUST PARADISE VALLEY, AZ 85253 6214 N 34TH ST HARTMAN DOYLE & MARGARET MIDLAND, TX 79702 PO BOX 10426 ASPEN SKIING COMPANY LLC ASPEN, CO 81612 PO BOX 1248 PARIS ZACHARY A ASPEN, CO 81611 999 S UTE AVE YOUNGS POINT LLC NEW ORLEANS, LA 70130 1322 1ST STREET WATCHMAKER LINDA L REV TRUST MINNEAPOLIS, MN 55424 4527 BRUCE AVE NADJAFI MORTEZA & HEIDI ORLANDO, FL 32803 736 N MAGNOLIA AVE GESSNER RICHARD W REV TRUST MASSILLON, OH 44646 1705 11TH ST NE DIAMOND NATHAN P CORAL GABLES, FL 33156 5465 BANYAN TRL RICE MARGARET A OVERLAND PARK, KS 66221 13912 FLINT SEGUIN JEFF W & MADALYN B ASPEN, CO 81611 617 E COOPER AVE #412 TAYLOR SUSAN ANN ASPEN, CO 81611 970 POWDER LN AMERENA ROBIN MELBOURNE VICTORIA AUSTRALIA 3006, 250 ST KILDA #507 SOUTHBANK POPE AIDAN RICHARD NEW YORK, NY 10013 220 CENTRE ST #4 BRYANT NANCY ASPEN, CO 81611 555 E DURANT AVE STE 5A KLUMP CHILDRENS GIFT TRUST ATLANTA, GA 30305 3060 PEACHTREE RD #425 SCHIRMER LESLIE M TRUST ENGLEWOOD, CO 80113 4100 E QUINCY AVE C-L HOLDINGS LLC WOODY CREEK, CO 81656 PO BOX 126 SIEGEL LOIS H QPRT SOUTH MIAMI, FL 33143 6358 MANOR LANE LIBERMAN KEITH & KATHLEEN FAMILY TRUST BEVERLY HILLS, CA 90210 9554 HIDDEN VALLEY RD ST MARYS OF ASPEN LLC FT LAUDERDALE, FL 33316 1532 S.E. 12 STREET PH1 ORR ROBERT L FAMILY PTNSHP LLLP GRAND JUNCTION, CO 81506 2700 G RD #12A APPLEBAUM LOUIS ENCINITAS, CA 920242015 438 NEPTUNE AVE VANTILBURG JOHANNES & JOANNE SANTA MONICA, CA 90404 1738 BERKELEY ST MIKA PATRICK D COLORADO SPRINGS, CO 80903 630 N TEJON ST 2021 INVESTMENTS LLC JANESVILLE, WI 53545 1000 E MILWAUKEE ST CRONIN F CARLETON & TOBY ANN TRUST LOS ANGELES, CA 90048 8748 DORRINGTON AVE 232 MERRILLS DAPHNE SEWICKLEY, PA 15143 217 SCAIFE RD GANT CONDOMINIUM ASSOCIATION INC ASPEN, CO 81611 610 S WEST END ST NUTTER GEORGE E & LYNDSAY CANADA M4G 3P3, 223 HANNA RD TORONTO ONTARIO VARGAS GERMAN JAVIER NEW YORK, NY 10028 450 E 83RD ST #18D SCHARLIN GLORIA REV TRUST CORAL GABLES, FL 33133 10 EDGEWATER DR #4A RXR4EVER LLC ORINDA, CA 94563 4 ORINDA WY #180-D DE GUZMAN KATHLEEN NEW YORK, NY 10013 220 CENTRE ST #4 WEHRLE GAINES FAMILY TRUST PACIFIC PALISADES, CA 90272 801 AMALFI DR BECKER BARRY W IRREV TRUST LAS VEGAS, NV 89107 2404 RANCHO BELLAIRE CT BECNEL DANIEL E JR & MARY HOTARD LAPLACE, LA 70068 425 W AIRLINE HWY #B NERNEY THOMAS P & CHRISTINE WALKER WAYNE, PA 19087 1190 DEVON PARK DR RAPPAPORT FAMILY PARTNERS TIBURON, CA 94920 PO BOX 127 BAYLDON BARBARA W REV TRUST CHICAGO, IL 60657-4504 647 W BARRY AVE BELL MEREDITH W REVOCABLE TRUST ATLANTA, GA 30309 147 17TH ST NE K & W PROPERTIES INC NEW SMYRNA BEACH, FL 32168 728 CANAL ST KALSER GARY & CINDY WINTER PARK, FL 32789 171 GENIUS DR ZLN RESIDENTIAL TRUST ELMWOOD, LA 70123 701 EDWARDS AVE FRY LLOYD EDWARD PIQUA, OH 45356 1335 STRATFORD DR WEXLER MINDY R REV TRUST PALM BEACH, FL 33480 100 SUNRISE AVE #415 PYRFEKT PROPERTIES LLP SARASOTA, FL 34231 1424 CEDAR BAY LN COHN JOHN R & BARBARA O DALLAS, TX 75225 3533 GREENBRIER DR CRUM THOMAS F & CATHRYN R ASPEN, CO 81611 991 UTE AVE ARNETT DAVID & BETTE TUCSON, AZ 85718 5333 N CAMINO REAL 1001 UTE AVE HOA ASPEN, CO 81611 1001 UTE AVE SANDERS RICHARD & JOANNE ENGLEWOOD, CO 80110 8 PARKWAY DR MCCORMICK ROGER F FAMILY TRUST OWENSBORO, KY 42304 PO BOX 21532 KONIN FAMILY TRUST HERMOSA BEACH, CA 90254 1936 LOMA DR 610 S W END RENTALS E201 LLC NAPERVILLE, IL 60540 608 HENNING CT KRAMER KRISTIN REV TRUST BONITA SPRINGS, FL 34134 26171 WOODLYN DR JJA FAMILY LLC LEXINGTON, KY 40517 395 REDDING RD #242 233 ASPEN SKI TIME LLC CUAJIMALPA MEXICO DF 05120, BOSQUE DE CIDROS #114 DEP 1301 COL BOSGUE DE LAS LOMAS DELEGACION GOODSIR SUSAN A LAKE BLUFF, IL 600441300 1000 CAMPBELL CT TEN TEN UTE HOA ASPEN, CO 81611 19 UTE PL SANDITEN EDWARD STANLEY ASPEN, CO 81612 PO BOX 11566 DILLARD WILLIAM T II & MARY A LITTLE ROCK, AR 72203-0486 PO BOX 486 GW VENTURES 2 LLC PACIFIC PALISADES, CA 90272 801 AMALFI DR OGURI JOINT LIVING TRUST PASADENA, CA 91106 1570 ROSE VILLA ST SCHWARZ REV TRUST PASADENA, CA 91106 860 ARDEN RD KLETTENBERG JULIEN & ANNA LISA KART DARLING POINT NSW 2027 AUSTRALIA , 7-95 DARLING POINT RD FELSON ZACHARY S IRREV TRUST HAYWARD, CA 94541 1290 B ST #212 MEHL HARRIET F REV TRUST NEW YORK, NY 10019 350 W 57TH ST #17A SEWELL BEVERLY J TRUST GRAND JUNCTION, CO 81505 884 QUAIL RUN DR LITTLE ANNIES CONUNDRUM LLC WASHINGTON, DC 20015 6125 29TH NW DEWAAL IAN & JESSICA ASPEN, CO 81611 747 S GALENA ST #302A CODY ROLAND LUTHER JR MOUNT PLEASANT, SC 294643437 434 WEST COLEMAN BLVD FRYKLUND ROBERT HOUSTON, TX 77005 2917 DUKE ST LEE MARIANNE S LTD PARTNERSHIP HENDERSON, NV 89052 2836 PATRIOT PARK PLACE WHITAKER PATRICIA D TRUST ST LOUIS, MO 63105 236 LINDEN AV HOWELL JOHN D JR & SARA JONESBORO, AR 72401 809 SOMERSET LN CHMELIR FRANK J & SANDRA L DOWNERS GROVE, IL 60515 201 39TH ST RAMSEY STACIE A MADISON, NJ 07940 39 CANTERBURY RD JACOBS HARLAN & DEBRA TRUST LA JOLLA, CA 92037 8040 N LA JOLLA SCENIC DR GE 401 LLC SAN FRANCISCO , CA 94147 PO BOX 475027 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST SIMON DONNA L REV TRUST STAMFORD, CT 06903 1294 ROCK RIMMON RD SCHALDACH NANCY LOS ANGELES, CA 90064 10259 MONTE MAR DR COLORADO R E PARTNERS LLC CHICAGO, IL 60604 111 W JACKSON BLVD STE2220 SEWELL RALPH B TRUST GRAND JUNCTION, CO 81505 884 QUAIL RUN DR SLOANE RICHARD & CAROLYN PALM BEACH, FL 33480 PO BOX 3149 FELSON JAYME N IRREV TRUST HAYWARD, CA 94541 1290 B ST #212 234 HARVEY BRIAN L LOS ANGELES, CA 90024 PO BOX 240011 GANT G304 LLC MEMPHIS, TN 38125 3340 PLAYERS CLUB PKWY # 160 CARDALL FAMILY TRUST SAN DIEGO , CA 92109 2404 LORING ST #61 MAX ROSENSTOCK & CO SCOTTSDALE, AZ 85258 7839 E SORREL WOOD CT MOEN DONNE & ELIZABETH FAM TRUST ROLLING HILLS, CA 90274 8 CABALLEROS RD BEEM CORPORATION MINNEAPOLIS, MN 55403 1201 CURRIE AVE HEATZIG BONNIE & ERIC BOCA RATON, FL 33487 5304 BOCA MARINA CIR BITTEL HANNAH FAMILY TRUST MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 WAGNER GANT PROPERTIES LLC WEST BLOOMFIELD, MI 48323 3480 MIDDLEBELT RD GROUP 102 LLC DUBLIN, OH 43017 6400 RIVERSIDE DR BLDG B ALBERT MICHAEL ASPEN, CO 81612 PO BOX 1413 SEIFERT BROTHERS COLORADO TRUST SHOREVIEW, MN 55126 4459 SNAIL LAKE BLVD JRB RE HOLDINGS LLC SAN ANTONIO, TX 78231 4114 POND HILL # 203 GRAHAM MAUREEN & THEODORE L WORTHINGTON , OH 43085 110 ST.ANDRE ST WEST ROGER G & DONNA A BATON ROUGE, LA 70808 6650 BURDEN LN A SUNSHINE LLC ASPEN, CO 81611 730 E DURANT AVE # 200 1001 UTE AVE HOA ASPEN, CO 81611 1001 UTE AVE WEKSTEIN TRUST BOSTON, MA 02199 100 BELVIDERE ST #9A WARREN MATTHEW L GRAND JUNCTION, CO 81507 2022 BASELINE DR N & D CRAIR FAM TRUST PACIFIC PALASADES, CA 902724024 13926 W SUNSET BLVD RONCHETTO LYNN A NEW YORK, NY 10017 320 E 42ND ST #101 CHRISTY 2017-3 ACQUISITION LLC DALLAS, TX 75201 325 N ST PAUL ST #4300 DEPALMA JOHN R GLENDALE, CA 91206 710 W WILSON AVE BITTEL ARI FAMILY TRUST MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST KAUFMAN MICHAEL A & SHERRYL W E BRUNSWICK, NJ 08816 7 FERNWOOD CT KLUMP CHILDRENS GIFT TRUST ATLANTA, GA 30305 3060 PEACHTREE RD #425 FIDELITAS HOLDING CO LTD OTTAWA ONTARIO CANADA K2P2E7, 30 CARTIER ST CHRISTY 2017 LP DALLAS, TX 75201 325 N ST PAUL ST #4300 GANT 203 LLC BELLA VISTA, AR 72714 PO BOX 5278 235 FAVROT CAFFREY METAIRIE, LA 70005 124 CHARLESTON PK GANT CONDOMINIUM ASSOCIATION INC ASPEN, CO 81611 610 S WEST END ST AFTER7UTE LLC SANTA BARBARA, CA 93108 315 MEIGS RD #A-257 BESHARAT GERALDINE ELBERTON, GA 30635 9 WOODLAND RD MORRIS TRUST RIVER FOREST, IL 60305 906 FRANKLIN ASPEN ALPS CONDO ASSOC ASPEN, CO 81611 700 UTE AVE WOODWARD TERRY TRUST OWENSBORO, KY 42303 3662 BRIDGEPOINTE MACHADO MONICA M NEW YORK, NY 10028 450 E 83RD ST #18D ROSS DWAYNE A & DUREE M FAMILY REV TRUST FORT LAUDERDALE, FL 33324 10740 PEGASUS ST 323 BOULEVARD ASSOCIATES PITTSBURGH, PA 15217 5860 SOLWAY ST MERRILLS DAPHNE TRUST SEWICKLEY, PA 15143 217 SCAIFE RD DAVIS TERRY CONNALLY SHREVEPORT, LA 71106 1046 ONTARIO GANT CONDOMINIUM ASSOCIATION INC ASPEN, CO 81611 610 S WEST END ST MCCOY TRUST SALT LAKE CITY, UT 84106 623 E 2100 SOUTH KEENAN DANIEL M TRUST ANNAPOLIS, MD 21401 1716 SEVERN FOREST DR BRENER DANIEL M & SHARON G BELLAIR, TX 77401 5202 POCAHONTAS KONIN FAMILY TRUST HERMOSA BEACH, CA 90254 1936 LOMA DR GANT CONDO ASSOC ASPEN, CO 81611 610 S WEST END ST BARTOK PETER & COLLEEN COLUMBIA, MD 65203 321 WEST BURNAM RD RYAN ASPEN LLC JANESVILLE, WI 53545 1000 E MILWAUKEE ST SNYDER JAMES DANIEL & LINDA RAE FLOSSMORE, IL 60422 1225 BRAEBURN MILLS ISOBEL PARKER ATLANTA, GA 30327 1780 GARRAUX PL SIMPKINS B DOUGLAS & JOHNETTE TETLOW HOUSTON, TX 77019 2921 AVALON PL UTE PLACE TEN LLC NEW ORLEANS, LA 70118 456 AUDUBON ST TATEM SUE BINKLEY ASPEN, CO 81612 PO BOX 12373 ASPEN VIEW LTD SIDNEY, OH 45365 100 S MAIN AVE #300 BURKE ASPEN LLC HARTLAND, WI 53029 W308N6183 SHORE ACRES RD BW AND VC REV PROPERTY TRUST KIRKLAND, WA 98033 7630 115TH PL NE HAM PROPERTIES LLC METAIRIE, LA 70005 300 HECTOR AVE WERNST INC BEDFORD, NH 03110 1 HARDY RD #1001 236 HIRSCH MARY H TRUST ASPEN, CO 81611 610 S WEST END ST #D203 PROSTIC MARJORIE SUE TRUST SHAWNEE MISSION, KS 66208 2225 STRATFORD RD WEINSTEIN DAVID M & SHAWNA R COLORADO SPRINGS, CO 809063126 24 ELM AVE SEGHATOLESLAMI EBRAHIM GRAND JUNCTION, CO 81502 PO BOX 2743 GANT K302 LLC WICHITA, KS 67207 58 MISSION SILVERMAN MARK J & NANCY C CHEVY CHASE, MD 20815 7404 BROOKVILLE RD POWDER HOLDINGS LLC CHICAGO, IL 60611 415 E NORTH WATER # 3006 COOPER DUPLEX LLC MINNEAPOLIS, MN 55422 1109 ZANE AVE N UTE MESA LOT 1 WESTPORT, CT 06880 PO BOX 3211 FELSON KARA L IRREV TRUST HAYWARD, CA 94541 1290 B ST #212 BLOCK JOEL A REV TRUST CHICAGO, IL 606574504 647 W BARRY AVE PROPERTY INVESTORS #1 LLC MC LEAN, VA 22120 8407 BROOKEWOOD CT 17 UTE PLACE LLC BENTONVILLE, AR 72712 PO BOX 1860 FOSSIER MIKE W REV TRUST WINCHESTER , MA 01890 7 WAINWRIGHT RD #88 GUNION JOHN F DAVIS, CA 95616 1004 MARINA CIR GRANT JODI WASHINGTON, DC 20002 329 9TH ST NE BITTEL DANIEL FAMILY TRUST MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 SCHARLIN GLORIA REV TRUST CORAL GABLES, FL 33133 10 EDGEWATER DR #4A AGER REALTY LLC GOLDEN BEACH , FL 33160 555 GOLDEN BEACH DR SHIRK JAMES & LINDA TRUST BLOOMINGTON IL , CO 61702 PO BOX 1549 BECK CYNTHIA LOS ANGELES, CA 90012 728 N BUNKER HILL AVE STEWART SAMUEL & JACQUELINE METAIRIE, LA 70005 124 CHARLESTON PK ROSENBAUM THOMAS F TRUST PASADENA, CA 91106 415 S HILL AVE MCCORMICK MARY E OWENSBORO, KY 42304 PO BOX 21532 HOCKER DAVID E OWENSBORO, KY 423015483 620 PARK PLAZA DR 679534 ONTARIO LTD TORONTO ONTARIO CANADA M4N 3R5, 2 CHEDINGTON PLACE 1A CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST 1001 UTE AVE HOA ASPEN, CO 81611 1001 UTE AVE 774302 ONTARIO LTD TORONTO ONTARIO CANADA M4N 3R5, 2 CHEDINGTON PLACE 1A GREGORY VIRGINIA LEE MOUNT PLEASANT, SC 294643437 434 WEST COLEMAN BLVD 237 TAIT-JAMIESON EMILIE ASPEN, CO 81611 999 S UTE AVE FABER KATHERINE T TRUST PASADENA, CA 91106 415 S HILL AVE GANT 103 LLC BELLA VISTA , AR 72714 PO BOX 5278 P&G LEVIN FAMILY GENERAL PARTNERSHIP SCOTTSDALE, AZ 85262 9716 E PRESERVE WY GANT JO3 LLC GOLDEN VALLEY, MN 55422 1109 ZANE AVE N ORR ROBERT L FAMILY PARTNERSHIP LLLP GRAND JUNCTION, CO 81506 2700 G RD #12A BITTEL STEPHEN H MIAMI BEACH, FL 33140 801 ART GODFREY RD #600 HYMAN GARY LONDON UK NW8 9TX, 74 EYRE CT 3-21 FINCHLEY RD JANNA INC GRAND JUNCTION, CO 81506 500 PATTERSON RD GANT EXCHANGE LLC MINNEAPOLIS, MN 55436 5704 DEVILLE DR WHITEHURST JOHN S & BILLIE BALTIMORE, MD 212121023 6504 MONTROSE AVE SIMON DONNA L REV TRUST STAMFORD, CT 06903 1294 ROCK RIMMON RD COATES TOM & LINDA FAM TRUST SAN FRANCISCO, CA 94111 655 MONTGOMERY ST #1700 JACK LP KITCHENER ONTARIO CANADA N2M2T8, 10 WESTGATE WALK 238 CITY OF ASPEN, COLORADO CITY COUNCIL RESOLUTION # 33 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SETTING THE DATE OF APPEAL AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE APPEAL OF THE HISTORIC PRESERVATION COMMISSION’S DETERMINATION OF FEBRUARY 17, 2021. WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, 1020 E. Cooper LLC has timely filed an appeal of the Aspen Historic Preservation Commission denying the application of 1020 E. Cooper LLC, for redevelopment of property located at 1020 E. Cooper Ave, Aspen, Colorado; and WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, the appeal is heard by the Aspen City Council and is reviewed on the record established by the decision-making body from which the appeal is taken; and WHEREAS, the City Council has determined that it is in the best interest of the City and the parties involved to hear the appeal at a special meeting and to formally set forth specific procedures for the conduct of the appeal applicant’s appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1. Pursuant to Section 4.2, of the Aspen Municipal Charter, the City Council hereby directs the City Clerk to call and properly notice a Special Meeting of City Council to be held on April 19, 2021, commencing at 4:00 p.m., for the purpose of hearing the appeal of the Aspen Historic Preservation Commission (“HPC”) determination denying the application of 1020 E. Cooper LLC, for redevelopment of property located at 1020 E. Cooper Ave, Aspen, Colorado. Section 2. Pursuant to Section 26.316.030 of the Aspen Municipal Code and Section XVIII of the Rules and Regulations of the Aspen City Council, the Council hereby adopts the following procedures for the conduct of this appeal: PRELIMINARY PROCEDURES: 1. Video of Hearings of HPC are available at: https://records.cityofaspen.com/weblink/0/fol/1986097/Row1.aspx\ 239 2. The record of the hearings of HPC shall be made available to the applicant and the public no later than March 26, 2021. 3. Written Legal Arguments shall be allowed pursuant to the following procedures: (a) Schedule for submission: All legal arguments shall be submitted to the Office of the City Clerk on or before April 9, 2021 at 12:00 noon. Such written arguments can be sent to the Clerk at Nicole.henning@cityofaspen.com or deliver in person or by mail to the City Clerk, 130 S. Galena Street, Aspen, CO 81611, no later than the date and time specified herein. (b) Who may submit: Applicant may submit a written argument in support of its appeal. HPC may submit a written argument in support of its decision. Any other interested party may submit a written argument in support of or in opposition to the application. (c) Requirements of written submissions: Page Limits: Applicant: 10 pages, double spaced, 12 pt. font, including exhibits, 1” margins. HPC: 10 pages, double spaced, 12 pt. font, including exhibits, 1” margins. All other parties: 7 pages, double spaced, 12 pt. font, including exhibits. Content: Anyone submitting a brief should confine their arguments to the facts in the record before the HPC. No additional evidence shall be submitted or considered by Council. The record will be paginated so that references to the facts should contain a reference to the page in the record where the facts were presented. All written arguments must be submitted to the Clerk’s Office no later than April 9, 2021 at 12:00 noon. 240 CONDUCT OF HEARING: 1.No oral presentation will be made to Council. 2.The Public may attend the meeting through Webex. However, no public comment shall be taken. 3.Any party who has submitted a written argument in support of a position may wish to be available to answer appropriate questions from Council. 4.Council shall review the record and deliberate based on the record and legal positions presented. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23 rd day of March 2021. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on March 23, 2021. Nicole Henning, City Clerk 241