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)
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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
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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
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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)
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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